The URL can be used to link to this page

Ordinance 2006-075 21 10601- 314•?S Filed '" Record in STATE OF ILLINOIS K.EhiDALL �. Uhaf'r f ILLINOI il'AUL AHLE . 'Dha it COUNTY OF KENDALL Clr:DIHAi'C 1 09. 130 RHSF' Surcharge 10..011 20071 0021670 Filed for Record in �R � 10 CO to- ` PAUL ANDERSON ILLINOIS I � F'AUL AhaDERSOF� 'r-�)E - Q_ l Q7 -17 -2007 At 12:40 am. IV ORDINANCE 104.01) RHSP Surcharge 10.00 ORDINANCE NO. 2006- 7 5_ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Aspen Ridge) 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 I WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record 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 presently 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 JOSEPH BESCO lJ, VALERIE BURD 1'l PAUL JAMES L) DEAN WOLFER V, MARTY MUNNS l' ROSE SPEARS rl JASON LESLIE M Ay0k 1?ROCH AAA y Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this D Day of AUG ut J , A.D. 2006. MAYO Page 2 of 3 i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ' day of Iqu6 U67 , A.D. 2006. ATTEST: , CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) i ANNEXATION AGREEMENT ASPEN RIDGE ESTATES This Annexation Agreement (hereinafter "Agreement "), is made and entered into this day of U57 , 2006, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation, (hereinafter referred to as the "CITY "), and ASPEN RIDGE ESTATES, L.L.C., the owner of record of the subject property, (hereinafter referred to as the "OWNER "). WITNESSETH WHEREAS, the OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 126 acres, more or less (hereinafter the "PROPERTY ") which is located at the southwest corner of Fox and Pavillion Roads; and WHEREAS, the PROPERTY is located in an unincorporated area of Kendall County and is contiguous to the corporate limits of the City; and WHEREAS, there are no electors residing on the PROPERTY; and WHEREAS, the OWNER desires to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and to grant zoning and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, the OWNER and the CITY have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities and the Plan Commission of the CITY have duly held all public hearings relating to annexation, zoning and subdivision all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and QBCHI\449028.9 -1- WHEREAS, the OWNER and the CITY agree that upon annexation to the CITY the PROPERTY shall be zoned R -2 Single Family Residence District and the CITY shall grant certain deviations from the City of Yorkville Subdivision Ordinance necessary for the contemplated development of the PROPERTY; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, the OWNER and the CITY have agreed to execute and deliver all petitions, give all notices, and enact all such resolutions and ordinances and provide and record all other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11- 15.1 -1 through 15.1 -5, inclusive, relating to annexation agreements, the parties hereto wish to enter into a binding agreement to govern the annexation, zoning, subdivision and development of the PROPERTY, and the. performance of certain undertakings which are contingent upon said annexation, zoning and subdivision and to provide for various other matters related to the annexation of the PROPERTY in the future, as authorized by the provisions of said statutes; and WHEREAS, the Corporate Authorities, after due and careful review, have concluded that the annexation of the PROPERTY to the CITY and the zoning and development of the PROPERTY on the terms and conditions hereinafter set forth will (i) further the planned growth of the CITY; (ii) increase the tax base of the PROPERTY lying within the City; and (iii) generally benefit the CITY and enhance and promote the general welfare of the CITY; WHEREAS, by a two- thirds (2/3) vote of the Corporate Authorities then holding office, the CITY has duly adopted an ordinance approving the terms and provisions of this Agreement (the "Approval Ordinance ") and authorizing and directing the Mayor to execute and the City Clerk to attest to this Agreement on behalf of the CITY; and WHEREAS, each of the parties is materially changing its respective position in reliance upon the execution of this Agreement by the other parties and the performance by the other parties of their respective undertakings contained herein. NOW, THEREFORE, in consideration of the foregoing preambles and the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, THE PARTIES AGREE AS FOLLOWS: 1. ANNEXATION. The OWNER has filed a duly and properly executed petition pursuant to 65 ILCS 5/7 -1 -8 for annexation of the PROPERTY to the United City of Yorkville. After adoption of the Approval Ordinance and execution of this Agreement, and at the same meeting, the CITY shall adopt, and the Mayor and City Clerk shall sign and attest, an ordinance (the "Annexation Ordinance ") annexing the PROPERTY and all unincorporated contiguous right of way to the City. QBCHI\449028.9 -2- 2. ZONING. Immediately after adoption of the Annexation Ordinance, and at the same meeting and in accordance with the United City of Yorkville Zoning Ordinance, the Corporate Authorities shall adopt, and the Mayor and City Clerk shall sign and attest, an ordinance (the "Zoning Ordinance ") which shall classify the PROPERTY in the R -2 Single Family Residence Zoning District effective immediately upon the recording of the Annexation Ordinance and the plat of annexation. 3. DEVELOPMENT OF THE PROPERTY i j A. Approval of Preliminary Plat of Subdivision and Preliminary Engineering Plans. Immediately after adoption of the Zoning Ordinance, and at the same meeting, the Corporate Authorities shall adopt an ordinance or resolution approving the preliminary subdivision plat and preliminary engineering plans and preliminary landscape plan referenced herein and made a part hereof (the "Preliminary Plans "), subject to addressing all of Engineering Enterprises, Inc.'s comments prepared May 3, 2005 and Schoppe Design Associates' comments prepared May 4, 2005, copies of which are attached as exhibits hereto: 1. Preliminary Plat (3 sheets), prepared by Smith Engineering Consultants, Inc., dated January 24, 2005 and dated as last revised April 21, 2005 (Exhibit "B "); 2. Preliminary Engineering Plan (3 sheets), prepared by Smith Engineering Consultants, Inc., dated January 24, 2005 and dated as last revised April 21, 2005 (Exhibit "C "); 3. Landscape Plan (3 sheets), prepared by Ives /Ryan Group, dated January 24, 2005 and dated as last revised July 5, 2006 (Exhibit "D "). B. General Rights and Obligations. The OWNER shall have the right to develop the PROPERTY in accordance with, and only in accordance with: (i) final plats of subdivision and final engineering plans to be approved by the CITY in accordance with this Agreement and the City Code; (ii) this Agreement; (iii) the Zoning Ordinance; (iv) the Preliminary Plans; and (v) any other document relative to the development of the PROPERTY that is required and approved by the CITY (collectively, the "Approved Documents "). In the event of a conflict between the Approved Documents and the City Code, the Approved Documents shall control. 4. ANNEXATION TO SANITARY DISTRICT. The OWNER agrees to file any necessary petitions and agreements to request annexation and/or sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District ( "YBSD ") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of YBSD. The CITY shall fully cooperate with the OWNER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the YBSD facilities, in order to facilitate the development and use of the PROPERTY. QBCHI\449028.9 -3- 5. FINAL PLAT AND PLANS. The CITY acknowledges receipt of an application for approval of a final plat of subdivision and final engineering plans (collectively, "Final Plan ") for the PROPERTY. The CITY shall adopt within sixty (60) days from the Date of this Agreement an ordinance or resolution, to be executed by the Mayor and attested by the City Clerk, approving the Final Plan so long as the Final Plan substantially conforms to the approved Preliminary Plan. If the CITY determines the Final Plan is not in substantial conformance with the Preliminary Plan, it shall provide written notice to OWNER of all such non - conformities within thirty (30) days from the Date of this Agreement. OWNER shall resubmit a revised Final Plan addressing the non - conformities identified by the CITY and the CITY shall approve the resubmitted Final Plan within thirty (30) days of its receipt. OWNER may develop the PROPERTY in a maximum of three (3) phases provided that any individual phase contains a minimum of twenty -five (25) lots. Public improvements for an individual phase will be constructed in accordance with the portion of the Final Plan applicable to such phase. The first phase of development shall be as depicted on the phasing plan attached as Exhibit "E" and the on -site improvements for such phase shall be constructed in accordance with the approved final engineering applicable to said phase. The required public improvements for the first phase of development shall be completed within four (4) years from the date of approval of the Final Plan. The second phase of development shall commence within two (2) years after completion of the first phase of development. The public improvements to be completed in the second phase of development shall be completed within two (2) years from the date of commencement of the second phase of development. The third phase of development shall commence within two (2) years after completion of the second phase of development. The public improvements to be completed in the third phase of development shall be completed within two (2) years from the date of commencement of the third phase of development. OWNER, at its sole option, may proceed with development of the PROPERTY on a shorter schedule than that set forth above. 6. SANITARY SEWER AND WATER IMPROVEMENTS. A. Owner's Obligation. At its cost, the OWNER shall construct all on -site sanitary sewer collection lines and all other on -site improvements contained in the approved Final Plan for the collection of sanitary sewage generated by the PROPERTY (the "Sewer Improvements ") and all on -site water mains, distribution lines, and other improvements contained in the approved Final Plan for the provision of potable water to the PROPERTY (the "Water Improvements "), in accordance with City Code and in phases as OWNER may choose pursuant to this Agreement. Notwithstanding the foregoing, the CITY has identified the potential need for a well and water treatment facility to be located on the PROPERTY. Should the CITY determine that such a well and water treatment facility is required, the project shall be considered an off -site improvement to be performed by the CITY and to be financed by the proceeds of Revenue Bonds or Special Tax of the SSA. The location of the well and water treatment facility shall be limited to Lot 221 of the Preliminary Plat of Subdivision. OWNER shall dedicate to CITY and CITY shall accept dedication of Lot 221 prior to commencement of any work on the well and water treatment facility. QBCFM449028.9 4- B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the OWNER shall dedicate to the CITY those portions of the Sewer Improvements and Water Improvements that are required to be dedicated in accordance with the City Code (the "Public Sewer and Water Improvements "). The CITY shall promptly accept the dedication of the Public Sewer and Water Improvements in accordance with the procedures set forth below under the section entitled Procedure for Acceptance of Public Improvements and thereafter shall assume responsibility for all maintenance, repair and replacement thereof, in accordance with City Code. Dedication of the Sewer Improvements and Water Improvements may occur independently or collectively, as determined by OWNER. 7. STORM WATER IMPROVEMENTS A. Owner's Obligation. At its cost, the OWNER shall construct all storm sewers, detentions systems, and compensatory storage facilities contained in the approved Final Plan for storm water drainage from the PROPERTY ( "Storm Water Improvements ") in accordance with the City Code and in phases as OWNER may choose pursuant to this Agreement. B. Dedication. All Storm Water Improvements shall be owned and maintained by the OWNER or a homeowner's association. The OWNER shall dedicate a maintenance easement or easements to the CITY allowing the CITY to maintain the Storm Water Improvements if the OWNER or homeowner's association fails to maintain them C. City Cooperation. The CITY shall cooperate with the OWNER, at no cost to the OWNER for out -of- pocket expenses, and execute all applications, permit requests, and other documents necessary or desirable to obtain storm water approvals from any other governmental agency. The CITY shall not be entitled to compensation for its time and services associated with assistance obtaining storm water approvals. 8. HOMEOWNER ASSOCIATION; DORMANT SPECIAL SERVICE AREA A. The OWNER shall establish a homeowners association ( "Association ") of all lot owners within the PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall be established by a Declaration of Covenants, Conditions, Restrictions and Easements recorded against all of the PROPERTY other than those areas and improvements within the PROPERTY that may be dedicated to and accepted by the CITY. The Association shall have the primary responsibility and duty to carry out and pay for maintenance of any storm water detention and retention facilities, drainage ways in easements, wetlands, open space, subdivision signage, landscaping and pavement areas, any of which are not dedicated to and accepted by the CITY or other governmental agency and are not located within building lots, (collectively, "Common Facilities "), through assessments levied against all dwelling units within the PROPERTY. The Association shall be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including storm water 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 cost of such maintenance and to establish reserve funds for future repairs and replacements. The QBCHI\449028.9 -5- OWNER shall convey to the Association all of the OWNER'S right, title and interest in and to all Common Facilities established on the PROPERTY as and when provided for in the declaration. These shall include all storm water management facilities depicted on the Preliminary Engineering Plan, as constructed pursuant to the subsequently approved final engineering plans. B. The OWNER agrees and shall consent to the CITY, at its sole cost and expense, enacting at the time of final plat approval, or at such other time as the CITY deems necessary, a Dormant Special Service Area to act as a back up in the event that the Association fails to reconstruct, repair and maintain the Common Facilities. A maintenance easement for the benefit of the CITY shall be established over all of the Common Facilities located on the Final Plans. 9. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. Subject to the opt -out provision set forth below, the CITY and OWNER agree to participate with the other owners and /or developers (collectively, "OWNERS ") of the property within the area generally referred to as the "Southwest Infrastructure Development" described in Section 10 below to establish a special service area ( "SSA ") as a primary funding mechanism for installation of on -site and off -site public improvements, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off -site properties), sanitary sewer facilities and other public improvements. OWNER shall have the right to opt -out of participating in the SSA by providing written notice to the CITY of its intention to independently fund OWNER'S pro rata share of the infrastructure improvement costs as set forth on Exhibit "AAA -2 ". Written notice of OWNER'S intent to opt -out of the SSA must be provided in accordance with the Notice provisions of this Agreement and by thirty (30) days prior to (i) January 15, 2007, or (ii) actual issuance of the bond(s), whichever is later. OWNER will pay its pro rata share of the costs no later than the date of the bond issuance in readily available funds. OWNER'S failure to provide notice within the required time period shall be deemed to be its consent to participate in the SSA. The CITY and OWNER shall cooperate in good faith to identify and agree on the maximum amount to be financed and the appropriate structure for the financing, which the CITY and OWNERS currently believe will consist of one or more SSAs pursuant to 35 ILCS 200/27 -5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and OWNERS. However, CITY and OWNERS hereby expressly agree that the form of Special Tax or other Revenue Bond shall be the form of bond which requires a payment at the time of sale of a developed lot, or the time of issuance of a building permit, otherwise known as the "pay down" bond. A draft bond term sheet including the average estimated special tax payments are attached as Exhibit "FFF ". The burden of the assessment is limited to and shall burden only those properties generally referred to as the "Southwest Infrastructure Developments" described in Section 10 of this Agreement and any other properties joining in the SSA. QBCHI\449028.9 -6- 10. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDING GREENBRIAR ROAD EXTENTION (SOUTHWEST INFRASTRUCTURE DEVELOPMENTS) A. Cross Contingencies. OWNER and CITY agree that enforceability of this agreement shall be contingent upon the CITY's approval of annexations for all five (5) developments commonly referred to as the "Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit "AAA ". These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s) payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. Nothing contained herein shall be construed as creating joint liability between the OWNERS for another OWNER'S economic or performance obligations. B. SSA Funding. Upon execution of annexation agreements by the OWNERS for each of the Southwest Infrastructure Developments, CITY and OWNERS agree to establish individual Special Service Areas (SSAs) within each of the developments listed on Exhibit "AAA ". CITY shall then take action to issue Special Revenue Bonds by January 15, 2007 in an amount sufficient to fund the infrastructure extension, otherwise OWNER shall pay the fees set forth on Exhibit "F" necessary to proceed with its individual development. Upon payment of the above fees CITY will issue building permits for construction of on -site improvements and the CITY will permit OWNER to commence and complete those off -site improvements as shown on Exhibit "G". In the event OWNER proceeds with its individual development pursuant to the provisions of this paragraph, the CITY shall obtain all easements, rights -of -way, permits, licenses, consents and approvals necessary to construct the off -site improvements required for OWNER'S individual development in accordance with the CITY'S obligation in "C" below. The formation of the SSAs and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSAs, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA, and that all SSAs will issue one mutual Special Tax Bond for payments of the improvements. 2. The special tax shall be available to fund the repayment of up to $ (this will be the pro rata amount owed by this development) in special tax bonds. 3. The special tax revenue bonds shall be used to construct the infrastructure described on Exhibit "AAA" ( "Southwest Infrastructure "). C. CITY'S Obliization to Obtain Easements and Rights -of -Way. The CITY shall obtain or acquire all necessary rights -of -way, easements, permits, licenses, consents and approvals required for construction of the Southwest Infrastructure. The CITY agrees that in the event it is unable to obtain any easements or rights -of -way necessary for construction of the Southwest Infrastructure, the CITY shall use its power of eminent domain, including quick take powers, to condemn such easements or rights -of -way. QBCHI\449028.9 -7- D. Cost Containment, Overruns. In order to reduce the risk of cost overruns, OWNERS agree that the amount of bonds sold should not be determined until bids have been received by the City for construction of the Southwest Infrastructure. All contracts for work, other than engineering services to be performed by Engineering Enterprises, Inc. ( "EEI ") and Walter E. Deuchler Associates, Inc. ( "WEDA "), performed in conjunction with the construction of the Southwest Infrastructure shall be deemed to be Public Improvement Contracts pursuant to Section 1 -7 -3 of the Yorkville City Code and shall be subject to the competitive, sealed bidding requirements of subsection C.1. -2. of Section 1 -7 -03. Since final engineering must be complete prior to seeking bids, OWNERS agree to front fund within thirty (30) days from the Date of Execution of this Agreement the amount indicated on Exhibit "BBB" for final engineering and to receive reimbursement for said sum from the sale of the Revenue Bonds; provided, OWNER shall receive no reimbursement in the event it exercises its right to opt -out under Section 9. OWNERS shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overruns. CITY will respond in writing to all OWNER comments and provide written documentation and justification of said overruns. All OWNERS shall be responsible for contribution, based upon the same ratios and rationale used in Exhibit "AAA" if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds, up to a collective amount not to exceed one Million Dollars ($1,000,000.00). The CITY further agrees to proceed with the engineering, site selection and acquisition, easement negotiation, design, agency review, bidding and contracting, construction and sampling and testing for completion of the Southwest Infrastructure in accordance with the schedule attached as Exhibit "CCC". Should CITY fail to timely complete any stage of development as set forth in Exhibit "CCC ", OWNERS shall have the right, but not the obligation, to take over the project or any portion thereof and complete such project. E. Proceeds Of Bonds To Be Used To Extend Green Briar Drive. OWNERS agree that traffic ultimately originating from this development, as well as all "Southwest Infrastructure Developments" will give rise to a need for the Green Briar Drive extension to Pavilion Road. One of the first uses or the Special Tax Bonds shall be the acquisition of right -of -way for the Green Briar Drive Extension. The CITY deems the construction of Green Briar Drive as a high priority and agrees to proceed with construction at its sole cost and expense as soon as funding is available. In addition, OWNERS agree to use their best efforts to route all construction vehicles in excess of eight (8) tons along state Route 71 to Pavillion or High Point Road and then to the development, and not allow such construction vehicles to travel along Fox Road from Rt 47 to the development. Each OWNER'S obligation as to routing of construction traffic shall be only as to those construction vehicles under the direct supervision or control of said OWNER or as have been hired by said OWNER. F. Pavilion Road Improvements. i. In conjunction with the Southwest Infrastructure Developments, Pavilion Road is to be reconfigured and widened and its intersection with Foxfield Drive is to be improved as more fully depicted on Exhibit "H ". The improvements depicted in Exhibit "H" are a project to be conducted by the CITY and financed with proceeds from the Revenue Bonds or Special Tax of the SSA. OWNER shall have no obligation with respect to said improvements other than its monetary obligation set forth on Exhibit "AAA -4 ". QBCHI\449028.9 -8- ii. The CITY hereby covenants that use of the existing right -of -way for Pavilion Road shall be limited to open space, trails, future roadway and similar purposes but that no buildings, maintenance facilities or other similar structures shall be constructed or permitted within said existing right -of -way. The CITY further agrees that it will restore any portion of Pavilion Road no longer used as a road to a natural state (e.g., graded and seeded for grass) at the time the improvements depicted on Exhibit "H" are constructed. G. Recovery of Infrastructure Improvement Costs. The CITY is requiring OWNER to pay additional fees to fund the cost of certain municipal improvements that provide regional and citywide benefits. The CITY shall enter into an agreement with OWNER providing for the recovery ( "Rebate Agreement ") by OWNER of the additional cost of such municipal improvements. The CITY shall provide for such recovery to OWNER from the Water Connection and Sanitary Sewer Connection Fees ( "Rebate Fees ") (or any other fee the CITY adopts to replace or supplement the Rebate Fees) it collects in conjunction with the development of any property depicted in Exhibit "DDD ", excluding the Southwest Infrastructure Developments. The Rebate Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "EEE ". In addition, the CITY recognizes that DEVELOPER is being required to construct a sixteen inch (16 ") sanitary sewer main through its property even though an eight inch (8 ") sanitary sewer main is all that is necessary to serve the property, in order to provide sanitary sewer service to the "Chally Farm" and "Yorkwood Estates" developments as depicted on Exhibit "I ". The CITY shall require Chally Farm and Yorkwood Estates to tap on to the sanitary sewer main being constructed by DEVELOPER but only upon confirmation by DEVELOPER that it has received reimbursement from the OWNER of all or any portion of the Chally Farm/Yorkwood Estates properties prior to tap -on. The CITY shall notify DEVELOPER upon receipt of a request for the Chally Farm and/or Yorkwood Estates properties to tap on to said sanitary sewer main and DEVELOPER shall confirm if it has received repayment from the owner of Chally Farm/Yorkwood Estates for the difference in cost of a 16" and 8" sanitary sewer main. 11. SECURITY INSTRUMENTS. As required by City Code, the OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ( "Security Instruments ") on the standard forms of the City, to guarantee completion and maintenance of the Land Improvements (as defined in the Yorkville Subdivision Control Ordinance) to be constructed as a part of an individual phase of development of the PROPERTY. The OWNER may use either irrevocable letters of credit or surety bonds for its Security Instruments, as permitted by State law. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY at the time of execution of this Agreement, except as modified in this Agreement. OWNER shall submit the Security Instruments for on -site improvements for an individual phase of development no later than thirty (30) days after the pre - construction meeting with CITY representatives and City Engineer as required by the Yorkville City Code. OWNER may submit to the CITY a request for reduction of the Security Instruments not more than once every 30 days. The City Council, upon recommendation by the City Engineer, shall approve a reduction or reductions in the Security Instruments by an amount not in excess of ninety percent (90 %) of the value of the completed work certified by the City Engineer, so long as the balance remaining in the Security Instruments is ten percent (10 %) of the estimated total cost of the Land QBCfM449028.9 -9- Improvements. If a request for reduction of the Security Instruments is denied, the CITY shall provide OWNER with a single written notice of all reasons for denial within fourteen (14) days of receipt of a particular request for reduction. CITY shall approve the reduction in the Security Instruments upon OWNER'S compliance with the items listed in the CITY'S letter of denial. 12. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS. The public Land Improvements constructed as a part of the development of the PROPERTY shall be accepted by the CITY pursuant to the provisions of the Subdivision Control Ordinance, except as modified by this Agreement. The City shall exercise good faith and due diligence in accepting public Land Improvements following the OWNER'S completion thereof in compliance with the requirements of said ordinance; and the City Engineer shall make a recommendation not later than thirty (30) days from the date of the OWNER'S request for approval of 4ny Land Improvements. OWNER shall be entitled to submit to the CITY for acceptance of Land Improvements in phases upon the completion of a particular system or improvement (i.e., water distribution system, sanitary sewer system, streets, sidewalks, and street lighting, mass grading, landscaping) within any individual phase of development. Upon acceptance of a particular improvement by the CITY, and dedication of said improvement to the CITY, the portion of the Security Instrument for such improvement shall be reduced to zero and OWNER shall provide a Maintenance Bond (as defined in the Yorkville Subdivision Control Ordinance) in an amount equal to 10% of the particular Land Improvement. The term of the Maintenance Bond shall be for a period of one (1) year. 13. OVERSIZING. A. In the event the OWNER proceeds with its individual development pursuant to the provisions of Section "10.B." and is required as a condition of final plat or engineering plan approval to oversize water mains, sanitary sewer mains, storm sewer lines, public roads, traffic signals or other improvements that benefit other properties, the OWNER and CITY shall enter into a written agreement specifically providing that the costs of such oversizing or additional improvements be reimbursed by the CITY, or be the subject of a recapture agreement and recapture ordinance in favor of the OWNER. The CITY agrees to require anyone intending to connect to or use said oversized or additional facilities to pay the CITY prior to or concurrent with annexation, final plat of subdivision or issuance of a building permit. All identified properties benefiting from the oversized or additional facilities will be required to participate in the recapture. In no event will connections be permitted to these facilities prior to meeting the recapture obligation. The CITY then shall promptly reimburse the OWNER within 30 days of collecting any such payment for the OWNER'S costs of oversizing said lines including costs for deepening said lines. In the event the OWNER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance, with the Illinois Compiled Statutes, Local Government Act governing recapture with the requisite public hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. B. OWNER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. QBCHI\449028.9 -10- C. Except as otherwise expressly provided in this Agreement, the CITY represents and warrants that there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from the OWNER or its successors, upon annexation or final plat of the PROPERTY or connection of the 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 PROPERTY. 14. PROJECT SIGNS. A. On -Site SianaRe. For so long as the OWNER is actively marketing the development, the OWNER shall have the right to install on the PROPERTY, subject to its receipt of plan approval from the City Administrator, and, once installed, the right and obligation to maintain: (i) two (2) double -faced advertising signs that are eight feet by sixteen feet (8' x 16') at the following locations: one (1) along Fox Road; one (1) along Pavillion Road; (ii) not more than one sign on each lot measuring no more than 2' x 3% and (iii) informational and directional signs on the PROPERTY. The signage permitted hereunder shall be located with regard to proper sight distance to adjacent roadways as provided for in the City Code. The OWNER shall promptly remove signs marketing the sale of dwelling units within the PROPERTY after it has ceased marketing such dwelling units. Immediately after the Effective Date, the OWNER shall be permitted to make application for and receive plan approvals for the double -faced advertising signs (as specified in (i) above) to be located on the PROPERTY. The OWNER shall have the right to install, subject to its receipt of plan approval from the City Administrator (unless previously approved as part of the Final Plan) ground illuminated entrance monuments both at the Fox Road and Pavillion Road entrances to the PROPERTY. Entrance monuments shall be constructed in substantial conformance with the Preliminary Plans. All entrance monuments, and any associated landscaping, shall be maintained by the Association pursuant to the terms of the declaration of covenants. All entrance monuments shall be sited in a manner that ensures proper sight distance to adjacent roadways in accordance with City Code. No entrance monuments shall be located in public right -of -ways or roadway easements and each monument shall have adequate separation from underground utilities. All other signage installed and maintained within the PROPERTY shall comply with the zoning and subdivision control ordinances of the CITY. The Corporate Authorities, by majority vote and without further public hearing or amendment to this Agreement, may approve modifications to the signage provisions contained in this Section provided the same have been specifically requested by the OWNER. B. Off -Site SiRnaae. