Ordinance 2006-081 �11116i1111131�`
Filed for 0 .ecord i
STATE OF ILLINOIS ) {S EN DALL :OUNT't z .. LINOTS
PAUL_ IDEF'SON
ss 09-- - - ;006 02 :31 pm a
COUNTY OF KENDALL ) 01;. HNAH1=E 88.00
RHOP Surcharse i.Cl.i�ii
R kEmiet, Ta cV
?I ?! i7f l }p22i 187
� , � Filed for Record in
YENDALL GOUNTYP ILLINOIS
PAUL ANDERSON
07--14- 2007 At 03:18 Pm.
ORDINANCE 88.00
RHSP Surcharge 10.00
ORDINANCE NO. 2006- g
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(Yorkwood Estates)
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record 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
VALERIE BURD V� PAUL JAMES t�
DEAN WOLFER MARTY MUNNS y
ROSE SPEARS JASON LESLIE
MAY)k "P P- 0UP614A
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of 4C u5T , A.D. 2006.
MAYO
Page 2 of 3
i
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this g day of A uG U41 , 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
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
REVISED August 17, 2006
John Wyeth
800 Game Farm Road
Yorkville, Illinois 60560 '
630.553.4350
ANNEXATION AGREEMENT
THE YORK WOOD ESTATES SUBDIVISION,
THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT
AND PLANNED UNIT DEVELOPMENT AGREEMENT ( "Agreement "), is made and entered as
of the day of 1}UC l , 2006, by and between JW & WD DEVELOPMENT, L.L.C., an Illinois
limited liability company ( "Owner ") and ( "Developer "), and the UNITED CITY OF YORKVILLE,
a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois
( "City ") by and through its Mayor and Alderman ( "Corporate Authorities "). OWNER,
DEVELOPER and the City are sometimes hereinafter referred to individually as a "Party" and
collectively as the "Parties ".
RECITALS:
A. OWNER is the OWNER of record of those certain parcels of real estate legally
described on Exhibit "A" attached hereto ( "York Wood Estates ").
B. The Owner desires to annex the Property to the City upon terms and conditions
recited in this agreement.
C. The Owner, after full consideration, recognizes the many advantages and benefits
resulting from the annexation of the Property to the City.
D. The OWNER desires to annex additional property on exhibit A to the City for the
purposes of developing one contiguous planned unit development (PUD) known as the York Wood
Estates Subdivision (approximately 178.3 acres).
E. DEVELOPER desires to proceed with the development thereof for residential use in
accordance with the terms and provisions of this Agreement.
F. The property is not included within the corporate limits of any municipality.
G. DEVELOPER proposes that York Wood Estates as legally described and depicted in
Exhibit "A" attached hereto be rezoned under the R -2 One - Family Residence District provisions of
the City Zoning Ordinance ( "Zoning Ordinance "),
H. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the City upon the matters covered by this Agreement.
I. The City and DEVELOPER have given all appropriate notices due to be given
pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code.
J. The Corporate Authorities, after due and careful consideration, have concluded that
the Agreement of the Annexation Agreement in accordance with the terms and provisions of this
Agreement, and the rezoning, subdivision and development of the Property as provided for herein,
will inure to the benefit and improvement of the City in that it will increase the taxable value of the
real property within its corporate limits, promote the sound planning and development of the City
and will otherwise enhance and promote the general welfare of the people of the City.
K.
(i) Each parry agrees that it is in the best interests of the OWNER and DEVELOPER
and the City to annex and develop the subject real property described in the Attached
Exhibit "A" as a Planned Unit Development (PUD) establishing a unique character
and to provide for the orderly flow of traffic in the development and to adjoining real
property.
(ii) Each parry agrees that it is in the best interest of the local governmental bodies
affected and the DEVELOPER and OWNER to provide for specific performance
standards in the development of the subject property.
(iii) Each party agrees that a substantial impact will be had on the services of the United
City of Yorkville and the Yorkville School District by development of said real
property.
(iv) The subject real property is located contiguous to the corporate boundaries of the
CITY and not within the corporate boundaries of any other municipality.
L. It is the desire of the CITY, DEVELOPER and OWNER that the development and
use of the York Wood Estate Subdivision proceed as conveniently as may be, in accordance with the
terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and
regulations of the CITY now in force and effect, except as otherwise provided in this Agreement.
M. The CITY's Plan Commission has considered the Petition, and the CITY Council has
heretofore both requested and approved the proposed land use and the zoning of the same at the
request of OWNER/DEVELOPER.
2
N. The OWNER/DEVELOPER and its representatives have discussed the proposed
annexation and have had public meetings with the Plan Commission and the CITY Council, and
prior to the execution hereof, notice was duly published and a public hearing was held to consider
this Agreement, as required by the statutes of the State of Illinois in such case made and provided.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and
agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement
and in addition to the Petition for Zoning and Annexation and drawings submitted therewith,
including the approved concept PUD plan to be approved by the CITY Council upon the following
terms and conditions and in consideration of the various agreements made between the parties:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in
accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois
Compiled Statutes and the Illinois Constitution.
2. ZONING. As soon as reasonably practicable following the execution of this
Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and
appropriate to rezone the Property under the R -2 One - Family Residence District of the CITY Zoning
Ordinance ( "Zoning Ordinance "), One Family Residence District with a Special Use for a Planned
Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the
classifications of the York Wood Estate Subdivision as aforesaid.