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, OWNER 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 OWNER may designate (individually an " Offsite Sign" and collectively the " Offsite Signs ") subject to sign permit review and issuance by the CITY. OWNER shall be responsible, at its expense, for obtaining all necessary QBCHn449028.9 -11- 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. 15. BUILDING AND CONSTRUCTION PERMITS A. Permit Issuance. The CITY shall issue building permits to the OWNER to construct dwelling units and other structures and improvements within fourteen (14) days of receipt of application therefore or within fourteen (14) days of the City's receipt of the last of the documents required to support such application. If the application is denied, the City shall provide the Owner within the above time period with a written statement specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall issue such building permits upon the Owner's compliance with those requirements, provided a final plat has been recorded. B. Architectural Controls. Building permits for construction of dwelling units shall be subject to the CITY's Appearance Code (Title 8, Chapter 15 of the City Code) in the form as adopted by Ordinance No. 2005 -51, a copy of which is attached hereto as Exhibit "J ". C. Completion of Improvements Prior to Occunancv. The CITY agrees to issue certificates of occupancy within seven (7) working days of a request for final inspection and submittal of all required documents or issue a letter of denial within said period of time informing the permit applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the specific section(s) of the Code and/or this Agreement relied on by the CITY. Street trees, parkway seeding, driveways, and final surface course of streets or other similar items which cannot be installed or completed because seasonal weather does not permit same need not be completed prior to issuance of an occupancy permit for any such dwelling unit. The OWNER shall comply with the CITY's site inspection policy for certificates of occupancy. At all times during construction the OWNER shall be responsible for removal of construction debris and waste related to the PROPERTY. 16. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS, CONTRACTOR TRAILERS. A. During the development and build out period of the PROPERTY (subsequent to final plat approval), the OWNER, and such other persons or entities as the OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with the OWNER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the OWNER. B. 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. QBCM449028.9 -12- I I C. 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 shall be issued by the CITY upon proper application thereof prior to the installation of Land Improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol - Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). 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. D. The OWNER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of the PROPERTY prior to final plat approval, provided any such temporary trailers shall be removed within one (1) week following issuance of the last occupancy permit for the PROPERTY. A building permit will be required by the CITY for any temporary trailer that will be utilized as office space. Prior to construction of the temporary sales trailers the OWNER shall submit an exhibit of the sales trailer sites with landscaping and elevations for the CITY'S approval. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers shall be located in the public right -of -way. E. The OWNER hereby agrees 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. 17. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, the OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of the OWNER's obligation for the PROPERTY in accordance with this Agreement and the Preliminary Plans, and subsequently approved final engineering plans and specifications, the CITY shall fully cooperate with the OWNER 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 OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plans and in this Agreement, the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the OWNER 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 QBCHI\449028.9 -13- OWNER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the OWNER'S request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY project to be funded by the OWNER. The CITY shall receive no compensation for the services it agrees to provide in this Section. 18. FEES, CHARGES AND CONTRIBUTIONS. During the first five (5) years following the date of this Agreement, 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 "F ". 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 changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 19. SCHOOL AND PARK LAND / CASH CONTRIBUTIONS. A. School Land / Cash Contributions. The amount of $4,781.00 per dwelling unit shall be paid at the time of building permit application in satisfaction of the requirements for school cash contributions under the School Land / Cash Ordinance in effect as of the Effective Date. B. Park Land / Cash Contributions. The final plat of subdivision shall dedicate to the CITY a 20 -foot wide area for a recreational path ( "Path ") and an approximately 1.88 acre community park ( "Park ") in the areas noted and indicated on the Preliminary Plans. The OWNER shall construct the Path in accordance with approved final engineering plans and specifications within two (2) years of the pre - construction conference for the first phase of development required by the Yorkville City Code. As a condition of recording the final plat, the OWNER shall pay to the CITY cash as required by and in accordance with the Park Land/Cash Ordinance in effect as of the Effective Date. In calculating the amount due thereunder the CITY agrees that OWNER shall be entitled to full credit for 100% of the total acreage of the dedicated Park and improved Path and shall pay the City $392,800.00 for the balance of OWNER'S contribution requirements under said Ordinance. The CITY shall commence park improvements within one (1) year of appropriate access (curb and gravel) being available to the dedicated park site for construction. CITY shall be responsible for all improvements to the park property (Lot 224 of the Preliminary Plat of Subdivision) upon dedication of the PROPERTY to CITY, excluding OWNER'S grading obligation. 20. AMENDMENTS TO ORDINANCES. The specific modifications and deviations from the CITY's ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the PROPERTY ( "Permitted Modifications "). OWNERS and DEVELOPER shall be granted approval by the CITY to utilize a four to one (4/1) side slope ratio with a five foot (5') buffer requirement in the retention areas and to QBCHR449028.9 -14- I have retention ponds with an area of less than two (2) acres as depicted in Exhibit "K". The CITY further approves all other variances, exceptions, deviations or departures necessary for the Approved Plans to conform with all CITY ordinances governing the subject development. 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 PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of OWNERS during said five (5) year period. The CITY shall give the OWNERS 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 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 this Agreement, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the 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 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 PROPERTY pursuant to the express and specific mandate of any State of Illinois or federal governmental authority, such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however, that any so called "grandfather" provision contained in such governmental mandate which would serve to exempt or delay implementation against the 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 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 anything to the contrary contained herein notwithstanding, the OWNERS may proceed with development or construction upon the PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 21. 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 building permit application will govern any and all construction activity within the PROPERTY. QBCHI\449028.9 -15- 22. REMEDIES. Without limiting any of the remedies otherwise available at law or in equity to OWNER or CITY as a result of the breach of this Agreement, the Parties agree as follows: A. This Agreement shall be enforceable in any court of competent jurisdiction in the State of Illinois by the Parties and their successors and assigns. Enforcement may be sought by an appropriate action at law or in equity to secure performance of the covenants, agreements, conditions and obligations contained herein, including specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. i B. No action taken by any Party pursuant to the provisions of this or any other section of this Agreement shall constitute an election of remedies, and all remedies set forth in this Agreement, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. C. Unless otherwise expressly provided herein, in the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty (30) days after written notice of said breach to correct the same prior to the non - breaching Parry's seeking of any remedy provided for herein. If such breach cannot be corrected within thirty (30) days, the non - breaching Party shall not seek to exercise any remedy provided for herein as long as the defaulting Party has initiated the cure of said breach and is diligently prosecuting the cure of said breach. D. In the event the performance of any covenant to be performed hereunder by any Parry is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, license, or and any similar cause), the time for such performance shall be extended by the amount of time of such delay. E. 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 any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 23. PARTIAL INVALIDITY OF AGREEMENT. A. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes. If any provision of this Agreement (except those provisions relating to the requested annexation and rezoning of the PROPERTY and approval of Preliminary Plans identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. In addition, the CITY and QBCFM449028.9 -16- OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. B. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding annexation, plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such annexation, plans and zoning ordinances effectuating the annexation, zoning, variations and plat approvals proposed herein. 24. NOTICES All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Attn: City Administrator copy to: City Attorney: John J. Wyeth, Esq. 800 Game Farm Road Yorkville, IL 60560 OWNER: Aspen Ridge Estates LLC 19250 Everett Lane Suite 101 Mokena, Illinois 60448 Attn: Paul Dresden copy to: Robert Gamrath, Esq. Quarles & Brady LLP 500 West Madison Street Suite 3700 Chicago, Illinois 60661 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. 25. GENERAL PROVISIONS. A. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms QBCHI\449028.9 -17- and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. B. Amendment. 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 in force from time to time. The CITY and the then owner of record of any portion of the PROPERTY, even if not the OWNER named herein, may agree (only in writing) to amend or modify this Agreement as to such portion(s) of the PROPERTY without the consent of the owner(s) of other portion(s) of the PROPERTY, so long as such amendment or modification does not alter the rights, obligations or remedies provided in this Agreement for any owner or any other portion of the PROPERTY which is owned by such owner of record. C. No Third Partv Beneficiaries. No provision of this Agreement is intended to benefit, nor shall any provision of this Agreement benefit, any party, individual or entity other than a party to this Agreement or its respective successor or assign. D. Effective Date. The date on which this Agreement becomes effective (the "Effective Date ") shall be the date on which it has been approved and executed by all parties hereto. E. Term of Agreement. This Agreement shall be effective from its Effective Date for twenty (20) years (the "Term "); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this Agreement, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this Agreement. In the event construction is commenced with respect to said construction until it is complete 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 the OWNER. F. Representations as to Further Action. The CITY and the OWNER hereby agree to take all reasonably necessary actions as may be required to carry out the terms of this Agreement and to do so in a timely fashion. The OWNER shall operate as required to effectuate these actions, and the CITY shall use its best efforts to take such actions in a timely manner. Failure of either party to take such actions shall be considered an event of default under this Agreement. 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. G. Captions and Paraparaph 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. H. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER'S expense. I. 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. QBCFM449028.9 -18- J. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. K. 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. L. 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 PROPERTY, the CITY, or the OWNER, including, but not limited to, county, state or federal regulatory bodies. 26. SUCCESSORS AND ASSIGNS. A. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successor(s) in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is specifically agreed that the OWNER shall have the right to sell, transfer, lease, and assign all or any part of the PROPERTY to other persons, firms, partnerships, corporations, or other entities for building or development purposes (as well as for occupancy) and that such persons, firms, partnerships, corporations, or other entities shall be entitled to the same rights and have the same obligations as the OWNER has under this Agreement. B. It is understood and agreed that this Agreement constitutes a covenant running with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. C. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. D. The foregoing to the contrary notwithstanding, the obligations and duties of the OWNER 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 purchaser's residential occupation, unless otherwise expressly agreed in writing by such purchaser. E. E. Upon any sale, transfer or assignment of the PROPERTY, the OWNER shall no longer have any rights or obligations hereunder other than those rights that vested prior to such sale, transfer or obligation. F. In the event of a sale, transfer or assignment, the CITY shall have no duty to return any portion of any security posted in connection with the portion of the PROPERTY so transferred until substitute security acceptable to CITY is received. QBCfM449028.9 -19- 27. USE OF PROPERTY FOR FARMING /ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying residential zoning district classification. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [EXECUTED ON FOLLOWING PAGE] I QBCHI\449028.9 -20- IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY: OWNER: THE UNITED CITY OF YORKVILLE ASPEN RIDGE ESTATES LLC By: By:� Mayor Its: Atte . ity et Date of Execution: 2006 Date of Execution: 746Le U & r O , 2006 QBCM449028.9 -21- STATE OF ILLINOIS ) COUNTY OF KENDALL) On this V1 day of AUO 661 2006, before me, the undersigned Notary Public, personally appeared AP--Wu P - F. AleWHA6VA,�a d JACQUELYnl M►15C'HEW known to me to be the Mayor and Clerk of the City of Yorkville, an Illinois municipal corporation, and executed and acknowledged the Agreement to be the free and voluntary act of the City of Yorkville, for the uses and purposes therein mentioned, and on oath stated that they are authorized to respectively execute and witness this Agreement and in fact executed and witnessed this Agreement on behalf of the City of Yorkville. t oo- OFFICIAL SEAL NOTARY PUBLIC LISA PICKERING NOTARY PUBLIC STATE OF ILLINOIS My Commission Expires: �� /3 og MY COMMISSION EXPIRES:12N3106 STATE OF ILLINOIS ) COUNTY OF �) On this day of k tC U, i 2006, before me, the undersigned Notary Public, personally appeared Paul Dresden known to me to be a Member of Aspen Ridge Estates LLC, an Illinois limited liability company, and executed and acknowledged the Agreement to be the free and voluntary act of the company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute this Agreement and in fact executed and witnessed this Agreement on behalf of the company. Vo LIC OFFICIAL SEAL G LISA PICKERING My Commission Expires: X0 « O 6 NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:12113108 QBCFM449028.9 -22- EXHIBITS A. Legal Description B. Preliminary Plat of Subdivision C. Preliminary Engineering Plans D. Landscape Plans E. Phasing Plan F. Fee Schedule G. Individual Development Off -Site Improvements H. Pavilion Road Improvements I. On Site Sanitary Sewer Benefited Properties J. Appearance Code K. Detention Pond Modifications AAA. Overall Infrastructure Funding Summary and Funding Distribution (AAA -1 - AAA -5) BBB. Front Funding Distribution Summary CCC. Schedule for Completion of the Southwest Infrastructure DDD. Benefited Properties EEE. Rebate Agreement FFF. Draft Special Tax Bond Term Sheet I I I QBCHI\449028.9 -23- EXHIBIT A PART OF THE EAST HALF OF SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE WEST HALF OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF " PAVILLION HEIGHTS, UNIT FOUR, KENDALL COUNTY, ILLINOIS ", BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 6 AND PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14TH, 1987, AS INSTRUMENT NO. 872853;THENCE SOUTH 80 DEGREES 29 MINUTES 42 SECONDS WEST (BEARINGS BASED ON GEODETIC NORTH - GPS OBSERVATIONS) ALONG THE NORTH LINE EXTENDED OF SAID " PAVILLION HEIGHTS UNIT FOUR" ALSO BEING THE NORTH LINE OF A PARCEL DESCRIBED BY DOCUMENT #94- 01410, A DISTANCE OF 576.28 FEET; THENCE SOUTH 80 DEGREES 32 MINUTES 33 SECONDS WEST ALONG THE NORTH LINE OF A PARCEL DESCRIBED BY DOCUMENT #98- 08584, A DISTANCE OF 1345.72 FEET TO A STONE MONUMENT; THENCE NORTH 08 DEGREES 08 MINUTES 10 SECONDS WEST ALONG THE WEST LINE OF THE PROPERTY DESCRIBED BY DOCUMENT #20020004259, A DISTANCE OF 1822.96 FEET TO A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 463.93 ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 36720 FEET, THE CHORD OF SAID CURVE BEARS NORTH 64 DEGREES 36 MINUTES 24 SECONDS, 463.94 FEET; THENCE NORTH 64 DEGREES 16 MINUTES 01 SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 796.97 FEET; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 305.79 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 36045 FEET, THE CHORD OF SAID CURVE BEARS NORTH 63 DEGREES 59 MINUTES 31 SECONDS EAST, 305.79 FEET; THENCE NORTH 63 DEGREES 45 MINUTES 58 SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 709.33 FEET; THENCE SOUTH 63 DEGREES 28 MINUTES 11 SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD PER QUIT CLAIM DEED RECORDED AUGUST 22, 2002 AS DOCUMENT 20020019272, A DISTANCE OF 69.83 FEET, TO A POINT ALONG THE WEST RIGHT OF WAY LINE OF PAVILLION ROAD; THENCE NORTH 05 DEGREES 01 MINUTES 01 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE OF PAVILLION ROAD PER QUIT CLAIM DEED RECORDED AUGUST 22, 2002 AS DOCUMENT 20020019272, A DISTANCE OF 59.64 FEET; THENCE NORTH 63 DEGREES 45 MINUTES 58 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE OF FOX ROAD, A DISTANCE OF 26.82 FEET TO A POINT ALONG THE CENTERLINE OF PAVILLION ROAD; THENCE SOUTH 05 DEGREES 01 MINUTES 01 SECONDS EAST ALONG SAID CENTERLINE OF PAVILLION ROAD, A DISTANCE OF 202.91 FEET; THENCE SOUTH 22 DEGREES 16 MINUTES 52 SECONDS EAST ALONG SAID CENTERLINE OF PAVILLION ROAD, A DISTANCE OF 2346.22 FEET; THENCE SOUTH 80 DEGREES 29 MINUTES 42 SECONDS WEST ALONG THE NORTH LINE OF SAID " PAVILLION HEIGHTS UNIT FOUR ", A DISTANCE OF 895.26 FEET TO THE POINT OF BEGINNING, IN FOX AND KENDALL 'TOWNSHIPS, KENDALL COUNTY, ILLINOIS CONTAINING 125.83 ACRES MORE OR LESS. � i l SY 6 3 W a � � +� � g I a� '� b � � p z ! 1 4 r �" ! a �. y i $95b�a8� <$ _ qq p S L at b g a i e a $ y �� t 9 � _Ir, 1gXS3yy yy"o p A 3a,tya` 'l.A•� T _� n 'TS'i^� n `E s4YSSii a!� Y •� b _ < b 3 h° � $ [[9 ai 1 �a1e � a d a ��S3 � S � y � cctt T *i 1 � 1 J ! f��`:s�• , t� - ib o '3� ig s � a 9 $ as Hai fl i ^� a • v-x � �a��$� z �� t �a ll � i � � � � a t � 4 � t �� { t �� ', t�� . Ju j Z J $ #a L ..F -5j; 5 l Z s- abg p iLt Z ►► ** L R Z d' O .� LC O r g R w Z © _ I. , .] It. d c b- b b x Eg b � b s - j -� A16 Q a �. , f t ! I t n f ° I ! ' t 1 tr 1�1 k , C c ! c i I I4 O z 'Q O r t Izi wj F' 1W S 0�`j e g ;cif i` fiF� a � Z ®_ r l � aa��//�� P U Z •� Z '4'i �+ W W a.. :� O ttic b ;7cE <215¢ _ •3E fiiH F 6�Fili�E 8 ] A 7� iyl tt i7 7 #t 5i i` fitFlil77 A m °� L ",- �' d U y ® a r o - - - - -_ llUU IlIlIl flflfl 7 7C • - 11 — f� - -.' TP! ' Q. Z Io0 te' � =asa�:lo. ^ea - I r s i sa a ;Z I9.s'aaaaa_^ ;�' 1 Ina ai. 4 s _ g?xaasaaxam's� a m r x i GCY�sia,A i :yiy, ®e a ;'a�aala :osacl;`r ;psaaYSasa =se 7..1 J Z ' ? OB 0.+ 'araa+ah��ae:�:�:r_v , 'agaaaYa35Y-,� t:asa= V/ 7 '� � W. ____�.�- ^_ �_ (L.________aTJ¢�£'��,9 �Y SAS ii Q L 0 'O 1 0. �� 4. �^ saa - 3° :er ;mss -.esE�aa:eYCaatss 10 0 !— !L O tt 9.2 3 ?9g;;S 3E . -,�aa; a Ic¢Q¢gIIlelg 9 Yattka2 t'a9S >a Ca, ^B'gi9 96 ¢a se ;.etF'3 Z Z a,Y �.e ;aa.�safass:sst: l ayaass - �- = °_.�= a�3rg'asza_�i�_53; 3 — ,� � � r � 'I� 1= �- -_ -_ II - -i - - I h I I • a s �'� 9 :c^ Q ;ega aea ea ea 8�_ SRa. t7 as L7i�ea a�a atl att S�Htl.a ca sa as tltl; I _LCL CL CC LU C -L :a ® Z � f : _ I = 'sg° -I E : l a- �_ �asasasaa iis;: ��.-::: aY$ oaw:; �saat: s; �'; aaaaapay .� ;se,wa :�- Z ak. l .I -�. _�:._= c: -z_es ��aa .I. �I �'�t�t � ^� = alQi�.sa�r sa�Ti�4sseY$S ?Fa. } ' Z � + � Q� b � �3��; a� =9 s i�� 4 =�u�s 5�e�5 3u �� WI - ..�_•v , cry - . f _.. cr . S �; m ".<+ � 9•a "cam =,. ?g,a__< ;'_�:�att W31 iI :ts* SUN �avetic s� a�. y ��. � a �W3��3� xY as " •�a.: ° ; ° °a— a�e�:cg3wa• a "asS, � �. x�wa_"'�' I, an Y- �a L I $ � � , �•_ � I � I I ' I l 3 xs ug ;rz n�I ce�sce -,fie . '� _ zerosR:z'e- tixalx� nn == $° gE 3 T 3, -a , i _ A ��a v `r� �1 Y - a c i'^5'� �a 1' 3 c3c3'�? ��33� 'e3��e? 9 9` � 3ea %�'- 'aga �I»' a — 11 1 _ 5 u � - - -'' 1 ASPEN RIDGE �9u1� , IN PRELIMINARY PLAT OF SUBDIVISION YORKVILLE, ILLINOIS p' FOX AND KENDALL TOWNSHIPS, KENDALL COUNTY —` SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST AND SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST w� EXISTING ZONING - (KENDALL COUNTY, A -1) + PROPOSED ZONING + (CITY OF YORKVILLE, R$) GRAPHIC SCAIF £ 84 EXHIBIT B II iAr l by Nb'+� / 1 I t / � ;� � w v' / ^ pQ � � .9J M1,1. p•,yr .\r \ �/ � 1 � Yw 1 1 ru e s5y%+1 Y 1 1 / 7 I;;1�r A �•',{I� �':` ^�''�_ `°i°L'rJ 4 \ lop - ,ry \ \ I"';r° %'p 0 -1 ,4'r 11 Et I.w „x, as vm 1 I S yaMd �' �K.y 7a q - I E ras s is L r. M ` 4 fie , j' V _ gyp, 4,. 1 (.'a"n rnN \ I`�, - �� _ J _ �r7J'L -� Cr, -' - l. A Ik.� � �'� 1111 �, �. - p F I �.,;�r_rn•ap, � (� r ••jNpr p__ � _ - r .. fta i ax. &�a'Yr,eiisaeoQ „owlaw, .,ru. ' � f N 1° °° a �asNiirK + w7a ° +rLn4:rPiarw Iry St um.Gr ��,.' �. "'°' - �.r � n'k� � w pj ':.� d P� ' 1P� , l / f! ` .4� '7Y1f d` \ ^�• brnQ YAh° _.>va..T[W Pn srr •f N ' -- 7 M.. LL a lMapyYNllMUw + lxa.au9lxwlr _ rr n ,r �„,. Nra „wm argNrnwmmri catuww _ ad 1 -„ 1 1 , s+ul� �4',�6at rWr Oo w }11 7 � - o �.::� 'i:i :}r / �� +• MIM wu I4r S r I .JJJ L mow' 17: •^{�� J +r nrar -_J.LL : .1a �' 1 °r \ \ u„M'� �Slamtr .ormu l ��'�' . _ 91r y � 'KV•�_'I - _- ; ,y;l�+ � � ,�- *1 fie? n.M � . ,\ \ iU ' r ' A LAl Alll /LL W M 8N14 14.Nr po ItlOT pi•J51 �,�., _ p y! i !!- � "{ '� I ' , - \ C I rvriYr.�1pR uy{ra�r�Yro��or , a r r � lCI Il rxo SASWASYM r mar � .a'n a � � � rc N nxu. I. , N10a,vr,r.uiim •!K'Y /+� X - '� : ix ,0 1 6 „ , yyry7fx 8 'W„ - luxa� N[ �(+O�� { Yli 1i �__• ' 1 Y'+ ^e o1n 66h r i Np11� A2 r r ya' ✓;an vn"Rr •.il e°0i ir�.r Py \ — 1 rva,xr� I r liut � 1 /�{kv` ;L.___. -- • n• rr m+ ' .. � - - is AowJ f t w l Ir'wy'wir • '� , 'L r ASA9J POW 5PA1>65 .� - ILn1 x - ulw nn rq nn1L Pfl N� T x4 j N d wrt �iG{L .7 Of 1 S,UITH ENG V! Y�'HINC CONBUIlIANTB, INC. i • ASPEN RIDGE PRELIMINARY PLAT OF SUBDIVISION OlJrtlrl M•RmIM11t IemIM rmr I Im - moles YORKVIL.L9, ILLINOIS W o wr°a °m wr• r F OX AND KENDALL T OWNSHIPS, KENDALL COUNTY ' .JJI SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST AND 3EOTION 6, T OWNSHIP 36 NORTH, RANGE EAST EXISTING ZONING (KENDALL COUNTY, A -1) ' PROPOSED ZONING (CITY OF Y ORKVILLE, R•3) G"I' EXHIBIT B op rn A g o o .s :: \ - _L- I f. ;, &.i 2� Ok HIC sc= Imrml 1 u.o -u.n 1 D d e i R b Y 9 � l 1 ` al, � ... - • � � fy ifs � ~« y m 'Pur � ��+ '� 1_a `°� � 11 1� I0 Kv ` -`y L - 1* g '. ' i' ��aV�a �" �i' t \°''�•a �! rr rmr"'S: A ' tl oar ISM L +,• ' 4 �Nr Ism - ..z _ 4 . AIM }_ Q} - muo mr I- }y a _yu-' - i r 1bL1 1 L �• \\ -� r ,� -ter & r�� -1 - � A ST.0 Y a ems+ III ,eA� •via' � �y rii�6'� _11� -' _`w,a5dr �� y C,,, -; -"111�� ° nil'° 'tea, wp• ' '�Iy � r � � - nfrilih r � � N �� - *` i3 1�'�- ' u y 1 !dam \ Sib mn„ wnaswAra '�" F, . �� S �"n '1 drr •rv�ive rw y sp,� \�4 •14;R = , ,` *12 �. ttlnaor_fM ea7919.'r_IKru. 1 �� a � _- ..."'� en,rov a 'u. sry N '2 •�" A '�\ r � t' 'a' p u: da0 o�mnri• Uxm�ewwa»m u SCx r . �, � , .a ,� J 9 e , rr _ y _ = , rrANV awrawrm n•r nr ramnrmr ''4.a \\ a` °i � �° 'J l �� ,yi,� ` -;��- S ', - ,r•we - �•aePe,.nw d y��.. � .>< rw � �' Y�l {S° 7'�S', � 1Hp - `f _ - 4 i \ :14 w •�91R - Y.'3 f+ w rs•u4 'I �a � r7�1 M{ '�+ �'� , I '� \ 1.:;, it __• IL l!� II$ iT�. i � ' '�.. �i � 95 I •n��'°;I � uw i _ `' � ;w `° p„ - �'�- �q i,��' �3•. 0. tai _ g rY my =e rMtY n r.rr ,w, ro,a s+Ala ME m rare ao roor rsavr, ru ratrr�v - � anantm Mrm ar i 1 wnvn e,aamf r.x nrr, wm renrer.wejm nr.v«A.w I a rev err nor rrn u„u.. :en m r.,r u!eev_ wrr . rawaA ewu.rrmr eQ ', �fw bra rar��NV iu..v lwe�x •ru ur � � i, lr rwr. � I m e•u: FRELPAAK r rur ajua .i ASS EiSrATES P,T° bd Irr, I anvms �oR om orir ®u �ioe ^r n a wr ei� ir� I 1 I �7C w,a scar+ nnzf r% __ _ _ ° xteYlY rr v aK xry I ax wNr I 2 of .3 rAr 1 NfA EXHIBIT C J S1,1171I IVYlwitl ERGIN F. IN G�C. INC. rn PRELIMINARY ENGINEERING PLANS PREPARED .I YtM 4n coq L nYN IL: r IYA -Ywla ASPEN RIDGE ESTATES YORKVILLE, ILLINOIS FOX AND KENDALL "TOWNSHIPS, KENDALL COUNTY SECTION 1, TOWNSHIP 36 N ORTH, RANGE 6 EAST AND SECTION 6, 'rOWNSHIP 36 NORTH, RANGE 7 EAST EXISTING ZONING (KENDALL COUNTY, A -1) PR OPOSED ZONING (CITY OF YORKVILLE, R -2) PLANS PREPARED FOR: ASPEN RIDGE ESTATES, L.L.C. 19250 EVERETT LANE, SUITE 101 M ©KENA, IL 60448 PROJECT CONTACT: MR. MARVIN DELAHR PHO (708) 479.1306 FAX: (708) 4796537 ,y ! .Arm MdP AREA ,9re — WWOAWSr 3",InunAr ANnrt.r +lll It 8., ndvrr Nr (hn n:.:rlllYne +l I:orrlw ur t • rrn �' • 1m kouJ Ynd fnrN"" r""' a a 1I wlN I ', R nrt r , Rl,r, IYT /i 11CYARWr UF,um !!lily I /nn fJtnlNlY J: • `� � ' 1 a' + e � � w .�..aw J U°,ir5 MYmm�rnl of dm uallllNrAl rnncr ar AiulWa)d Recd , iy �, +d Inn mOrnnd rrnssblq nfrfll o! rnr r:nnJ1. LllnnumMl 7, n 117M IuU tlJl 1il 7 � �:r 6 - f: �Ip...f u,, u5G5 r,wno clwnprd d7b'4v cur'�cre1N 1, #•, I' fY nN rslzn•r � ` p, , - . 'a .p ill w ". �� A7ufA rlGIO ?d D SNkrH -EMCW -cam CONTA N,. r _ M•I i; re IIH L IIINININ r.l., 0111101 UANAWR Ct - LAM) J1I VCLDPIACl77 ry Y �r u .. r , g4i l- 4rr, ., .�iu'� r • n �".7',1'•s� (wo) IAJ me RA IID IV .rrdlil r7 n.r. rrAli,lfl:r 40e11,16PA AJifl O/fnCrr Ll., PRCXCI incuirfR �� f (630) 5 CAI LJULIO1- H[JO -f99Y Qfirts J ClIAlu L. WK Y.L.S:, SLIMW .ylAl, SuN'ILYWf •, alv/ rJUtaxr: (IiJUf 95J -79dv � � 141Y1r �rjNl .� r A' I I _ _ __ __ AIIM1 IIi1I.HN r: r afuru• JIB_ , _. ruu I r dl_ IyYJTESr E p a.n INa+ Pr J 1 ! MS ffq'Dl r1 it m"30 Td 0 . M!'L[0 WN•W !Nt f.Nmq/a rF fANfd ' M IJMkU GrY p I[Nn HLLi 1 fK D/r GW L of SrgN AINf Y'Vit(M KKA MP .AWA t la 1l NIAN N +W.l' I. 111 r YNIrlAaurl III rJN.}Wrr A,alwu l +N LI�Y�� -- 1� r l I + —.11 , Ml l.•IPVr NlAI Al110 LNO: %1f ryN I+R IvRV,ftY�S:'n +lL .t AlW NLO I0 r. SlrILlrryf 9f /'L NL IYA grru YJKi lnlr rlLylnYll la NGAY411I N' !. Y/e N111 W /JI fl i(S +lIYG tYy.YW1111.8w,,, L�{F� lJiirlLJ FOfYr[1H•I a Wlr. Nrvl IUIN-0 !f! nWrN+IF WN Iak:J WL LP.'AIlU r KI !wM'NJYJNP! w++! Yt MN GCY Cf Y4.NAYL ly"J AVft Ifuli: 1:'hl.n:Y ✓tWYCniI INIAF(: ec +l HYAfIPI n kll rnwNavify .WAII I;T d,wo Ar v. ,vl , ANIANr JI.Y'+u / +.il rhlrC r.� rr ah'17MI rSA'dt SIM. b If + 1, W6 RCCINIG ICIr15KNC alJ raa/k ILIL USLN ;ih5(:tS M rtSI,Ar1t0 1Jr11 %l-1' Itn lr�i U W AJN! 2 141.40. tv✓n4 Sitar u,ul INUf y IJ! Ik JI11flY ANWNIN I., •. MI !NNW 11.74 .N' III Nlun -1. a i rYLll 15.1'f 34.00 bnW I,kl u + wA rArror rcrt nr uwsNr NfDIrCl. S Yn4a'YIW'fl l +f N rJa44'✓AM1 NN WYr W',1' /I AANl rw vrNU. • r N��Nr +Ir Glall .1 -1 .l 1, 1. "1 rNUtzlu ar lNN ,Nr„nllh' =r,� r 14` W, ltral`= Ml.:L ,•n�•••trA' nr Y Vllr lwfN11 IY I ul VIII YN I: t rALll K'Y a aat/ IN 1r ,!/N' OT M1 0L MCI.&- 10 1lY pre, PANT I. !l wo - MxNhur f kl Nr0 l EnSlr.4' L /'A nl N ILI .'WI Y.rNINI.`D vw'n lu , 14tl1 r.rti RILL lA Ia11 WW u,t HuM.xU fdC IIINWI Si :Wm SNIrµ � fAi'J,ANNY W! Vnlrcrua unrrr bar .•ir Y4tG+ J 7 F 7MAWA!?Y NOT' PM =N5FRUC77014 'EG nd) RAM 11PR1I 71, 7l1N'I ._ rn rsflr lnwnrN slam aa.su = - —t— . � ^- iLYIr/aa't N{Mr A +W Yea SP�i:laer lrK ..Ira ra.Y IY'aVMNr 1lrrlilyd rNJUwlom r+ry p`7D u n'AY AJK Aryr WYI MW --+- II,IMt Inn lul IYa MIJVxM IN - K.tran alY,rar r yr ''t"s — '— rfr'1.:s1 SMERr CFGS., SECIXW - LOCAL RQtW' � ST* G, •lwo"'J e caa `ea g4Wl / YY l.% I � I �• .L� I � SiifiM i'AIZi MAYA::1rp/l Nrh 1 I .aa I .r I - Army k A,n S7A ARa4 7 7 AS} rr VL4 RfYV.S y U v 1 -+ ' (9 nl.s'I}L'r;:. .. ItI L� V^ "• - r. M„NM CwrzN.a•.+ Q sv„ro ourn.n c.0 rrr, l) !� + ;� a,.:yNC vu Naa ..� LL - 1 C' �� I!fN0 AW Chr JIM+iW MYG y u'.��a't +i.�,�' "•�w+r .., + rn+ 'U N ' r•u r+s:. -a asn ay. + PAl: Y +a Pa vaV Iae _ Nit N,iN N, .Vp1uY (rC cl' R.%11 nl OAAv a -rl r.c 14Y ()C,.: �kw.wvHla t.la Q - I++AN/7 ww x.uner V +A rM lYu , e• i rYPlfilL 9rrCVT OWONS MCMW OWAIAM 1a l AD rrY.•.Y rer - fr•Y.•r NIfYnY1 w -- ___ _ - -__ _ -_ •Y ,� I..� Cat K+T fOMNl� YV.W IaTµY lVWnn_____- _ -_____ i i,� _ Ir fir.• {rf N,ryp 1-�r I INI +InfaY rill IMTNr+1- L-- --". -[ F.Yr rwn �%ivnN.-nrNi wY.u,-l-laswm ft+�.dLlTSdt2Y 6�CsY�E'tG1SVY' I I l*7 _ ail bbbl7 WI W ai -� � 1 per -ararw .a�muN ra. I FLAN '" U> p • °' N ` ' ,.` +c "cwa'f v L «Hpa.rm ogw, r AW'iW hDGE PSTAMS (b kt - : N 7 "r' e ,y r,•_ .Ir.... a..�+ac ..r= r.u� I� a w.Y YQtiM2LE &f Aas ur ra.+r+..nrrY -• .I �,� .w.•rN• �% alrc riw 4] a n�ii n:Sl: ' '^• rNA . , . r .vra, +.rt�.a•• N NIrIwY A t ! urrJ dT. Intl pAlu PMLCi ML .... „�, ,• Srr /rA NRYNNtCA' Il rte. 0a1 tl� IM1IJ IA[�Y.'paL AIm NS— a.:...rt Y-.r . rr. IJwY Avn: rANrr/xY. M.+x C, iriur.r.nrmv�arar racul fryI0. M NIVIfAW a•,.tl� NI Tm �,.. °3' a IV. . ua:i i' Aga•Ia,svwna, W' � 0"1 INq K1T • " r I or .3 SMITII WIN. IEpIIg' Ny G CGMANTS. INC. GRAPHIC =ALC arllMr�[u �[u Nn an5'nnp 1 W 1121) p� raFOa /MW WiIYJI 11111W IYW / Ia1.W IM I w•F Iry n r�pi'r'.