3. SUBDIVISION OF YORK WOOD ESTATES,.
a. The Property shall be developed in the manner and in accordance with the
development concept set forth in the Concept PUD Plan, and such development
shall be in full conformance with the CITY's Zoning Ordinance, Subdivision
Regulations, Building Code, and other CITY ordinances, codes, rules and
regulations pertaining to the development of the Property as provided in
Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant
to the terms of this Agreement. The engineering design for the sanitary sewer,
water, storm sewer service and the storm water retention/detention, as well as the
streets and sidewalks within, upon and serving the Property, shall be substantially
as provided in the Concept PUD Plan.
b. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be
developed in accordance with the ordinances of the CITY, as approved or
subsequently amended, unless otherwise provided for herein, and agree to follow
all of the policies and procedures of the CITY in connection with such
development except as modified in this Agreement and the Concept PUD Plan
(Exhibit B).
3
c. OWNERS and DEVELOPER agree proposed Final Plat units for this
development shall contain a minimum of 40 acres for single family areas.
d. DEVELOPER agrees to conform its Final Engineering and Final Plats to provide
the buffering and screening agreed to between DEVELOPER and the adjoining
OWNER of the subject property and approved by the CITY.
e. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County
"Right to Farm Statement" language attached hereto as Exhibit "L" on each Final
Plat of Subdivision.
4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from
the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been
requested, approved and are permitted with respect to the development, construction, and use of the
Subject Property ( "Permitted Variations ").
5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree
that any extension and /or construction of these utilities and public improvements shall be performed
in accordance with existing CITY subdivision regulations as varied by this Agreement, and such
work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise
provided in this Agreement:
A. Sanitary Sewer Facilities. DEVELOPER shall cause the Subject Property, or such
developable portions thereof as may be appropriate, to be annexed to the Yorkville -
Bristol Sanitary District ( "Yorkville Bristol" or "YBSD ") for the purpose of
extending and connecting to the sanitary sewer lines and treatment facilities of
Yorkville- Bristol. The installation of sanitary sewer lines to service the Subject
Property and the connection of such sanitary sewer lines to the existing sewer lines of
Yorkville- Bristol shall be carried out in substantial compliance with the Final
Engineering as approved_ by the CITY for each Phase of Development. The CITY
shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as
may be required from time to time by both federal and state law, including, without
limitation, the Illinois Environmental Protection Act, permitting the construction and
connection of the sanitary sewer lines to the Yorkville - Bristol facilities, in order to
facilitate the development and use of each Phase of Development of the Subject
Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of
Development which are eighteen (18) inches or more in diameter ( "Large Lines ")
shall be conveyed to Yorkville - Bristol, and the sanitary sewer lines which are smaller
than fifteen inches in diameter ( "Small Lines ") shall be conveyed to the CITY and
the CITY shall take ownership of and, at its expense, be responsible for the ongoing
care, maintenance, replacement and renewal of said Small Lines following the
i
4
CITY's acceptance thereof, which acceptance shall not be unreasonably denied or
delayed.
B. Water Facilities. The CITY represents that the water distribution system of the CITY
currently has and the CITY will reserve sufficient capacity to service the Subject
Property with potable water for domestic water consumption and fire flow protection,
if the Subject Property is developed in accordance with this Agreement. The CITY
further agrees, following acceptance by the CITY of the public improvements
constructed within the Subject Property, to maintain said water distribution system to
and within the Subject Property. The CITY further agrees to cooperate with
OWNER and DEVELOPER in obtaining such permits as may be required from time
to time by both federal and state law, including, without limitation, the Illinois
Environmental Protection Act, to permit the Subject Property to be served with
potable water and fire flow protection. In addition, the CITY will accept dedication
of, and thereafter maintain, all primary water lines constructed by DEVELOPER in
substantial conformity with the Final Engineering for each Phase of Development,
pursuant to applicable provisions of the Subdivision Ordinance and other applicable
codes and ordinances of the CITY. Location and size of the water lines to be
installed by DEVELOPER shall be in substantial conformity with the Preliminary
Engineering, subject to review and approval of Final Engineering for each Phase of
Development. DEVELOPER shall connect the Subject Property to the CITY water
supply system in accordance with the approved engineering. The CITY shall
exercise good faith and due diligence to complete the development shall be as
provided by ordinance for all properties in the CITY, except as otherwise provided
herein.
C. Storm Water Facilities.
1. DEVELOPER shall provide for storm water drainage and the
retention/detention thereof upon and from the Subject Property, in substantial
conformity with the Preliminary Engineering, subject to review and approval
of Final Engineering for each Phase of Development, in the following
manner:
a. Installation of underground sewers within that part of the Subject
Property to be developed and improved with buildings, structures,
streets, driveways, and other locations as identified on the Preliminary
Engineering, which improvements shall be conveyed to the CITY and
thereafter owned and maintained by the CITY.
b. Installation of graded, open swales or ditches and storm water
retention/detention areas as depicted on the Preliminary Engineering
5
within that part of the Subj ect Property designated on the Preliminary
Engineering for such purpose, subject to review and approval of Final
Engineering for each Phase of Development.
2. The CITY, for the full term of this Agreement, and any extension thereof,
shall require no more than that degree and type of storm water
retention/detention as is currently called for in the existing ordinances of the
CITY.
D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb,
gutter, street pavement, street lights, recreational path and public sidewalks, to be
installed upon the Subject Property in substantial conformity with the Final
Engineering as approved for each Phase of Development and the applicable
provisions of the Subdivision Regulations of the CITY, as modified or varied
pursuant to this Agreement. Notwithstanding anything contained herein or in any
CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway
landscaping to be constructed or installed upon the Subject Property pursuant to the
approved Final Engineering for each Phase of Development may be installed and
completed on a lot by lot or block by block basis, but they remain as a part of the
public improvements for each Phase of Development. The CITY shall accept the
ownership and maintenance responsibility of the portions of the Trail System/Bike
Path, constructed in accordance with the Final Plat and Final Engineering, located in
the public right of way.
6. SECURITY INSTRUMENTS.
A. Postini4 Securitv. DEVELOPER shall deposit, or cause to be deposited, with the
CITY such irrevocable letters of credit, contractor's performance bonds or surety
bonds ( "Security Instruments ") to guarantee completion and maintenance of the
public improvements to be constructed as a part of the development of each Phase of
Development as are required by applicable ordinances of the CITY. The amount and
duration of each Security Instrument shall be as required by applicable ordinances of
the CITY. All such Security Instruments if in the form of an irrevocable letter of
credit shall be substantially in the form set forth in Exhibit "F ", attached hereto. The
CITY Council, pursuant to recommendation by the CITY Engineer, may from time to
time approve a reduction or reductions in the Security Instruments by an amount not
in excess of eighty -five percent (85 %) of the value certified by the CITY Engineer of
the completed work, so long as the balance remaining in the Security Instruments is
at least equal to one hundred ten percent (110 %) of the cost to complete the
remaining public improvements for the applicable Phase of Development. The
Security Instruments for the public improvements for each Phase of Development
shall be deposited with the CITY prior to the recordation of the Final Plat for each
Phase of Development.
6
B. Release of Underground. Upon completion and inspection of underground
improvements in each Phase of Development; and recommendation of acceptance by
the CITY engineer, DEVELOPER shall be entitled to a release or appropriate
reduction of any applicable Security Instrument, subject to a maintenance Security
Instrument remaining in place for a one year period from the date of acceptance by
the CITY, in conformance with the CITY Subdivision Control Ordinance.
C. Release of Streets. Upon completion of street and related road improvements in each
Phase of Development; and recommendation of acceptance by the City engineer,
DEVELOPER shall be entitled to a release or appropriate reduction of any applicable
Security Instrument, subj ect to a maintenance Security Instrument remaining in place
for a one year period from the date of acceptance by the CITY, in conformance with
the City Subdivision Control Ordinance.
D. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject
Property, DEVELOPER shall be released from the obligations secured by its Security
Instruments for public improvements upon the submittal and acceptance by the CITY
of a substitute Security Instrument approved by the CITY, securing the costs of the
improvements set forth therein by the proposed DEVELOPER.
7. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS,. The
public improvements constructed as apart of the development of each Phase of Development shall
be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall
exercise good faith and due diligence in accepting said public improvements following
DEVELOPER's completion thereof for each Phase of Development in compliance with the
requirements of said ordinance.
8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes ofthe
CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water
management and drainage, building requirements, official plan, and related restrictions, as they
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to
the Subject Property and its development for a period of five (5) years from the date of this
Agreement. Any Agreements, repeal, or additional regulations which are subsequently enacted by
the CITY shall not be applied to the development of the Subject Property except upon the written
consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Subject
Property and its development will be subject to all ordinances, regulations, and codes of the CITY in
existence on or adopted after the expiration of said five (5) year period, 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 Subject Property, alter or eliminate any of the
ordinance variations provided for herein, nor result in any subdivided lot or structure constructed
within the Subject Property being classified as non - conforming under any ordinance of the CITY.
The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or
enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the
7
express and specific mandate of any superior governmental authority, such ordinance or regulation
shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that
any so called "grandfather" provision contained in such superior governmental mandate which would
serve to exempt or delay implementation against the Subject Property shall be given full force and
effect.
9. 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 Subj ect Property.
10. FEES AND CHARGES. During the first five years following the date of this
Agreement, the CITY shall impose upon and collect from the OWNER 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.
11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate
any land or money to the CITY, or any other governmental body, except as
otherwise expressly provided in this Agreement.
12. HOMEOWNERS ASSOCIATION AND DORMANT SSA,. In order to provide for
the maintenance of the Subdivision signage, common areas and open space,
in the event the Homeowner's Association fails to so maintain, OWNER
agrees to execute a consent to the creation of a dormant Special Service Area
prior to execution of the First Final Plat of Subdivision by the CITY; and the
CITY shall have approved ordinances encumbering all residential units of
said subdivision, as to common subdivision signage, storm water
management or other common areas of the subdivision.