�L S„M-r r• vv 1 r � KY iNY.geW w,nJ, vl mr NN as .,uq,l I� , I xy rW (n�u m wr rr ✓w AiwN IaNmtru J.x .. ' 1 � ��' a )w 11 rau ,/Fay wr � -._,�- x' / �.✓ Tr �/ M1 Nia..M r»,,r,rwnJ ,_ „_•-•`r f � pY /� � � 1�1� /� f. �� s it • ,., rvIF.•nv / :F I:•'" ` .. ».,. "', �' MFi � \�,i, .-�Yf -�/ e/!' r^ 1 , - ._. \ q ,�' •• � l - � I.Ir �r InP`J vlw.y.'�, ♦ 1� ��/'J ,.� r te, Lwr I � \ .� .d - ' r O 1 - I.1,•,, I,�IU..1 - '` �S.i �ri�. ...� INr 1 i - � /!i l' - 114 -- ,.'x•1 / /'� J �1 1 r r .- - -- v ' 0.t w 1__J•U.r -- - I � ,r `�/\ / /Inr,/ �. y ri 1 1:• ' � ' \ 111 ( f ( ;��'� i � - 1�4 - �tii :%��C . � �1 wfu 1 -' ,, �� .Frrar �' ,arr -- ' � "'�'��'�� - � r / • ' ~� ` i 19 ' 1 _ - ;n. - rlil�l� II V n 1 � - uxrr - 1 K _..`�- �� 'tl INIr' "/ I:I lay -- 1 1 m,r. 1 V 1 , e I 1 � 1 _.l y ..,r '•1__. ,�-.- 1°'J�{ li _ 1.. ___�_� 5{ 1 ` _ ____•• . J`__ -`BFI- l \ 1 _I �rwu i+i°r:.V� _ ..- - i ; �wr ` ,• I :a•w JI : � - .wrw � � w. \ . �.�r;�1•_ :'�>�M -> .' 11 1 •' i mr 5 `' ----� 5 ..:. ' r � -,. a��Yn �� - 1 1 _ , �iy, 11 _ _� , 1- _ - fi x _ ` ^ mlr �l 1 ;�! a \ \ � .' ^ r; \ 1 rmr. usM III ` :Y'."wl ° J�.°� "- _ _s -' ;�1 =- �- 'ASwrn• \C\ 'c�r� 1, 15,~/ f � I I .5 ila• -° 1, 1 � [-F 1 ay�••,. -_'" ....; wr �� ._ are � •'''� �. , /"` W �- 'r `- __ - -' 'q,�• r ' aiJ�re.}ra M � � \ � ��\� "' y n\ ; � ; - w � ,� ✓,r+r �mw� Iwrr '�, ,i a^3S7n5.J� 7 �•',' � `�� \lan / 1\ .�C! /a / //\' ,� .1�e. �_�9`_'7�� = �r's7mn � .... w I MJl /w. .r,I i ` 1ab I / -- ,, / -,.' ♦ 5 _ 'k' � _ _I JWrsryJJ.� I � . ' / 1. 1 1 . \'.• • \ wls '..' , ?i ' h- � _ 1. -•1 1 - � • wll - �•...� ...�^ �\ \ ' �� 1 n -� ; • Ian 1 1 5 '.i�`. 4 ... -- r1'y i5 \_' - •• __.• -r V ` - 11'Y \.G .� , WII �\�- \ / , erN `` 1� `� 1� _'r- ..'Wn. -' 11 III •.. J .. � un. w(TJ ' _ 11 \ rWlr o- {l. '.-- 1 r'J' OL I i ___.- -- I ...\ I I M1u i v,�v'J�J � \ w4 !� � -.�� - - '_-l�)s�r�I.M -1'•I 1r �5�r.�W� yb� -•��I ✓' ' ""vWJ y 1 !dA Kt4' � 1 .F �i_fW 1,i /NQ'. �';�� -- - - � �'' 't 1 . xlrp l h.,• ;,'1;` � �� .d J I "1'� ±R -4 -a-`- - 64M! r l l Wa ! •} f J - nw'=01 �/ tpr,ryb m lF'w,.�1. xpM � A4li,f.,t - - , .i' ' _ !lxA7r5r1 Len w Nv.nrnwra.l ,. m.•J, w ,w.., In n f.Mrryru' > 4 .q __ _ _ 11w.fAlrJw.Libiu�w r..Nr URfIY A`1�Tf5 y ^�''94v'i�y rel.r .OIWMO I)F:nk'ASfA WlY'rAl'1 SL'NL IJ roxm_ro Ar [Na•.2[,+«,7 Gl)ADI\G KLAN ` 1 LJrletiHa::s r, Ixca l i iw as ' I• (I rM l ij p r" +u,+ Irnn o h ASIEN POW ESTAWS IxMwo ew,Anr sW YC.deV 4L FK)/S 4> ,rJr y w:,111NL III . 0 w a,A, �I rtirw .r�l �I u wJ nnKl�lr lhi -1 r,. .VAV[AAY KY - VtP flMl FT NIt "Aw: 1q IMOAC1_ II II.____5.11,a [dJl�ir.aM 4r[ 7i -a u,/ 3m rJ -]! -0! NY9- JrgRJN �F — �i,Er I PS rn HI, *91 sc" Ui J 5111TH h mc- an 1PHIC ?GALS EXHIBI I U KUMAN MMMIml1L DCM9 IBY A M-Ml- f I 5_ 1 2 U �:r' y. 1 (i / .w n.nn.... •,.......n,re. 07 µ' v ` l , f lale lar,g , u IMW �� \�,�1 I / WI VI lalp ' r 1�1 � • `I` y. I �\ ' I �'� �_ I i � ': -- _ �i � �� . -. /_ 1 `- ' w � :1 ' eroYn .eras:. a. rwu _ ,''O w ^I�r�Y. �,`•1 ''m _, _ .�-=�. - �1. .s.• � �� ,H 1± 1�rw nw,'. °rr �,. .. _. ,am��'"`0'f Q, �)il .__ _ -_ Wan 7 r' �i - 'laa , + . � \ +�'. '�,\ `\ Ir- 7 VS ,4 r. �_: _: `!'� -. �M . :. ;\ , ta r l� - 4_1 _ GPADAR; PLAN AS�.N MW MrAMS hi t^kurw_l - U l m - � _K&M hP OlwI l V 1n J (T.3 i P.11 N/A i-e i Clam bw/RY= 4or S Or NOTE: 5°c 5hcat --2 'or Plan: _•m:. OePJ�1f>ti m00m � °iao 22= b dear n toa as c OIt. Pork one aMdil A -I 5'J GGUNTY :,. - \� NOTE 5 - Fwt L 7a:alls. °ord TrcaT _ be co^s >,ctco to :hc Jt.'c Pork �cgeoop'nont %C NOT ondo ZONING ' ""'' �� " // I ' Plar.; _ a:, 5itledaro 9R °er x:aild eM 's—, Nr s also. Inmtolla:cn o ana°s, Pnal d' ^. -O! 2%-95 � � ' � eno °smol'mnlao :w= ease. All site v°mers n._. A -1 GGUNTY e r :mp'O NOTE: All °^ OS aeadGO n th YJCtMe� c ° a-rle �A>' ump so. m.r.ae+r. oc prc�ee w ne Forka Coao -: +ant, . - -�, `, \ j ✓ _ S% shod ce ce+erae wly ST S:r cp -. ' •� �' .J :� �y� " � araalo -. co -ol p,pera. mr. r � � m.a.l. e<m NO �: E.nc c Plus c_ 5EO Eno NO-E See 5„°e: 75-1 eo - rae 5. ^.etl ''c' 1- .,V A'nlna :a' aI -Are]: ..'.UOr S SpaGiFlGa:ions �� ^ac°rd'ra °x 5:lrp ' /eae�R:l°r O^ :nlp �i.e- N0 A -1 5 - GOWT' - No x°e. roe s�o!' ao claw _ -r Y.' from v -= Soe Ence. Plers r, 5E Enc Fc' ee'.ails -..e ��' w / -I'. - :r moo.-; �1 -1 " � - , • Stroo: !Ian:, �ArentL "'ronV'ole9 C e�FCe S•Andra 660<61 -J� 1 Y ��- aer-.e. Et--. REVISIONS FOR T2c S.RVS" / ] - Qe - oveve.._ ee +rH vs i \ r 6 -SEED 53 !' 6--sc N— rc 1 4 {r' 65: MnL. 0°NY.d ARE, w.¢ah � a.� Yy/ ��~� / _ � - � �• 1 , \�F 5./Lt. @Ya¢rPW¢. Pon s,c® l _ -- - _ II, �'•``: O°9J SPACE AREAS A END Pr^v'rX 1 c AT S w, -s B r;7A' R ASPEN RIDGE Ywd . , �Alwtrcc- aYS-.s ESTATES \ _ Aw� •�' '- \ - �\` •�k ACA53_'nEVP¢n WE YORKALE, IWNOIS 4�J 91<C A SHALL I•PM0n 5EL Y.l•( OPEN SPATE TR°P5 E B 51- E PRAIRIE A I PAVIL.L JN SHALL °.. MAIN - AID, \ ') m \ .[ M - 5 '-. ST A, � A PLAN T0 BE v ALI `=ti -O °E PJT INw PL!: E FOR OLA_tT' RROL - .i 7,/i t � _ - - _ - -- \ • • � \`� �''�� . , .. Pm0°0iJ 31<E PATM A 00UN7Y A PAGE FV- RfALL BETr@.T/ PRAIRIE \ r l /JO PAW`nON lam- , �iMINTNIED 1 �� IN IT¢v gIW�.T STATE YdT}I -IENf (/ 'YYY � - . w V ! � .,` PJ,N M � RJf..P!'PLAOE POA dIPLIIT COKRiOL T / I - �, V- E• '_L— ` � \ - y 1 P¢OPC°kD 9A2 PA`H W � OPEN DRAM AREA rRronoaRE 1V �� y .:. { ./ JaT q' - _,J' �` �. •�.�•\ 4`1' PAM SMALL SE 542T PRAIRIE FOR OR, 501LS �,`l ! IIti - -° r' - ti,n� I� _ •,'" •` �I ^'1` r I ± \�'•` `� ,' • ` ` t ` OPEN SPACE AREAS PRAIRIE ASPEN RIDGE , T T \', •'� ES A ES I - , / L.L.C. EK15TIN5 "REr3. SEE 5NEET TE-: P.0 BOX 1356 FOR TREE'SRVEr:T'PJ FRANKFORT. ILLINOIS - - ^, \`� ` ` 1m �• 60423 l f= I ves/Ry o n o " •� ' ^ I n A -1 COUNTY - - _ ^�' _ . ;� •,� ,� Group, Inc. UUE \ `� f \ ///� - \ \ • \� '� Y y 1001 -A RbN 01 SIrM dim a Fie ($M n� -oeTa f -..�,. L ` , ' __ rm ,I % ' / •--_ \• �'` _� \ V! y I /` "1' Ewm1: Ivaryml0bol.ovn STREET TREE /POND , \ `1 I \ V �-"! <-'(- s z 'P ;, ?.�`. \\ ' •\ �a,t'�.\ TREATMENT \•,,`�J NORTH LANDSCAPE PLAN • \\ t \ , I - \ \°~"\ , , \1XI \1 remmer la.: Mme Iro: ZONING - R3 COUNTY \ i' L505 7227A �.. i SHEET EMSTINS -RMS. SW SHEET TEA FOR TREE 51, -Y rrYP) A -I COUNTY L- aaa>alpe zaae a.. /y.o o.w •.•• —\ . \ / - \J _ - REVISIONS ASPEN RIDGE ESTATES ;,� \ 1 \ _ — 1� . ..s. . \ , I •�� / / ` 1 ' ! / / r� 1 �v YORKVILLE, ILLINOIS e - i ` I j; •; \` � �__ /�Lww _ w ^++ jai j /- i/� i ' - �.� m FOX RD. r UFFER LAND50AF-E PLAN _ �J SCALE, ,- PAVILLION RD. ENTRY LAND5CAPE PLAN 0 ASPEN RIDGE n ..> . ESTATES, L.L.C. ^' • y / w `^ a A,,., w- rer as w..a,....w... r�... r.. e. s oc- P.O. BOX 1356 -�.�, FRANKFORT. ILLINOIS aw •»W..�I 60423 Ives /Ryan Group, Inc. Land Pl..I g Laadxape Architecture /, ''', �• \ w+w.,Vw� TM ,,,,,, �„ e arl_ cei UK Cause Architecture r ^,W.r. ®f• �� ••••w 1001 -A No NN SUM `'/ `, \ I+. a rou rvv�r., n tis+ov� •ae xr. op. ar. w,nw.x rmrfraw rsrwu r.r�a�ams Naps,. IL &0463 - ° /� `, \ ✓p.ro wr, PM1mc (a.]0) ]I] -0]M Fac (aao) ]1]-00]5 �!�/ \� , \, � \ ' r..e nrw. rw, erw on. a. n.wuee�m.. .r w+si esw E -YeL IvwryanOaalorn /� ✓� �/ \ :� \ t,\ e�an ,n.ve.y.eay.y��s r... �� /� -' \\ -_ - _.i` n e r.,. rwr.. r.m. •v. a ve w.. zee a e..a,a, r•..., r. w>y awr a..a •c. mpop N CALL FOX RD. ENTRY & auLLle FOX RD. BUFFER LANDSCAPE PLAN TRe u® !00'DaE _ ..ate .� L504 7227A mTe: " "� SHEET FOX RD. ENTRY FEATURE LAND50APE FLAN LQ 2 � 0 ��' V-20, NOTE: See Sneet L -3 for Dctalis, Pond Treotment MW °f• ° Plant List, Sideyord FMFer Oetolls and Gererol Notcs. NORTH ��— ® 2M i /Uy= C—pJac. MESIC, PRARlm PLOKMS e � MI- =7= =7 REVETONS - 1:22:0 DECIDUOUS TREE EVERGREEN TREE 0 ASPEN RIDGE ESTATES Z= YORKMLLE, ILLINOIS :7j =mVZZ" 777 m 0 BED PLANTING DETAIL 0 SHORT PRAIRIE POR 0RY SOILS v w`ww r uw waq• w v n,r -.o� ..,o., ASPEN RIDGE ESTATES, L.L. P.O. SOX 1356 FRANKFORT, ILLINOIS 60423 Ives/Ryon ,9 Group, Inc. 21 Lan!rPJItn4nl tore g Wnd P W T_ Gdf = Alhft.tl. 1W-A H, IL ll W F. (6W) 717�73 E v PLANT LISTS, DETAILS GENERAL NOTES ; — e m _ jl:,;. 1.,` °,I�zT " „ti O TII 7 L504 7227A SHEET LOT 121 SID =YARD 5Uf=FF-R DETAIL LOT 4 & 5 511;)E"rARC) BUFFER DETAIL 11 - 0 0 *�LE SMITH ENGINEERING CONSULTANTS, INC. ' :'' � crvD✓srnucruw.�wcvamis ,1NND wavcrovs ®% � BJIII01] PRDRtLONAL D�90N POW I IN- O003Y! ai I I I III • I?r r n rrimr pusxcen ' tl N ' --- - - -- - -- ' - i s - / `\\ ` \'� \ /' / •\ -0 POTENTIAL P14A E I SUMMARY 98 SINGLE FAMILY LOTS `' ' % - IIII \'�� \ M p �� I I "° \•��_ 70.34 AC. -TOTAL PHASE 7 ACREACE 73 x FUTUPE 8144 SE _ = � Q i�` i `\ ASPEN RIDGE ES MILY U NITS ON ' • I •• / 'CJ/ ,' \. 217 SINGLE LE FAMILY UNITS I I • (\\ - //� PHASING EXHIBIT �I ' L �� nEVe0u5 DRAB BT: DATE PBQIECT N0. �'I• I • .\ QIEC® BT. MT. SCALE 91EE IA. f I EXHIBIT F Name of Fee Amount Time of Pavment 1 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit, paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 1 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development, at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee $3,523 per acre PAID BY SPECIAL TAX PROCEEDS $650 + $.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit PAID BY SPECIAL TAX PROCEEDS 1 7 Water Meter Cost (not applicable to fee lock) $390 per unit Building Permit 1 8 City Sewer Connection Fee $2,000 per unit PAID BY SPECIAL TAX PROCEEDS 1 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works (Development Impact Fee) $700 per unit Building Permit 11b Police (Development Impact Fee) 1$300 per unit Building Permit Municipal Building Fee is set up as $5,509 per unit if paid at time of permit, or $3,288 per unit if paid in a lump sum for all residential units at the time of see "lime of final plat approval or within 90 days of when all City infrastructure is 11c Municipal Building (Development Impact Fee) payment" available to the development, whichever is later. 11d Library (Development Impact Fee) 1$500 per unit 1Building Permit 11e Parks and Rec (Development Impact Fee) 1$50 per unit 1Building Permit 1 1fi Engineering (Development Impact Fee) 1$100 per unit (Building Permit Bristol Kendall Fire District (Development Impact 11g Fee) $1,000 per unit Building Permit Calculated by ordinance, $80,000 Building Permit or Final Plat, depending on annexation/development 12 Parks Land Cash Fee I per acre agreement and land /cash donations negotiated Calculated by ordinance, $80,000 Building Permit or Final Plat, depending on annexation /development 13 School Land Cash Fee I per acre agreement and land /cash donations negotiated 1 14 Road Contribution Fund 1$541 per unit 1$1,459 (per unit) PAID BY SPECIAL TAX PROCEEDS $875 per unit, escalating each calendar year at a rate determined by 15 County Road Fee ordinance $674 (per unit) PAID BY SPECIAL TAX PROCEEDS 1 16 Weather Warning Siren 1$75 per acre 1 Final Plat actual cost 17 Administration Review Fee Upon receipt of invoices actual cost 18 Engineering Review Fee Upon receipt of invoices I N. 4 , � p �' '1 - :g` - - r , � #�-Ya �'�,d. .. '�'F -�' ,�tt* � - 4� } - • N �� eY` �' �P f pe `p t � ?Y,C i2c 1 : of . n: ,} :. ti ` ,, d • 3 ` R� S. (i: 4 p , ~ �',r� Tx,: � r .,� � 1b�. pgJ � Mf$' -. 97' t i �c dt �i i Y: `i1+ '• — iii -l. .� r' - _ f "'•` -t :�S> l�'1 "��• f 1 f`. k �r-e ,h'1 �.. ' -cam F_. ^`S+• {��- G � � j�+ �n�` k 'iT �.[' 'h } ( � ^ � �'�•+t -� k - �° - -_ r .'� � � 4� i y ti 'i,�4 '' - k��'d 1�q 5.. '�- � . � rai"r' '�.t�s• :51 i . T „•�.�.” - _ -x 5 �� ` 11 ��v ` i - � 4r _r tl F .7..E 'Y S ! i+:�• . - / ,., - r~ Jw"- �f�l a,; to �► w 3 E a .- L + ft .4w; �.; f•c �'� �� _.;,,ti - 'Ri°r,� �-:�1r.'` � fl�� aa'+r w" ` -�° Rr• ( � _ � rw � •o�r � 1 a3 f+ 1 °p� �, ��" �dt�� - 'ra, �` _ ,�� t � Hr� e��,',�k1 , ;S � c.'' ,j� r I � � �� : a � - .� w ' ;', , ` n; ffop .lrr ; f � �f s 't 'S,TGS� l4{ti•� f�r� s ' a «Y� �; A r JYKa c � .' :. i+ !cr• MIR HOME 4N9 - _ - x � ' �� r� � ,i 'r.p � �i."' _. ,7"�„� ' - �� f r _ S : 7{ � - wl• fir. Taw - K . y J ✓ t ` - . (k - I �� . ,•- .in..�.. a_ - � 2 y � b r � �r i f._ 6' ii�€ �� r a � _irlo� 2� - ��... 'i.J'�a►'sF +#. 3y r'- (1' � I+.t s, -'fly ■■ `� - d. !a�� , - e ms`• r r �'- �S a.''•+^+.: ,��. 161 AC ,ilvs�� m•�+n x. -:! 348 DI) �,F F f{ W. V4 �m '�' k - -" 4 1 �; 1� I � �? i' -- Ir •� r♦/li tfl-, i � r'� . a�,. �,��rz u � � s. ?'i^ r `�� G;,:. ! tr WN q :v �r�i .: ,? ��s� -: v� +tfi�y,�to- b. ., Sw.. � -'�' t $F!' ��_,sf'� .., � -'�� r� - .� - a � ;W. ��._ �_r -,�a' - :,�� '. %�� ' qr t ::3 _�: e� - ` Y ' 'kart' 1�,),`s�.. � t =:a �'" ��ir� �� ..?1aj ��1Vw��A:,,ty►e.: „G' rf- ra.� r1:�� + -,7� -7, �� L _ 1 :' �. �` t s. r 1�� f �f . Y� - �sf i^ u1 °.,� -- �'��' � ilk ■ -- 1 r _ WWII- -1 R AW-, Pilo- 14 +. {" i.�: s_ '' t � i ey a .� � T - �� - .ii � �P��. '"v r�� , pp , ISILV ER Fox 103AC , � lo 147 DU 4 , X I ............ . . . . . . . . . ...... SrT 1 0' 60' FEA SCALE FEET m W e ' LuLvMT LWATION 1 91 r qn 2 O v I I m -y 1 1 1 1 ' \ , s 74 '( I N' V_E T F ' T _ LOPtt11dT&1 }006 FNONEFRtNL EN1FRPi0SE5 WC DATE JUN! 700E Engineering Enterprises, Inc. UNITED CITY OF YORKVILLE EVERGREEN FARM PAVILLION ROAD — FOX ROAD Prso,l, rT O. wwa Consulting Engineers IKendoll County, Illinois 1 I I FOX & PAVILLION ROADS (INTERSECTION AND TURN LANE F ND. roososr 52 Wheeler Road YORKVILLE, ILLINOIS GEOMETRY 1 � i t — Sugar Grove, I01nols 60554 630/466 -9350 ? n s^� _ _ x x EXHIBIT 1 - I `lk Y I 6 1� PANWON RD. INTERCEPTOR � ib` FOX LANN I TOR r WGW POWT` RD. INTERCEPTORu� ` r ?, r t� 1 404 i y f EXHIBIT J Exhibit "A" Title 8, Building Regulations New Chapter 15 APPEARANCE CODE I. OBJECTIVES 1. The fostering of a. Sound and harmonious design of new buildings and sites. b. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community, by giving encouragement, guidance and direction. c. Better maintenance of properties through encouragement of preservation, upkeep, protection and care. d. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. 11stablish standards for new construction and development with respect to, but not limited to, buildings, streetscapes and landscapes. 3. Enmurme creative non-monotonous community designs utilizing design professionals. II. APPLICABILITY 1. The provisions of this code shall apply to: a. building permits for new construction applied for after the execution of the Ordinance, and/or b. building pennits for additions to existing commercial or industrial buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s) are equal to 10 /a of the floor area or 200 sq. ft., whichever is more and/or c. The standards in this code shall be pro -rated when being applied to additions to all principal buildings or major reconstruction (i.e., 25% of the facade is removed and/or different type of facade material is used and/or if the size of windows/doors ase being modified by more than. 25%) done to non - residential or attached single family or multi - family buildings I EXHIBIT J APPEARANCE CODE d. Additions and /or major fagade work shall be assessed on a cumulative basis (i.e., if a 10 percent modification is conducted at one time and later another 10 percent modification is made, the cumulative impact is 20% and therefore, a 20% compliance ratio is expected,) 2. The provisions of this code shall not apply to: a. This code shall not auoly to industrial accessory structures. However. all, accessory structures should compliment the main structure b. This code shall not apply to those buildings where siding is being replaced with similar siding materials. c. Provisions of this Code shall not apply to anv PUDs alreadv anoroved . prior to the adoollon of th is Code unless so stipulated in the PUD 3. The provisions of this code shall be deferred until May i, 2009, for lots located within the Pox Industrial Park. III, PROCEDURES 1. The City Building Official, or his/her designee, shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code, prior to the issuance of a building pen-nit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code, shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Fagade Committee, who shall make a recommendation to the City Council: The City Council's decision shall be final, 3. The Far,ade, Committee shall consider the following points prior to providing the City Council with a written recommendation: a. Will the objectives outlines in Section I be met if the requested deviations are granted? b. Is there a particular physical condition of the specific property and/or buildings} involved that would create a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out? c. Will granting the requested deviation from these regulations be detrimental to the public welfsre or injurious to other property or improvements in the neighborhood in which the property is located? 