13. OWNER' S /DEVELOPER'S CONTRIBUTIONS.. OWNER or DEVELOPER shall
be responsible for making the following contributions to compensate the Yorkville Community
School District 4115 ( "School District ") and the United City of Yorkville, Recreation Department
( "Recreation Department ") for the estimated impact which is projected to be experienced by said
districts as a result of the development of the Subject Property in the manner provided for under this
Agreement:
A. School Contribution. OWNER or DEVELOPER shall provide cash -in -lieu of land to
the CITY for school purposes ( "School Contribution "). The total land area required
for contribution pursuant to applicable ordinances of the CITY, based upon the
Preliminary Plat, is 11.055 acres. The school contribution shall be paid by a cash
contribution in accordance with the CITY ordinances made at time of recording the
first final plat in accordance with the amount per unit in Exhibit `C'. The
DEVELOPER has agreed to pay a transition fee to the School District in the amount
8
of $3,000.00 per unit. The fee will be paid at the rate of $3,000 per unit on a per
building permit basis as building permits are issued. The method of payment will be
in accordance with the CITY'S current procedure. This procedure is for the Builder
for a home to pay the fee for that unit to the School District directly and receive a
receipt from the School District for the unit paid and then for this receipt to be
presented by the Builder to the CITY prior to the issuance of a building permit for
that unit, on a lot by lot basis. Said fees are being paid voluntarily and with the
consent of OWNER and DEVELOPER based upon this contractual agreement
voluntarily entered into between the parties after negotiation of this Agreement.
OWNER AND DEVELOPER knowingly waives any claim or objection as to amount
of the specific fees negotiated herein voluntarily.
B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land
only to the CITY for park purposes ( "Park Contribution "). The total land area
required for contribution for park purposes pursuant to applicable ordinances of the
CITY, based upon the Preliminary Plat, is 6.938 acres. OWNER or DEVELOPER
shall cause fee title to no less than 1.85 acres of land located in Parcel 3, as identified
on the Concept PUD Plan ( "Park Site ") to be conveyed to the CITY, or to such other
entity as the CITY shall direct in writing, in partial satisfaction of the Park
Contribution. The balance of any park contribution shall be paid by a cash
contribution in accordance with the CITY ordinances made at time of conveyance of
the park site to the CITY. The Park Site shall be conveyed in such manner and at
such time as required by applicable ordinances of the CITY. Prior to conveyance of
the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park
Site in conformity with the Final Engineering.
C. The fees listed in Exhibit "C" shall be paid to the CITY for each unit. Unless
otherwise provided in this Agreement, said development, transition, impact, and
other fees shall be paid per individual residential dwelling unit concurrent with the
building permit application for that particular residential dwelling unit.
14. PROJECT SIGNS. Following the date of this Agreement and through the date of
the issuance of the final occupancy permit for the Subj ect Property, DEVELOPER shall be entitled
to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and
location signs at such locations within or without the corporate limits of the CITY as DEVELOPER
may designate (individually an " Offsite Sign" and collectively the " Offsite Signs "). DEVELOPER
shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the
construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced
signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding
two hundred (200) square feet, subject to the requirements of any permitting authority other than the
CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall
9
be permitted to construct, maintain and utilize signage upon the Subject Property as identified in
Exhibit "H ", attached hereto.
15. MODEL HOMES /PRODUCTION UNITS,. During the development and build out
period of the Subject Property (subsequent to final plat approval), DEVELOPER, and such other
persons or entities as DEVELOPER may authorize, may construct, operate and maintain model
homes within the Subject Property staffed with DEVELOPER'S, or such other person's or entity's,
sales and construction staff, and may be utilized for sales and construction offices. The number of
such model homes and the locations thereof shall be as from time to time determined or authorized
by DEVELOPER. No off - street parking shall be required for any model home other than the
driveway for such model home capable of parking two (2) cars outside of the adjacent road right -of-
way. Building permits for model homes, and for up to fifteen (15) production dwelling units, shall
be issued by the CITY upon proper application therefore prior to the installation of public
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). Prior to issuance of occupancy permits of
model homes, water shall be made available within 300' of homes. There shall be no occupation or
use of any production dwelling units until the binder course of asphalt is on the street, the water
system and sanitary sewer system needed to service such dwelling unit are installed and operational.
Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by
the OWNER. DEVELOPER may locate temporary sales and construction trailers upon the Subject
Property during the development and build out of said property, provided any such sales trailer shall
be removed within two (2) weeks following issuance of the final occupancy permit for the Subj ect
Property or upon the occupancy of model homes within the Subject Property, whichever shall first
occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the
model trailer site with landscaping and elevations for the Cities approval. The parking lot must have
a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend
and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees ") from all
claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees 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. DEVELOPER shall be permitted to obtain building permits in the same manner for
additional model homes and for initial production dwelling units in each Phase of Development as
the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY.
The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees
for each Phase of Development.
16. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of
execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed
upon such part or parts of the Subject Property as required and approved by DEVELOPER for
development purposes. Said trailers may remain upon the Subject Property until the issuance of the
last final occupancy permit for the Subject Property. No contractor's trailers or supply trailers shall
be located in the public right -of -way.
10
17. OVERSIZING OF IMPROVEMENTS,. In the event oversizing of public
improvements is hereafter requested and properly authorized by the CITY for the Subject Property,
and agreed to by DEVELOPER, for any of the public improvements constructed to develop the
Subject Property for the purpose of serving property other than the Subject Property, the CITY shall
enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER
providing for the payment of the cost of such oversizing by the OWNER of properties benefited by
the same. The improvements which qualify as oversized and the identity of the benefited properties
shall be identified at the time of approval of Final Engineering for a Phase of Development.
18. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed.,
shall the CITY require that any part of the Subject Property be designated for public purposes,
except as otherwise provided in this Agreement or identified on the Preliminary Plat.