2 i EXHIBIT J APPEARANCE CODE d. Will granting the requested deviation impair an adequate supply of light and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood? IV, DEFINITIONS 1. Across the Street: A lot with a side vard nronerty line. when nroiected across the street, intersects the front oronerty line of the subject lot., 3. Adiacent To: defined as lots sharins a side vard nrooerty line. 4. Contieuous lot: Shares a common mooerty line extended across the street with such lot., 5. Front Facade: the net surface area excluding windows. doors and eara¢es, that faces a street and includes a main entry to the building 6. Maior Architectural Features: Covered porches. Boxed -out Bays/Pro�ections; Decorative Dormers. Juliet Balconies. Metal Roofs, Flo% credit for each] 6. Masonry Products: brick, stone, split face brick or architectural blocks. ?. Premium Siding Material: Masonry Products cultured stone, natural wood siding and, svnthetic stucco, V. CRITERIA FOR APPEARANCE 1. General Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise, ingenuity and creativity, while considering; deviations to the standards and guidelines of this Code, are encouraged Z. Landscape and Site Treatment a. The nrovisions of the City of Yorkville's Landscape Ordinance shall aanlv,. b. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. 3 i EXHIBIT J APPEARANCE CODE, Maximum illumination at the property line shall not exceed 0.1 footeandies and no glare shall spill onto adjacent properties or right -of -ways. c. The provisions of the Ordinance in regards to bulk regulations, standards and off-street parking; relating to trees and shrubs; all other Ordinances, or portions of Ordinances, which directly affect appearance, shall be a part of the criteria of this sub - section. 3. Residential a, Single - family detached and Duplexes (1) Unless stated otherwise within this ordinance, no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building shall be dissimilar in appearance to another residential building across the street from, or adjacent to the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul -de -sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cut -de -sac. (S) For the purpose of this section, "similar in appearance" shall mean a residential building, which is identical to another, in combination with any four or more of the following architectural characteristics: (a) Roof type (gable, hip mansard, gambrel, flat, combination). (b) Height of roof ridge aliove Msbed grade of property. (e) Dimensions (height and length) and shape of the facades facing the front lot line. (d) Locations and sizes of windows, doors (including garage doors) and ornamental work on the fagade facing a front lot line. (e) Type of fagade, materials (i.e,, brick veneer, lapped horizontal siding, half timber, board and batten, shakes, etc.) on the far facing a lot line. (f) Porch Dimension and elevation treatment., (6) A building is considered dissimilar when less than four of the above characteristics exist among subject dwellings. 4 EXHIBIT J APPEARANCE CODE b. Single- family attached and Multiple - family The intent of this Ordinance. specifically Dcrtainina to single-family attached and multi- family buildings, is to create a "sense of community ". This can be achieved through careful site nlannine as well as thouelztful building desien and color selections. (1) The building footprint of single - family attached and multi =family buildings can be the same. However, the facade treatments must vary between buildings that are adjacent to one another. Facade variations may include building materials or colors in any one or more of the following: (a) Sidin (b) Masonry (c) hoof (d) Paint/Stain (e) Doors (2) Sites where requested setbacks and yards are less than the minimum zoning district requirement must provide an interesting rclationshio between buildings. (3) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (4) The height and scale of each building shall be compatible with its site and adjoining buildings. (5) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (6) The architectural character of the building shall be in keeping with the topographical dictates of the site. I (7) Masonry Products shall be incoroorated on the front facade of at least 75% of the total buildings in the aouroved community, and shall incoroorate a minimum of 50% Premium Siding material on the front facade. No less than half (25% of the total} of the minimum "Premium Sidine" requirements must incornorate Masonry Products_ Credit toward the remaining "Premium Siding" reouirement can be earned via the use of Mwor Architectural Features. Each Maior Architectural Feature used will earn a credit of 10% towards the calculation of the minimum Premium Siding Requirement. Examples A building with 30% masonry an the front elevafta will require the use of two "major architecturat features' (10% + 10 %=2o %) to comply with the total 11 50% Premium Siding materisi as the front facade". (8) Pedestrian featureslamenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged. 5 III EXHIBIT J APPEARANCE CODE (9) Common open space and outdoor features are encouraged. 4. Non - Residential A. General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (d) The architectural character of the building shall be in keeping with the topographical dictates of the site. (e) In relating buildings to the site, the provisions of the Zoning Ordinance in regard to bulk regulations, standards, and off - street parking shall be part of this criteria. This shall also apply to sub - section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks and materials. (b) Attractive landscape transition to adjoining properties shall be provided. ! (c) Harmony in texture, lines and masses is required. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. 6 I EXHIBIT J APPEARANCE CODE b. Building Design (1) Commercial, Office and Institutional Uses (a) Guidelines for sites that have existing buildings 1. When addina an addition. distinct color variation to an existing buildina is prohibited. 2. When a site abuts a county, state or federal highway, and when an existing building is modified, the property owrier shall be required, to the greatest extent possible, to meet the standards set forth below for the entire building. 3. If an additional building(s) is placed on the site, the additional building(s) shall, to the greatest extent possible, compliment the architectural style of the principal building. 4. Any additional building(s) placed on the site shall, to the greatest extent possible, compliment the materials and/or colors of the principal building on the site. (b) Guidelines for unbuilt sites (1) Masonry Products or Pre -Cast shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade shall itself incorporate Masonry Products or Pre -Cast concrete on at least 50% of the facade. Any other facade that abuts a street shall incorporate Masonry Products. The use Masonry Products or Pre -Cast concrete is encouraged on the remaining facades. (2) Creative Iayout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus =style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development, to prevent monotony, and to improve the aesthetic quality of the development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlots shall reflect the style, materials, and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in terms of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. 7 EXHIBIT J APPEARANCE CODE (5) Pedestrian scale features /amenities, such as solid - colored awnings, covered walkways, windows, street furniture, bicycle rack facilities and clearly defined entranceways are encouraged. (6) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. (7) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. . (8) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive - through facilities, including drive- through lanes, bypass lanes, and service windows, adjacent to a public right -of -way are not desirable and are discouraged. (10) loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right -of -way. (c) Standards (1) All commercial, office and institutional buildings shall consist of solid and durable farade materials and be compatible with the character and scale of the surrounding area. (2) Masonry Products shall not be painted. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles, but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is required. (4) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure_ Architectural features such as parapet walls and varying rooflines, are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate and shall be maintained year round. (5) When loading bays are placed where they can be viewed faoin a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. 8 I I EXHIBIT J APPEARANCE CODE 5. Industrial Uses h, Guidelines (1) Masonry Products or Pre -Cast concrete shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate Masonry Products or re-C s concre a on at least 50% of the facade. Any other facade that abuts a street shall incorporate Masonry Products or Pre -Cast concrete. The use of Masonry Products or Pre - Cast concrete is encouraged on the remaining facades. Where pre -cast concrete panels or split -face block is utilized, the use of colors, patterns, or other architectural features within these panelstblocks is encouraged. (2) Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one another. (3) The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (4) Loading bays for industrial uses may be placed along the front of the building or the side(s) abutting a public right-of- way when there is an industrial use across from that facade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. When loading bays are placed where they can be. viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. 9 EXHIBIT J APPEARANCE CODE b. Standards (1) Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (2) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30 %) of the length of the facade abutting a public street in an effort to break up the mass of the structure. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (a) Rooftop mechanioals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and /or fencing, as appropriate. 6. Sign? The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. Wall signs shall be part of the architectural concept. Sizr., color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. I �I 10 SUCH ENGINEERING CONSULTANTS, INC. 1 � OL'0.AI.YLIO�L OCpm[ YO �O11'if �/ // / / / / /��///yyy I {WOO nmremeeuL OOWt 1101 / IN -0011W �.�, j % ' A / � LOS. /06YCM.LIM•L�Lwe j X . ',•,'- / \ ` n 1 �` \:�$ o'er � ' l l .l�� I I ' ��`�` 1 ` \ ?\ \ ,g —�• ,�.� \ A AAEA ,x,,11 F / '. � f s••\ n M ,- AREA C0 DeVATION PQW PARK OEVELOPNENT I \,\ STANDARDS AS DESC. Q BW W 1 / t t '• j J ANNEXATION + A vT / t �TMa��1 h,L`\ ASPEN RIDGE ESTATES / / 1 I � �•� ,� I . NOGNR RU®IV�GN � \ \. use aw w Tu.r LOCAMONS) OAT6 PRO= M0. J0 -- �as -x-o[ as -Nnam 1 i 000w - w"-� aeaLxa o4cmm n 1 •MT. 7CYC 7 Of 1 DK N47[ Exhibit AAA -1: Overall Infrastructure Funding Summary 8/31106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Construction Engineeering Total Front Estimate Preliminary Design Construction Subtotal Cost Funding F.1 -Well No. 13 $ 704,000 $ - $ 40,000 $ 62,000 $ 102,000 $ 806,000 $ 40,000 F.2 - Well No. 13 WTP $ 2,893,880 $ - $ 190,000 $ 175,000 $ 365,000 $ 3,258,880 $ 190,000 F.3 - Green Briar Drive Water Main Extension $ 591,375 $ - $ 44,353 $ 44,353 $ 88,706 $ 680,081 $ 44,353 F.4 - 2.0 MG EWST $ 3,564,000 $ - $ 105,000 $ 116,500 $ 221,500 $ 3,785,500 $ 105,000 F.5 - BP /PRV Station (Chally Farm) $ 500,500 $ - $ 40,000 $ 35,000 $ 75,000 $ 575,500 $ 40,000 Additional Consultation, Surveying & Testing $ - $ - $ 70,000 $ - $ 70,000 $ 70,000 $ 70,000 Water Subtotal: $ 8,253,755 $ - $ 489,353 $ 432,853 $ 922,206 $ 9,175,961 $ 489,353 It I i Green Briar Road R.O.W. Acquisition ' $ 672,000 $ 20,000 $ - $ - $ 20,000 $ 692,000 $ 20,000 F.8 - Fox Road Resurfacing $ 504,260 $ - $ 30,000 $ 40,000 $ 70,000 $ 574,260 $ 30,000 Pavillion Road Improvements $ 1,187,549 $ - $ 95,004 $ 95,004 $ 190,008 $ 1,377,557 $ 95,004 Additional Consultation, Surveying & Testing $ - $ 5,000 $ 10,000 $ 47,502 $ 62,502 $ 62,502 $ 15,000 Transportation Subtotal: $ 2,363,809 $ 25,000 $ 135,004 $ 182,506 $ 342,510 $ 2,706,319 $ 160,004 ff . -t• E .YNki.i ini Ili Si! Contract No. 1 & 2 . $ 5,161,080 $ - $ 325,000 $ 341,500 $ 666,500 $ 5,827,580 $ 325,000 Sanitary Sewer Subtotal: $ 5,161,080 $ - $ 325,000 $ 341,500 $ 666,500 $ 5,827,580 $ 325,000 SW Planning Area Stormwater Study $ - $ 33,800 $ - $ - $ 33,800 $ 33,800 $ 33,800 Stormwater Subtotal: $ - $ 33,800 $ - $ - $ 33,800 $ 33,800 $ 33,800 TOTAL (Water, Trans., San., & Storm): $ 15,778,644 $ 58,800 $ 949,357 $ 956,859 $ 1,965,016 $ 17,743,660 $ 1,008,157 G:Tub1ic\Yodwi11M20041Y00402 Fox Road Water System Extension AnalysislEng\SSA Tables) Development Funding Summary (W BP•PRV Recap1)As]Project SC.... ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 2: Funding Distribution Summary 8131/06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL - 'JNF,Rl1.�`T�3UF:TfII Erh�LJnDINGISUMMARYA Total Single Water Impr. Transportation Impr. Sanitary Impr. Stormwater Planning TOTAL ALL Family Dwelling Density Percent of Subtotal Cost Subtotal Cost / Subtotal Cost I Subtotal Cost/ Total Cost I Funding Entity Acreage Units (DU) (DU /Acre) Total DU Cost D.U. Cost D.U. Cost D.U. Cost D.U. Cost D.U. United City of Yorkville -- -- -- -- $ 1,990,881 -- -- - -- - -- -- $ 1,990,881 -- Silver Fox 103 172 1.67 19.7% $ 1,412,381 $ 8,212 S 441,364 $ 2,566 $ 1,084,910 S 6,308 $ 5,691 $ 33 $ 2,944,346 $ 17,118 Evergreen Farm 49 77 1.57 8.8% $ 632,287 S 8,212 $458,488 $ 5,954 $ 496,339 S 6,446 $ 2,715 $ 35 $ 1,589,830 $ 20,647 Aspen Ridge Estates 126 217 1.72 24.3% $ 1,781,900 $ 8,212 $756,945 $ 3,488 $ 1,356,178 $ 6,250 $ 6,982 $ 32 $ 3,902,005 $ 17,982 Chally Farm 154 224 1.45 25.6% $ 1,839,381 $ 8,212 $ 574,799 $ 2,566 $ 1,484,251 $ 6,626 $ 8,533 $ 38 $ 3,906,964 $ 17,442 York Wood Estates 178 185 1.04 21.1% $ 1,519,131 $ 8,212 $ 474.723 $ 2,566 $ 1,405,901 $ 7,599 $ 9,880 $ 53 $ 3,409,635 $ 18,430 Total 610 875 1.43 100.0% $ 9,175,961 -- $ 2,706,319 -- $ 5,827,580 -- S 33,800 -- $ 15,752,779 �1NAXIIiA .l1MiRECAPITVIE/REGOVERYOR- ADDITIONAL -FEES'(NEGATIVENUMBERYSUMMAR. Total Single Water Impr. Transportation Impr. Sanitary Impr. Stormwater Planning TOTAL ALL Family Dwelling Density Percent of Subtotal Cost/ Subtotal Cost/ Subtotal Cost/ Subtotal Cost/ Subtotal Cost/ Funding Entity Acreage Units (DU) (DU /Acre) Total DU Cost D.U. Cost D.U. Cost D.U. Cost D.U. Cost D.U. United City of Yorkville -- -- -- -- $ 1,990,881 - - - $ 1,990,881 Silver Fox 103 172 1.67 19.7% $ 775,981 $ 4,512 $ (18,436) S (107) $ 379,098 $ 2,204 $ $ $ 1,155,079 $ 6,716 Evergreen Farm 49 77 1.57 8.8% $ 347,387 $ 4,512 $ (41,689) $ (541) $ 169,712 $ 2,204 $ $ $ 517,099 S 6,716 Aspen Ridge Estates 126 217 1.72 24.8% $ 979,000 $ 4,512 $ (117,4881 $ (541) $ 478,280 $ 2,204 $ $ $ 1,457,280 $ 6,716 Chally Farm 154 224 1.45 25.6% $ 1,010,581 $ 4,512 $ (24,010) $ (107) $ 493,709 $ 2,204 $ $ $ 1,504,289 $ 6,716 York Wood Estates 178 185 1.04 21.1% $ 834,631 $ 4,512 $ (19,829) $ (107) $ 407,751 $ 2,204 $ $ $ 1,242,382 $ 6,716 Total 610 875 1.43 100.0% $ 5,938,461 -- $ (221,451) -- $ 1,928,550 -- $ $ $ 7,867,011 TOTAL* F. IXEDxINF..RASTRUGTURE'F.UNDING' SUMMARY (INFRASTRUCTURE.FUNDINGt -?MAX MUM - RECAPT.URE/RECOVERY;IIMO.UNT) `ti '�- ''` " '' ` h "'•`' Total Single Water Impr. Transportation Impr. Sanitary Impr. Stormwater Planning TOTAL ALL Family Dwelling Density Percent of Subtotal Cost / Subtotal Cost / Subtotal Cost / Subtotal Cost I Subtotal Cost I Funding Entity Acreage Units (DU) (DU /Acre) Total DU Cost D.U. Cost D.U. Cost D.U. Cost D.U. Cost D.U. United City of Yorkville -- -- - -- $ - -- - -- -- -- -- $ - - Silver Fox 103 172 1.67 19.7% $ 636,400 $ 3,700 $ 459,800 $ 2,673 S 705,812 $ 4,104 $ 5,691 S 33 $ 1,807,702 $ 10,510 Evergreen Farm 49 77 1.57 8.8% $ 284,900 $ 3,700 $ 500,177 $ 6,496 $ 326,627 $ 4,242 $ 2,715 $ 35 $ 1,114,419 $ 14,473 Aspen Ridge Estates 126 217 1.72 24.8% $ 802,900 $ 3,700 $ 874,433 $ 4,030 $ 877,898 $ 4,046 $ 6,982 $ 32 $ 2,562,212 $ 11,807 Chally Farm 154 224 1.45 25.5% $ 828,800 $ 3,700 $ 598,809 $ 2,673 $ 990,542 $ 4,422 $ 8,533 $ 38 $ 2,426,684 $ 10,833 York Wood Estates 178 185 1.04 21.1% $ 684,500 $ 3,700 $ 494,552 $ 2,673 $ 998,151 $ 5,395 S 9,880 S 53 $ 2,187,082 $ 11,822 Total 610 875 1.43 100.0% $ 3,237,500 -- S 2,927,770 -- $ 3,899,030 -- $ 33,800 -- S 7,885,768 - G1PUb14YorWi11e R0011Y00<02 Foa R -d Wab!System Est --von NWyiAEgl,SSA Tsb1-- XD.