19. RECAPTURE/RECOVERY AGREEMENTS,.
A. Benefitinia the Subject Property. See Section 21.E of this agreement.
B. Encumbering the Subject Property. Except as otherwise expressly provided in this
Agreement, there are currently no recapture agreements or recapture ordinances
affecting public utilities which will be utilized to service the Subject Property which
the CITY has any knowledge of or under which the CITY is or will be required to
collect recapture amounts from OWNER, DEVELOPER, or their successors, upon
connection of the Subject Property to any of such public utilities, nor does the CITY
have any knowledge of a pending or contemplated request for approval of any such
recapture agreement or ordinance which will effect the Subject Property.
20. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING
MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS.,
OWNERS', DEVELOPER's and the CITY agree 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.
The CITY, OWNERS and /or DEVELOPER shall cooperate in good faith to identify and agree on
the appropriate structure for the financing, which the CITY and DEVELOPER currently believe
will consist of one or more SSA's pursuant to 35 ILCS 200/27 -5 et seq., but which may be
authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS
and /or DEVELOPER. However, CITY, OWNERS and /or DEVELOPER 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,
11
otherwise known as the "pay down" bond. A draft bond term sheet including the average
estimated special tax payments are attached as Exhibit "CCC ".
i I
The burden of the assessment is limited to and shall be paid by only those future property owners
within the SUBJECT PROPERTY, and the other properties joining in the SSA for the areas
generally referred to as the "Southwest Infrastructure Developments" described in Section 8 of
this agreement.
21. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS,
INCLUDING GREENBRIAR ROAD EXTENTION (SOUTHWEST
INFRASTRUCTURE DEVELOPMENTS)
A. CROSS CONTINGENCIES, OWNERS, DEVELOPER and CITY agree that this agreement
shall be cross contingent with the CITY's approval of Annexations with 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 BBB. 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.
B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into
individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish
individual Special Service Areas (SSA's) within each of the subdivisions listed on Exhibit BBB.
City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the
infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to
intervene. OWNER shall have the right to opt -out of narticinatine 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
Aizreement and by thirty (30) days prior to (i) January 15, 2007. or (ii) actual issuance of the bond(s),
whichever is later. OWNER will Dav its pro rata share of the costs no later than the date of the bond
issuance in readilv 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 formation of The SSA's and issuance of Special Revenue Bonds is intended to render the
following results:
1. All areas will be within the SSA's, and all real property will become subject to the
Special Tax. It is anticipated that each development will enact an individual SSA's, and that all
SSA's will issue one mutual Special Tax Bond for payments of the improvements.
12
I
I
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) million in special tax bonds.
3. The special tax revenue bonds shall be used to construct infrastructure as described
on Exhibit "AAA ".
C. COST CONTAINMENT. OVERRUNS. In order to reduce the risk of cost overruns,
OWNERS and /or DEVELOPERS agree that the amount of bonds sold should not be determined
until bids have be received by the City for construction of the Southwest Infrastructure. Since
final engineering must be completed prior to seeking bids, OWNERS and /or DEVELOPER agree
to front fund the amount indicated on Exhibit "BBB" and to receive reimbursement for said sum
from the sale of the Revenue Bonds. OWNERS and /or DEVELOPERS 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 and DEVELOPER
comments and justify said overruns. All DEVELOPERS shall be responsible for contribution,
based upon the same ratios and rational used in Exhibit "AAA" if the cost to complete the
Southwest Infrastructure exceeds the amount of the Bonds.
D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE., OWNERS
and/or DEVELOPER agrees that traffic ultimately originating from this development, as well as
all "Southwest Infrastructure Developments" will give rise to the need for the Green Briar Drive
extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the
acquisition of right -of -way of the Green Briar Drive Extension. The City deems the construction
of Green Briar as a high priority and agrees to proceed with construction as funding is available.
In addition, OWNER'S and /or DEVELOPERS agree to route all construction traffic along state
Route 71 to Pavillion or High Point Road and then to the development, and not allow
construction traffic to travel along Fox Road from Rt 47 to the development.
E. RECAPTURE /RECOVERY OF INFRASTRUCTURE IMPROVEMENTS,
The CITY shall, in accordance with Chapter 65, Section 5/9 -5 -1 et.seq. of the Illinois Compiled
Statutes, 2002 Edition, enter into agreements for recapture /recovery ( "Recapture/Recovery
Agreement ") with DEVELOPER providing for the recapture /recovery by DEVELOPER of a
portion of the cost of certain improvements as identified on Exhibit "AAA ", constructed by
DEVELOPER which the CITY has determined may be used for the benefit of property
( "Benefited Property ") not located within the Subject Property which connect to said
improvements. The Benefited Property is identified on said Exhibit "DDD" attached hereto.
Each Recapture Agreement shall be substantially in the form as attached hereto and made a part
hereof as Exhibit `BEE ".
22. ONSITE EASEMENTS AND IMPROVEMENTS..
In the event that during the development of the Subject Property DEVELOPER determines that any
existing utility easements and /or lines require relocation to facilitate development of the Subject
13
Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER
in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne
by the DEVELOPER. If any easement granted to the CITY as a part of the development of the
Subject Property is subsequently determined to be in error or located in a manner inconsistent with
the intended development of the Subject Property as reflected on the Preliminary Plat and in this
Agreement, the CITY shaft fully cooperate with DEVELOPER in vacating and relocating such
easement and utility facilities located therein, which costs shall be borne by DEVELOPER.