-1q 1FvAgSummary (WSP-PRV R-pl).aIsID-v.8- Notes: The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjusted accordingly. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 3: Water Works System Improvements Funding Distribution SM1106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL WATER DISTRIBUTION FUNDING SUMMARY Total Single Water Distr. Wate Additional Supply, Total Fees Water Family Density Percent of Funding Connection Fee Treatment & Storage For Water Improvement Funding Entity Acreage Units (DU) (DU /Acre) Total DU At $1,435! DU At $3,7001 DU At 53,077 / DU Improvements Cost per DU United City of Yorkville - - - - - - - $1,980,861 - . Silver Fox 103 172 1.67 19.7% $246.811 $636,400 $529,170 $1,412,381 $8,212 Evergreen Farm 49 77 1.57 8.8% $110,491 $264,900 $236,896 $632,287 $8,212 Aspen Ridge Estates 126 217 1.72 24,8% $311,384 $802,900 $667,616 $1,781,900 $8,212 Chally Farm 154 224 1.45 25.6% $321.429 $828,800 $689.152 $1,839,381 $8,212 York Wood Estates 178 185 1.04 21.1% $265,466 $684,500 $569.166 $1,519,131 $8,212 _ Total /Average 610 875 1.43 100.0% $1,255,581 $3,237,500 $2,691,999 $9,175,961 - rr.VWblidYaA 'IINl(I04W0D402 I . Road Vht.r Sy W m E.W.i. A-1y.i.V:r g1SSAT.N..XD.v.l.p -t F-ft S-,y (vJ 8P-PRV R- p1).xt Fibw, POTENTIAL MAXIMUM RECAPTURE /RECOVERY AMOUNT SUMMARY Less Water Less Maximum Recovery Total Single Recovery Maximum Off -site Water Main Project/ Total Conn. Fee city Recoverable per Family per Recoverable Infrastructure Item Project Cost At 3,700 / DU Contr. Amount (Dev.) D.U. Development Units (DU) D.U. Amount Well No. 13 $806.000 United City of Yorkville - - $1,990,881 Well No. 13 WTP $3,296,880 Silver Fox 172 $4,512 $775,981 2.0 MG EWST $3,815,500 Evergreen Farm 77 $4,512 $347,387 Supply, Tmatmem, &Storage Subtotal: $7,920,380 $3,237,500 $1,990,881 $2,691,999 $3,077 Aspen Ridge Estates 217 $4,512 $979,000 Green Briar Road WM $680.OB1 - $680,081 $777 Chally Farm 224 $4,512 $1,010,581 BP / PRV Station $575,500 - $575,500 $658 York Wood Estates 185 $4,512 $834,631 Distribution subtotal: $1,255,581 - $1,255,581 $1,435 Total /Average 875 $4,512 $5,938,461 Total: $9,175,961 $3,237,500 $1,990,861 $3,947,580 $4,512 - ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 4: Transportation Improvements Funding Distribution =1/06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co.. IL TRANSPORTATION FUNDING SUMMARY Transportation Transportation Total Single Density Percent of Infrastructure Fee Improvement Funding Entity Acreage Family Units (DU) (DU /Acre) Total DU At $2,0001 DU Cost per DU Silver Fox 103 172 1.67 19.7% $344,000 $2,000 Evergreen Farm 49 77 1.57 8.8% $154,000 $2,000 Aspen Ridge Estates 126 217 1.72 24.8% $434,000 $2,000 Chally Farm 154 224 1.45 25.6% $448,000 $2,000 York Wood Estates 178 185 1.04 21.1% $370,000 $2,000 Total /Average 610 875 1.43 100.0% $1,750,000 G:lPub11dYmkvi11a12004\YO0402 Fox Road Water System Extension AnaysUlFrig1SSA Tablest[Development Funding Summary (W BP•PRV Recapt)xlslrransponation POTENTIAL MAXIMUM RECAPTUREIRECOVERY AMOUNT SUMMARY Portion Of Remaining Transpor, Transpor. Fees Total Single Remaining Remaining Transportation Total Impact Fee Impact per Family Dwelling Fees Transpor. Impact Improvement Project Cost At 2,0001 DU Fee D.U. Development Units (DU) per DU Fees Green Briar Road R.O.W. Acq. $702.000 — — — Silver Fox 172 ($107) ($18,436) Fox Road Resurfacing $574,260 — — — Evergreen Farm 77 ($541) ($41,689) Subtotal: $1,276,260 $1,276,260 — $1,459 Aspen Ridge Estates 217 ($541) ($117,488) PavillionlFox Road Improvements: $1,430,059 — — — Chatty Farm 224 ($107) ($24,010) Less County Impact Fee Contribution: ($589,097) — — — York Wood Estates 185 ($107) ($19,829) Pavillion Local Funding Subtotal: $840,962 — — — .Total: 875 — ($221,451) Pavilion Road (30% Regional Share) $252,289 $252,289 — $434 Pavilion Road S70% Adjacent Share) $568,673 — — — Total (Sllver, Chatty, York): $1,099,725 $1,162,000 ($62,275 ($107) Total (Evergreen): $406,648 $154.000 ($41,689) S$541) Total (Aspen): $610,849 $434,000 ($117,488) ($541) Notes: 70% of the Pavillion Road Improvement cost is applied to Aspen Ridge and Evergreen Farms; 30% (assumed regional portion of the improvement) is applied to the remaining subdivisions - It is assumed Evergreen Farm and Aspen Ridge do not recover dollars from their Pavillion Road investment Of the four legs of the Pavillion Road Improvement With reference to the Fox and Pavilion intersection, the cost breakout for the 70% of the total portion that is applied to Evergreen Farms and Aspen Ridge is as follows: North and East -100% Evergreen Farms, West - 100% Aspen Ridge, South - 50% each - The total cost for the regional (Non- County Impact Fee eligible) improvements is less than the total amount of money that will be collected for the $2,000 / D.U. impact fee; The remaining portion of the impact fee will be due at building permit. Since Evergreen Farm and Aspen Ridge are not funding the "Regional Share" of Pavillion Road (they are funding the adjacent share), their transportation impact fee does not count against that portion of the improvement ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 5: Sanitary Conveyance Improvements Funding Distribution 8131106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL SANITARY CONVEYANCE FUNDING SUMMARY YBSD city Additional Total Fees Sanitary Total Single Density Percent of Infrastructure Fee Connection Fee Funding Required For Sanitary Improvement Funding Entity Acreage Family Units (DU) (DU /Acre) Total DU At $3,5231 Acre At $2,000 / Unit At $2,2041 DU Improvements Cost per DU Silver Fox 103 172 1.67 19.7% $361,812 $344.000 $379,098 $1,084,910 $6,306 Evergreen Farm 49 77 1.57 8.8% $172,627 $154.000 $169,712 $496,339 $6,446 Aspen Ridge Estates 126 217 1.72 24.8% $443.898 $434.000 $478,280 $1,356,178 $6,250 Chatty Farm 154 224 1.45 25.6% $542,542 $448,000 $493,709 $1,484,251 $6,626 York Wood Estates 178 185 1.D4 21.1% $628,151 $370,000 $407,751 $1,405,901 $7,599 Total /Average 610 875 1.43 100.0% $2,149,030 $1,750,000 $1,928,550 $5,827,580 - G:1PUb11slYodm1b12D041Y00402 Far Raad Water System EA nslon Analys¢1Eng1SSA TabtaKDevelopment Funding Summary (W BP -PRV Re0ps)�h)Sanitary (W BP-PRV RMpl).kJSanitary 'unding Summary (W BP -PRV Rarap7).sts)SanBary POTENTIAL MAXIMUM RECAPTURE AMOUNT SUMMARY Estimated Less Less Maximum Recovery Total Single Recovery Maximum Sanitary Interceptor Project YBSD Infr. Fee City Conn. Fee Recoverable per Family Dwelling per Recoverable Contract Cost At $3,523 / Acre At $2,0001 DU Amount D.U. Development Units (DU) D.U. Amount Contract Nos. 1 + 2 $5,827,580 $2,149,030 $1,750,000 $1,928,550 $2,204 Silver Fox 172 $2,204 $379,098 Total / Average $5,827,580 $2,149,030 $1,750 -000 $1,928,550 $2,2D4 Evergreen Fann 77 $2,204 $169,712 Aspen Ridge Estates 217 $2.204 $478,280 Chally Farm 224 $2,204 $493,709 York Wood Estates 185 $2,204 $407,751 Total /Average 875 - $1,928,550 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit BBB: Front Funding Distribution Summary n131/06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Single Water. impr. Transeortatlon Impr. Sanitary Impr. Stormwat= r Planning TOTAL ALL Family Dwelling Density Percent of Subtotal Front Fundlnc Subtotal Front Fundinc Subtotal Front Funding Subtotal Front Fundinc Total Front Fundinc Funding Entity Acreage Units (DU) (DUTAcre) Total DU Cost Amount Cost Amount Cost Amount Cost Amount Cost Amount Silver Fox 103 172 1.67 19.7% $ 1,412,381 $ 96,193 $ 441,364 $ 26,094 $ 1,084,910 $ 60,505 $ 5,691 $ 5,691 $ 2,944,346 $ 188,483 Evergreen Farm 49 77 1.57 8.8% $ 632,287 $ 43,063 $458,488 $ 27,107 $ 496,339 $ 27,680 $ 2,715 $ 2,715 $ 1,589,830 S 100,5% Aspen Ridge Estates 126 217 1.72 24.8% $ 1,781,900 $ 121,360 $756,945 $ 44,752 $ 1,356,178 $ 75,633 $ 6,982 $ 6,982 $ 3,902,005 $ 248,727 Chally Farm 154 224 1.45 25.6% $ 1,839,381 $ 125,274 $ 574,799 $ 33,983 $ 1,484,251 $ 82,776 $ 8,533 $ 8,533 $ 3,906,964 $ 250,567 York Wood Estates 178 185 1.04 21.1% $ 1,519,131 $ 103,463 $ 474,723 $ 28,067 $ 1.405,901 $ 78,406 $ 9,880 $ 9,880 $ 3,409,635 $ 219,816 Total 610 875 1.43 100.0% $ 7,185,080 $ 489.353 $ 2,706.319 $ 160,004 $ 5.827,580 $ 325,000 $ 33,800 S 33,800 $ 15.752,779 $ 1.008.157 G:IPubIklYOrk M@00001Y00402 Fm Rma Water SyMm Eatendon Amtysis%EmltSA T.WeAD.ebpmenl F r,*V $-,y(W SP -PRV Rmpl).U)Fmrd F ,dkq Notes: The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjusted accordingly. The Front Funding Amount for each infrastructure component is computed by using the proportional share of the Subtotal Cost multiplied by the total front funding amount required. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL EXHIBIT CCC EXHIBIT PRELIMINARY SCHEDULE 915/06 SW INFRASTRUCTURE IMPROVEMENTS United City of Yorkville, Kendall Co., IL CONTR. 2006 2007 2008 NO. IPROJECT(S) IWORK ITEMS JIJIAISIOINIDIJIFIMIAIMIJIJIAISIOINIDIJIFIMIAIMIJIJ WATERIMPROVEMENTS F.1 Well No. 13 Site Selection /Acquisition A, Design IEPA Plan Review Bidding and Contracting Construction Samolinq and Testin� F.2 Well No. 13 WTP Site Selection /Acquisition Design IEPA Plan Review Bidding and Contracting Construction F.3 Greeen Briar Road Easement Acquisition WM Design IEPA Plan Review Bidding and Contracting Construction FA 2.0 MG Elevated Water Site Selection /Acquisition Storage Tank (EWST) Design IEPA Plan Review Bidding and Contracting Construction F.5 Booster Pump /Pressure Site Selection /Acquisition( Reducing Valve Station Design IEPA Plan Review Bidding and Contracting �� Construction TRANSPORTATION IMPROVEMENTS F.6 Green Briar Road Ext. R.O.W. Acquisition F,7 Fox Road Resurfacing Design Plan Review Now Bidding and Contracting Construction �Q F.8 Pavillion Road R.O.W. Acquisition Improvements Preliminary Engineering Design Plan Review Bidding and Contracting�� Construction SANITARY SEWER IMPROVEMENTS (ENGINEERING BY WALTER E. DEUCHLER ASSOCIATES) 1 Contract 1 Design (revisions) R.R. Permit/Easements Bidding and Contracting Construction 2 Contract 2 Design Easement Acquisition IEPA and Other Permits Bidding and Contracting Construction STORMWATER PLANNING SW P ISto mwater Study (Report Finalization Pr eparation CADocuments and Settings \tmlller\LDcaI Settings \Temporary Internet Files \OLKD \[Infrastructure ScheduleI xls}Annexabon Agreements 9-6 -05 LEGEND Notes Prelim. Eng. /Report Work Design initiation assumes that the site geometry, proposed topography, and utility Site Selection /Acquisition connection information is available. Easement Negotiation Construction initiation assumes all required easements are received, and R.O.W. Design is acquired. Agency Review The schedule assumes power will be available at all of the sites at least one month Bidding and Contracting prior to the WTP being placed on -line. 41 Construction The schedule assumes that the connecting water main, storm and /or sanitary sewers Sampling and Testing will be extended to the site(s) at least one month prior to the WTP and EWST EngGner ®ring being placed on -line. Enterprises. Electric service for the traffic signals needs to be initiated during the design phase. Inc. pox -4 EXHIBIT DDD PR RE ZONE NO.3 Lff"TH 0119TR ZOW !'t! - - •TCL 743 4ROUR15 FLEVATiW: 3#44910 .SUPPLY: T,lsc GPM KENOALL COUNTY t FORCSTPRESERVC wa ow a eia.s c21A ti !` PREGWRJE arable. N0. 4A tN4rTR 99e.!T{AI. XpttE - . �.,�, •_ ht41tTH PGRTi[�tI URA NT F. AND -EL£VA 1 I - BT4RA.4e: 940�40P 4fi,1e.. - e 45p - w •4TRC'+ "D EU£VAI"S: 60-715 1 LEGEND i 1� AIgM R'ECAPTURERECOVERY AREA 1 � PREMR9 ZONE NO. 39 (SWTH G@NTRAL ZONE, - 'S'owm PORTIM MA A L F HAND EI:EYATIGNS 4 • - 4A ow LIND ELrVATN00TS; SW4 Ti u SUPPLY: a PM _ R'R2P'@CEG NEI.I. > .- �, - .. f N¢. iTAA41YiF �i1190M. .�� t� � � � ��. � 'r• �' �.�s ro�gar�liR:nSS WCUL N.7 1 mww II ,. , '1NEI.L Nv AN D PR VA4V.R€ Z4Ne N4.4 "UTN 34(.13) I ,u ♦ _ "'l a nY€ATMerTµi m 4VaREraa.FA .Ir.+F:�+.r:E!+a!4o+ ; e F - •4#@141 - SUPPLY: 1,W OPM T �y _ _ 'nN9 a "mN LESS ER MAIM WA . "W A. ems OUSTINGG WATER AW4 PA4P40ED CAfiE . - t;4lsceRnT 1 _� -�• �GUlSRE J F39SE1Mirs WATER MAIN f NT.FA C�1T]ESAND ELEVATKIN& 1 r'= \� j _.•�. ,. WaS 7ING10 WA TER M °sTQIiA @E GE:1l+:L r _ ! ezasmNa is° waaea.wAln •TCL 904 r -_ __ A. - -_. _ �-.- _ - 1 OWTING i r WATER MAIN .MOUND SLEVATKM! 61..£&3 -'� � � � ........_._. IFINTfaR�. &" tNAFER MAIN FUTTURE l i MAIM �3 y f� liee$u80kSMe eBilN&Aft r N raTVnTAs 1 � 11111 i i emA Room +B ET1'1wPTI464, Imo. uNnEv Clre OF: YOR.KMLE S OUTHWEST PLANNING AREA REGIONAL WATER DAPROMAEM S � CW*oUn9'ET7*, M7) K MD&L CWNTY. UN05 02 *v9W ROW Suger Qraxs', Hilnl�le 6OSS4 6^341466 -101w ,� I R�C�7��C�n1R� AREA EXHIBIT DDD _ y '� 17 r— — . y " KEN DALL CU Ty 1 J ~� t20o 6' 2stltr Ft7t>i 'ST FliESE I VE RECxeFuraFMeoVxr. F R. t i i 1 1 1 I f 1 ' i l � I jl CSf`Y`IF.�J'$.' S1:fS [b'A.CA4 t "�+IRf"K't`., L�F -ti ;:• .° •'Cj `/, j�' th9 FA* ws � OWNTY UNUSLL (S 79J RQtKI fi PLANNING AREA REG VM/Rt A 7URE AMA M�1T5 dL4 '.002 ' 62 *VOW Rsud Sugar aow4 WNm9e SOW 630/466—*s5o FxHks�T EXHIBIT EEE DRAFT - AUGUST 23, 2006 REBATE AGREEMENT THIS REBATE AGREEMENT ( "Agreement "), is made and entered into this day of , 2006 by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ( "CITY ") and ASPEN RIDGE ESTATES, L.L.C. ( "DEVELOPER "). A. The DEVELOPER is the owner and developer of that certain real estate development located within the corporate limits of the CITY and known as Aspen Ridge Estates ( "Subdivision "). B. The 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. The DEVELOPER has agreed to pay the CITY an amount in excess of the CITY'S normal and customary water connection fee in effect at the time of the execution of the Annexation Agreement ( "Excess Water Fee ") and an amount in excess of the CITY'S normal and customary sanitary sewer connection fee in effect at the time of the execution of the Annexation Agreement ( "Excess Sanitary Sewer Fee ") (collectively, the Excess Water Fee and Excess Sanitary Sewer Fee are hereinafter referred to as the "Excess Fees ") to assist the CITY in paying for the construction of certain municipal improvements designed to serve the CITY on a regional basis. D. The current Excess Fees to be paid by the DEVELOPER are based upon a pro rata share per dwelling unit of the estimated cost to construct the regional water works and sanitary conveyance systems and the parties recognize that the Excess fees for which the DEVELOPER is entitled to rebate shall be adjusted to reflect the actual costs of construction for such improvements. The current estimated cost to construct the water work system improvements is $9,175,961.00 and the sanitary conveyance improvements is $5,827,580.00. E. The DEVELOPER and the CITY are desirous of entering into this Agreement whereby, pursuant to its municipal police powers and Section I I -15 -16 of the City Code, the CITY agrees to rebate to the DEVELOPER the amount equal to the difference between the Excess Fees and the normal and customary water connection and sanitary sewer connection fees in effect at the time of the execution of the Annexation Agreement ( "Total Rebate Amount "). 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. RECITALS. The foregoing recitals are incorporated herein as if fully set forth and shall constitute substantive provisions of this Agreement. QBCHI \471303.3 EXHIBIT EEE DRAFT - AUGUST 23, 2006 2. TOTAL REBATE AMOUNT. The CITY pledges and agrees to rebate to the DEVELOPER from the Reimbursement Fees (defined below) the Total Rebate Amount together with interest accrued thereon. The Total Rebate Amount shall be calculated as set forth below. The CITY covenants and agrees that during the term of this Agreement or until such time as the DEVELOPER has been paid the Total Rebate Amount together with accrued interest thereon, the CITY shall not further encumber or pledge the Reimbursement Fees or take any action inconsistent with the terms and interest of this Agreement, and the CITY agrees that the Reimbursement Fees shall not be used for any purpose whatsoever, except to pay the DEVELOPER the Total Rebate Amount together with accrued interest thereon. Interest shall accrue for each calendar year or portion thereof on the Total Rebate Amount at the prime interest rate in effect on January 1 st of each year as published in the Wall Street Journal Midwest Edition, or if such rate is not determined on that date then on the next business day thereafter, from the date of this Agreement until the DEVELOPER has been fully reimbursed the Total Rebate Amount. A. Water Fee Rebate Amount: The CITY agrees to rebate to the DEVELOPER an amount equal to the difference between the Excess Water Fee paid by the DEVELOPER to the CITY based on the actual costs of construction and the normal and customary water connection fee in effect at the time of the execution of the Annexation Agreement ( "Water Fee Rebate Amount "). For example only and in no way as a means of limitation, the Water Fee Rebate Amount based on the estimated costs of construction is calculated as forth below: Excess Water Fee Per Dwelling Unit Based on the Estimated Costs of Construction $8,212.00 Normal and Customary Water Connection Fee Per Dwelling Unit ($3.700.00) Per Dwelling Unit Rebate Amount $4,512.00 Water Fee Rebate Amount ($4,512.00 x 217 dwelling units) _ $979,104.00 B. Sanitary Sewer Fee Rebate Amount: The CITY agrees to rebate to the DEVELOPER an amount equal to the difference between the Excess Sanitary Sewer Fee paid by the DEVELOPER to the CITY based on the actual costs of construction and the normal and customary sanitary sewer connection fee and Yorkville Bristol Sanitary District ( "YBSD ") infrastructure fee _in effect at the time of the execution of the Annexation Agreement(" Sanitary Sewer Fee Rebate Amount "). For example only and in no way as a means of limitation, the Sanitary Sewer Fee Rebate Amount based on the estimated costs of construction is calculated as forth below: Excess Sanitary Sewer Fee Per Dwelling Unit Based on the Estimated Costs of Construction $6,250.00 QBCIM471303.3 2 EXHIBIT EEE DRAFT - AUGUST 23, 2006 Total Excess Sanitary Sewer Fee ($6,250.00 x 217 dwelling units) = $1,356,250.00 Normal and Customary Sanitary Sewer Fee Per Dwelling Unit $2,000.00 Total Sanitary Sewer Fee ($2,000.00 x 217 dwelling units)= ($434,000.00) Normal and Customary YBSD Fee Per Acre $3,523.00 Total YBSD Fee ($3,523.00 x 126 acres) _ ($443,898.00) Sanitary Sewer Fee Rebate Amount [$1,356,250.00 - ($434,000.00 + $443,898.00)] = $478,352.00 C. Calculation of Total Rebate Amount: The Total Rebate Amount shall be the sum of the Water Rebate Amount and the Sanitary Sewer Fee Rebate Amount. 3. PAYMENT OF TOTAL REBATE. The CITY shall reimburse the DEVELOPER the Total Rebate Amount plus all accrued interest by paying to the DEVELOPER, or such other person or entity as the DEVELOPER may direct by written notice to the CITY, any and all fees collected by the CITY after the date of this Agreement related to the following: (i) connection to the CITY'S public water supply system by property located in the Regional Water Improvements Recovery Area as set forth in the attached Exhibit A; and (ii) connection to the CITY's sanitary sewer system by property located in the Regional Sanitary Improvements Recovery Area as set forth in attached Exhibit B (collectively, "Reimbursement Fees "). The CITY shall make such payment of the Reimbursement Fees to the DEVELOPER within thirty (30) days following receipt thereof by the CITY. The CITY shall not reduce or eliminate the Reimbursement Fees and is obligated to maintain the Reimbursement Fees at such level as to ensure reimbursement of the Total Rebate Amount to the DEVELOPER. 4. PAYMENT OF FUTURE CONNECTION FEES. As a condition of receiving Final Plat approval, or issuance of building permits if no platting is necessary, on any parcel of property sought to be improved or platted within either the Regional Water Improvements Recovery Area or Regional Sanitary Improvements Recovery Area, the owner of such real property shall pay to the CITY a sum equal to the entire amount of water and sanitary sewer connections fees due for all approved dwelling units in the respective development. 5. OBLIGATION TO UTILIZE OR TAP -ON TO WATER MAINS AND, SANITARY SEWER SYSTEMS. The CITY shall require the owner of property located in either the Regional Water Improvements Recovery Area or Regional Sanitary Improvements Recovery Area to utilize and tap -on to the water mains and sanitary sewer main systems constructed by the CITY as part of the plat approval or building permit process. If any owner of real property located in either the Regional Water Improvements Recovery Area or Regional Sanitary Improvements Recovery Area fails to utilize or tap -on to the water mains or sanitary sewer systems constructed by the CITY QBCM \471303.3 3 EXHIBIT EEE DRAFT - AUGUST 23, 2006 and avoids payment of the associated connection fees and interest, then the CITY shall be solely responsible for payment of the associated connection fees and interest. 6. CITY'S OBLIGATION. It is understood and agreed that the CITY's obligation to reimburse the DEVELOPER shall be secured solely by the pledge of the Reimbursement Fees and shall be limited to funds collected from the Reimbursement Fees as provided herein. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 7. TERM This Agreement shall remain in full force and effect for a period of thirty (30) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all the duties to be performed hereunder. 8. SUCCESSORS AND ASSIGNS. A. This Agreement shall inure to the benefit of and be binding upon the DEVELOPER and its successor(s) in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is specifically agreed that the DEVELOPER shall have the right to sell, transfer, lease, and assign all or any part of the Subdivision to other persons, firms, partnerships, corporations, or other entities for building or development purposes (as well as for occupancy) and that such persons, firms, partnerships, corporations, or other entities shall be entitled to the same rights and have the same obligations as the DEVELOPER has under this Agreement. B. It is understood and agreed that this Agreement constitutes a covenant running with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the DEVELOPER and the CITY. C. Nothing contained in this Agreement shall be construed to restrict or limit the right of the DEVELOPER to sell or convey all or any portion of the Subdivision, whether improved or unimproved. D. The foregoing to the contrary notwithstanding, the obligations and duties of the 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 purchaser's residential occupation, unless otherwise expressly agreed in writing by such purchaser. E. Upon any sale, transfer or assignment of the PROPERTY, the DEVELOPER shall no longer have any rights or obligations hereunder other than those rights that vested prior to such sale, transfer or obligation. F. In the event of a sale, transfer or assignment, the CITY shall have no duty to return any portion of any security posted in connection with the portion of the Subdivision so transferred until substitute security acceptable to CITY is received. QBCHI \471303.3 4 I EXHIBIT EEE DRAFT - AUGUST23, 2006 9. GENERAL PROVISIONS. A. Entire 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. B. Amendment and Modifications: No amendment or modification to this Agreement shall be effective unless and until it is reduced to writing and approved by all parties to this Agreement in accordance with all applicable statutory and ordinance requirements. C. No Third Partv Beneficiaries: No provision of this Agreement is intended to benefit, nor shall any provision of this Agreement benefit, any parry, individual or entity other than a party to this Agreement or its respective successor or assign. D. Notices All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Attn: City Administrator copy to: City Attorney: John J. Wyeth, Esq. 800 Game Farm Road Yorkville, IL 60560 OWNER: Aspen Ridge Estates LLC 19250 Everett Lane Suite 101 Mokena, Illinois 60448 Attn: Paul Dresden copy to: Robert L. Gamrath, Esq. Quarles & Brady LLP 500 West Madison Street Suite 3700 Chicago, Illinois 60661 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. I I QBCHI\471303.3 5 i EXHIBIT EEE DRAFT- AUGUST23, 2006 E. Cautions and Paragraph Headinrs: 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. F. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. G. Enforceabilitv: 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. H. Severabilitv: The invalidity or unenforceability of any of the provisions hereof shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. I. No Waiver or Relinquishment of Right to Enforce Agreement: Failure of any part to this Agreement 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 rights thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. J. Exhibits: Exhibits A and B attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. K. Pavment of Claims. The CITY shall pay and discharge from sources other than the Reimbursement Fees any lawful claims which, if unpaid, might become a lien or charge upon the Reimbursement Fees payable to the DEVELOPER or its designee hereunder. However, nothing herein contained shall require the CITY to make such payments so long as the CITY shall in good faith contest the validity of such claims. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. [Signature Page Follows On Next Page] I I I QBCFM471303.3 6 I i EXHIBIT EEE DRAFT - AUGUST 23, 2006 CITY: DEVELOPER: THE UNITED CITY OF YORKVILLE ASPEN RIDGE ESTATES LLC By: By: Mayor Its: Attest: City Clerk Date of Execution: Date of Execution: , 2006 2006 I I QBCHI \471303.3 7 EXHIBIT FFF DRAFT UNITED CITY OF YORKVILLE, ILLINOIS KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREAS SERIES 2007 — PAYDOWN BONDS (Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms ISSUER: United City of Yorkville, Illinois (the "City ") BOND TYPE: Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off -site Public Improvements benefiting the Special Service Areas (the "Areas"). Improvements include roadways (including Pavillion Road) sanitary sewer facilities, water facilities, costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS: The City will form five separate special service areas (the "Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated, the special service areas will be: Acreaee* Units Silver Fox 103 172 Evergreen Farms 49 77 Aspen Ridge Estates 126 217 Chally Farm 154 224 York Wood Estates 178 185 *(subject to change) SECURITY: - A first lien on all Special Taxes imposed upon all property within each Special Service Area. - A Reserve Fund equal to 10% of the initial par amount of the Bonds. - the Special Service Areas will not be cross - collateralized USE OF PROCEEDS: The proceeds of the Bonds will be used to 1) purchase and /or construct certain Public Improvements; 2) fund a debt service reserve equal to 10% of par; 3) to pay capitalized interest for up to 25 months; and, 4) pay costs of issuance. COUPON: TBD FINAL MATURITY: March 1, 2017 AMORTIZATION: Amortization will be in years 2014 through 2017. DRAFT EXHIBIT FFF STRUCTURE: Pursuant to a Special Tax Roll, the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively, this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property (i.e., prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly, the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment. " Beginning in 2009, each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment, the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Average Estimated Tax Pavments SPECIAL TAX PAYMENTS: (per unit) Year Amount 2009 $1,196 2010 1,196 2011 1,196 2012 1,196 2013 6,485 2014 6,485 2015 6,485 2016 4,185 includes principal and interest - assumes an average debt of $22,955 /unit - assumes title does not transfer - assumes no prepayment and an average Debt Service Reserve Credit of $2,295 /unit ESTIMATED SOURCES Sources: AND USES OF FUNDS: Bond Proceeds $20,086,000 Original Issue Discount (200,860) City Funds 1,990,880 Interest Earnings 619,480 22,495,500 Uses: Improvements 17,743,660 Debt Service Reserve 2,008,600 Capitalized Interest 2,301,520 Costs of Issuance 441,720 22,495,500 (') In order to allow for prepayment at any time without penalty, the bond purchasers will require a 1% discount on the bonds at the time of issuance. (Z) Interest is earned on the unspent bond proceeds held by the bond trustee. (3) The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See "Debt Service Reserve." ") Interest is capitalized through March 1, 2009. The first tax bill will be June 2009. (5) Costs of issuance are estimates and subject to change. DRAFT EXHIBIT FFF DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10% of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount (see "Payoff') at the time the lien is released (the "Debt Service Reserve Credit "). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF: Based on a $20,086,000 bond issue, the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs ner DU Credit Amount City of Yorkville 1,990,880 Silver Fox 17,118 4,709 21,827 2,183 19,644 Evergreen Farm 20,647 5,680 26,327 2,633 23,694 Aspen Ridge Estates 17,982 4,946 22,928 2,293 20,635 Chally Farm 17,442 4,798 22,240 2,224 20,016 York Wood Estates 18,430 5,070 23,500 2,350 21,150 Difference between "Payoff Amount" and "Fee per DU" equals each unit's per share cost of the Costs of Issuance and the Capitalized Interest. ANNEXATION It is contemplated that each developer will agree in its Annexation AGREEMENT: Agreement to the formation of the special service area on its property and the imposition of the special tax. In order to assure an adequate number of units is included and the resultant special tax is acceptable, all annexations would need to occur simultaneously. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of $1,000 in excess thereof. BOND FORM: Book -entry Only through DTC ANTICIPATED RATING: None TAXATION: Exempt from federal taxes; not subject to AMT; not exempt from State of Illinois income taxes. INTEREST PAYMENT March 1 and September 1, commencing September 1, 2007 DATES: PRINCIPAL PAYMENT March 1, commencing March 1, 2014 DATES: OPTIONAL REDEMPTION: The Bonds are subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date, in par, from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area (the PREPAYMENT: "Establishing Ordinance ") and deposited into the Special Redemption Account of the Bond Fund, at a redemption price of par, together with accrued interest on such Bonds to the date of DRAFT EXHIBIT FFF redemption. The Bonds will be called in order of maturity. When the amount on deposit in the Special Redemption Account equals $1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION: The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. I ABATEMENT: Annually on or before the last Tuesday in December, the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL: Foley & Lardner i UNDERWRITER: William Blair & Company TRUSTEE: Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMINISTRATOR: The City will hire David Taussig & Associates as the special service area administrator (the "Administrator ") to assist the City in the levy, abatement and collection process. I