Notwithstanding the foregoing, and as a condition precedent to any vacation of easement,
DEVELOPER shall pay for the cost of design and relocation of any such easement and the public
utilities located therein.
a. Within 30 days of a written request from the United City of Yorkville, which includes
legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL
grant permanent and temporary construction easements as necessary for the
construction of extension of City utilities and appurtenances and /or other utilities to
serve the subject property and other properties within the City of Yorkville.
b. Within 30 days of a written request from the United City of Yorkville, which includes
legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL
convey by Warranty Deed, fee simple title of future highway or road right of way to
the United City of Yorkville as necessary, regardless of whether or not these right of
way needs have been previously identified in this agreement. Such request for
conveyance of right of way shall have no impact on any previously entitled land
development density.
23. OFFSITE EASEMENTS AND CONSTRUCTION,.
Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for
a Phase of Development is recorded, DEVELOPER shall obtain all offsite easements necessary for
the development of such portion of the Subject Property in accordance with the Preliminary Plans.
In the event an offsite easement is required which was not contemplated in the Preliminary Plans due
to a change in circumstances, and in the event DEVELOPER is unable to acquire such necessary
offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, provided
DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof.
DEVELOPER shall deposit the amount of such costs reasonably estimated by the CITY into a
segregated, interest bearing escrow account prior to the commencement of such eminent domain
proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all funds,
including interest, remaining in such escrow upon completion of such proceedings shall be refunded
to DEVELOPER.
24. DISCONNECTION.
14
i
OWNER and DEVELOPER agree that DEVELOPER shall develop the York Wood Estates Property
as a subdivision to be commonly known as York Wood Estates Subdivision in accordance with the
Concept PUD Plan approved by the CITY in accordance with the terms hereof, and shall not, as
either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said
property from the CITY.
7
i
25. CONFLICT IN REGULATIONS.
The provisions of this Agreement shall supersede the provisions of any ordinance, code, or
regulation of the CITY which may be in conflict with the provisions of this Agreement.
26. ANNEXATION FEE.
The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result
of the development and build -out of the Subject Property as a result of the prior annexation of said
property to the CITY. The CITY hereby waives all current and future annexation fees now or
hereafter required under any ordinances of the CITY with respect to the Subject Property, except as
otherwise provided in this Agreement.
27. GENERAL PROVISIONS.
A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties or their successors or assigns by an appropriate action at
law or in equity to secure the performance of the covenants and agreements contained
herein, including the specific performance of this Agreement. This Agreement shall
be governed by the laws of the State of Illinois.
B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding
upon the OWNER, DEVELOPER and their successors in title and interest, and upon
the CITY, and any successor municipalities of the CITY. It is understood and agreed
that this Agreement shall run with the land and as such, shall be assignable to and
binding upon subsequent grantees and successors in interest of the OWNER,
DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the
obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed
transferred to or assumed by any purchaser of a lot improved with a dwelling unit
who acquires the same for residential occupation, unless otherwise expressly agreed
in writing by such purchaser.
C. This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, excepting the Annexation Agreement it amends,
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
15
negotiation, both by principals and through counsel, and represent terms and
conditions that are deemed by the parties to be fair, reasonable, acceptable and
contractually binding upon each of them.
D. Notices. Notices or other materials which any party is required to, or may wish to,
serve upon any other parry in connection with this Agreement shall be in writing and
shall be deemed effectively given on the date of confirmed telefacsimile
transmission, on the date delivered personally or on the second business day
following the date sent by certified or registered mail, return receipt requested,
postage prepaid, addressed as follows:
(i) If to OWNER
and/or DEVELOPER: Wyndham Deerpoint Homes
605 Lindsay Circle
North Aurora, IL. 60542
Attn: Richard M. Guerard
Fax: (630) 966 -1006
with a copy to: Guerard, Kalina & Butkus
100 W. Roosevelt Road
Wheaton, IL 60187
Attn: Richard M. Guerard
Fax: (630) 690 -9652
(ii) If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, 11 60560
Fax: (630) 553 -4350
with a copy to: John Wyeth, Esq.
800 Game Farm Road
Yorkville, I160560
Fax: (630) 553 -4350
or to such other persons and /or addresses as any parry may from time to time
designate in a written notice to the other parties.
E. Severabilitv. This Agreement is entered into pursuant to the provisions of Chapter
65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes, (1998 ed.). In the event any
part or portion of this Agreement, or any provision, clause, word, or designation of
this Agreement is held to be invalid by any court of competent jurisdiction, said part,
portion, clause, word or designation of this Agreement shall be deemed to be excised
16
i
from this Agreement and the invalidity thereof shall not effect such portion or
portions of this Agreement as remain. In addition, the CITY, OWNER, and
DEVELOPER shall take all action necessary or required to fulfill the intent of this
Agreement as to the use and development of the Subject Property.
F. Agreement' This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to
applicable provisions of the CITY Code and Illinois Compiled Statutes. This
Agreement may be amended by the CITY and the OWNER of record of a portion of
the Subject Property as to provisions applying exclusively thereto, without the
consent of the OWNER of other portions of the Subject Property not affected by such
Agreement.
G. Convevances. Nothing contained in this Agreement shall be construed to restrict or
limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of
the Subject Property, whether improved or unimproved.
H. Necessary Ordinances and Resolutions.. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNER, DEVELOPER, and their successors or
assigns, to develop the Subject Property in accordance with the provisions of this
Agreement, provided said ordinances or resolutions are not contrary to law. The
CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to
correct any technical defects which may arise after the execution of this Agreement.
I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the
event construction is commenced within said twenty -year period all of the terms of
this Agreement shall remain enforceable despite said time limitation, unless modified
by written agreement of the CITY and DEVELOPER/OWNER.
J. Captions and Paragraph Headini4s. 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.
J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,
Kendall County, Illinois, at DEVELOPER's expense.
K. 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.
L. 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.
17
i
M. No Moratorium. The CITY shall not limit the number of building or other permits
that may be applied for within any opened phase due to any CITY imposed
moratorium and shall in no event unreasonably withhold approval of said permits or
approval for the Final Plat of any Phase of the subdivision. Nothing contained herein
shall affect any limitations imposed as to sanitary sewer or water main extensions by
the Illinois Environmental Protection Agency, or Yorkville - Bristol S anitary District.
N. Hiahwav 71. DEVELOPER agrees to comply and pay the cost of compliance with
all State requirements with regard to entrances into the development from State
Highways7l .
O. Time is of the Essence. Time is of the essence of this Agreement and all documents,
agreements, and contracts pursuant hereto as well as all covenants contained in this
Agreement shall be performed in a timely manner by all parties hereto.
P. Exculuation. It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY's obligations under this Agreement that may be required or
imposed by any other governmental bodies or agencies having jurisdiction over the
Subject Property, the CITY, the DEVELOPER, or OWNER, including, but not
limited to, county, state or federal regulatory bodies.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
DEVELOPER & OWNER: CITY:
JW & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an
an Illinois limited liability company Illinois municipal corporation
by Wyndham Deerpoint Homes, Inc.,
Managing mber
By: By.
Mayor
Title: President
Attest
Dated: f A / /O � � CITY Clerk
Dated: g a:10
18
LIST OF EXHIBITS
EXHIBIT "A ": Legal Description of York Wood Estates Property
EXHIBIT `B ": Concept PUD Plan
EXHIBIT "C ": Development Fee List
EXHIBIT "E ": Permitted Variations and Design Standards
EXHIBIT "F ": Form Letter of Credit
EXHIBIT "H ": Project Signage
EXHIBIT "L": Right to Farm Disclosure Statement for Final Plats
EXHIBIT "AAA" Overall Infrastructure Funding Summary
EXHIBIT "BBB" Front Funding Distribution Summary
EXHIBIT "CCC" SSA Summary of Terms
EXHIBIT "DDD" Recapture /Recovery Area Benefited Property
EXHIBIT `BEE ": Recapture /Recovery Agreement
EXHIBIT "A"
YORK WOOD ESTATES LEGAL DESCRIPTION:
THAT PART OF SECTIONS 7 AND 18, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 01 DEGREE 36 MINUTES 55
SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, 317.63 FEET; THENCE
SOUTH 83 DEGREES 48 MINUTES 59 SECONDS EAST, 190.33 FEET; THENCE NORTH 86
DEGREES 23 MINUTES 17 SECONDS EAST, 112.47 FEET FOR THE POINT OF BEGINNING;
THENCE NORTH 01 DEGREES 46 MINUTES 59 SECONDS WEST, 1132.63 FEET TO THE
CENTERLINE OF STATE ROUTE 71 THENCE NORTHERLY ALONG SAID CENTERLINE SAID
LINE BEING A CURVE TO THE LEFT WITH A RADIUS OF 6611.12 FEET AND ARC LENGTH
OF 1995.36 FEET TO THE NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE
OF LOT 34 IN TIMBER CREEK SUBDIVISION; THENCE SOUTH 64 DEGREES 28 MINUTES
33 SECONDS EAST ALONG SAID EXTENSION AND SAID SOUTHWESTERLY LINE, 960.44
FEET; THENCE SOUTH 03 DEGREES 08 MINUTES 20 SECONDS WEST 1566.33 FEET;
THENCE SOUTH 01 DEGREES 50 MINUTES 35 SECONDS EAST, 442.19 FEET; THENCE
SOUTH 48 DEGREES 50 MINUTES 44 SECONDS EAST, 151.77 FEET; THENCE SOUTH 36
DEGREES 53 MINUTES 57 SECONDS WEST, 414.79 FEET; THENCE SOUTH 60 DEGREES
30 MINUTES 27 SECONDS EAST, 719.26 FEET; THENCE SOUTH, 00 DEGREES 38 MINUTES
21 SECONDS EAST, 535.35 FEET; THENCE NORTH 57 DEGREES 46 MINUTES 35
SECONDS WEST, 470.34 FEET; THENCE SOUTH 25 DEGREES 22 MINUTES 49 SECONDS
WEST, 946.62 FEET; THENCE SOUTH 87 DEGREES 46 MINUTES 35 SECONDS WEST,
1124.92 FEET; THENCE NORTH 35 DEGREES 43 MINUTES 30 SECONDS WEST, 559.11
FEET; THENCE NORTH 17 DEGREES 16 MINUTES 04 SECONDS EAST, 1188.07 FEET;
THENCE NORTH 28 DEGREES 01 MINUTES 14 SECONDS EAST, 405.90 FEET; THENCE
SOUTH 89 DEGREES 58 MINUTES 38 SECONDS WEST, 731.11 FEET; THENCE NORTH 05
DEGREES 39 MINUTES 17 SECONDS EAST, 362.33 FEET; THENCE SOUTH 86 DEGREES
23 MINUTES 17 SECONDS WEST, 578.29 FEET TO THE POINT OF BEGINNING. EXCEPT
THAT PART OF ROUTE 71 PREVIOUSLY DEDICATED, IN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
I
i
II I
I
EXHIBIT B
Legal Description
r,
i y.e
r .r � �,• .�- ;fit`' t� C .•1'. - i �
I ! I • } Existing Zonin - F- District Farming
Proposed g
roposetl Zoning - P.U.D.
- _ •R Total Single Family Lots - 185
� tfb Total Site Area - 1 76.32 Ac.
'' - "'\ �•, " ". _ -rs. Gross Site Density - 1.04 U.U. /Ac<
Total Open Space - 63.63 Ac. - 46.40%
i f1
a �
t
6 i
y
f �
- it ' •a _ _
s 1
- �. ��"+ .ate t • -. .: .. -- ,^ ,
Y W ood E s t a t es Ill Pl sn
City of Yorkville
Sheet I of 6
EXHIBIT C
Name of Fee Amount Time of Pavment
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
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
7 Water Meter Cost (not applicable to fee lock) $390 per unit Building Permit
8 City Sewer Connection Fee $2,000 per unit PAID BY SPECIAL TAX PROCEEDS
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
11 b Police (Development Impact Fee) $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 "time 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) $500 per unit Building Permit
11 a Parks and Rec (Development Impact Fee) $50 per unit Building Permit
11flEngineering (Development Impact Fee) $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 per acre agreement and land /cash donations negotiated
I Calculated by
ordinance, $80,000 Building Permit or Final Plat, depending on annexation /development
13 School Land Cash Fee _per acre agreement and land /cash donations negotiated
14 Road Contribution Fund $107 per unit $1,893 (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
16 Weather Warning Siren $75 per acre Final Plat
1.75% of Approved
Engineer's
Estimate of Cost of
Land
17 Administration Review Fee Improvements Final Plat
1.25% of Approved
Engineer's
Estimate of Cost of
Land
Improvements Final Plat
18 Engineering Review Fee
W: \CURRENT PROJECTS \SW PROJECTS \FINAL FINALS \YORK WOOD ESTATES \YORK WOOD ESTATES ANNEXATION
AGREEMENT _8_17_06.DOC
05/1/01
EXHIBIT "E"
PERMITTED VARIATIONS AND DESIGN STANDARDS,
I. Permitted Variations to Zoning Ordinance:
A. Section 12.15.5: Sign Code
I. Increase sign face area and height standards to comply with the standards
set forth in Exhibit "H" attached hereto
II. Permitted Variations to Subdivision Ordinance:
III. Permitted Variations for Signage:
The provisions of the Zoning Ordinance are hereby varied as necessary and appropriate
to permit the construction and use of those signs as identified in Paragraph 13 of this
Agreement and in Exhibit "H" attached hereto
E -1
.
EXHIBIT F
(Letterhead of a Bank, Savings. and Loan or Mortgage House)
20„_,
Mayor and Aldermen
City of Yorkville
800 Game Farm Road
Yorkville, IL. 60560
Re: Subdivision Name
Letter of Credit No.
For Account of
Amount
Date
Gentlemen:
The undersigned by . its' duly
(name of financial institution) (name & title)
authorized agent„ hereby establishes and issues this Irrevocable Letter of Credit in favor of the City
of Yorkville in the amount of S which represents 110% of the cost of the
improvements described herein. Such credit is available to be drawn upon by said City upon
presentation to this bank ofyour demand for payment accompanies by a copy of this Letter ofCraht.
This Letter of Credit is issued for the purpose of securing and paying for the installation of the
following public improvements in the aforesaid subdivision:
DIVISION "W'.- SANITARY SEWERS
(engineer's estimate = )
DIVISION " B " - WATER NC43 N
(enginces estimate = )
DIVISION "C" - STORM SEWERS
(engineer's estimate = 1
DIVISION "D" - STREETS
(engineer's estimate — )
DIVISION "E" - DETENTION ION BASIN
( engineer's estimate — )
DMSION "F" - MISC. EMPROVEIVSBNTS
(en&eees estimate = )
Total engineers estimate =
The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate.
EXHIBIT F
The development is legally described as follows:
See Attached Exhibit "A"
Said public improvements shall be constructed by (subdivider) our customer, in
accordance with the plans, specifications. completion schedules-and cost estimates prepared by
(subdivid -Ws engineer)
The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and
pertain to any and all amendments or modifications which may be made from time to time to the
plans, specifications and cost estimated for said modifications.
This Irrevocable Letter of Credit shall expire on , 20 , provided, however, the
undersigned shall not* the City Clerk by c Toed or registered mail, return receipt requested, at least
ninety (90) days prior to said expiration date, that said Letter of Credit is about to expire. In no event
shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior
written notice, it being expressly agreed by the undersigned that the above expiration date shall be
extended as required to comply with this notice provision.
This Irrevocable Letter of Credit shall remain in effect until , 20 without regard to
(expiration date)
any default in payment of money owed to the issuer by our customer and without regard to other
claims which the Issuer may have against our customer, and in no event shall terminate without notice
as specified above.
This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration date
by submitting a new Letter of Credit to the same form and substance as tbis Letter of Credit to the
City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above
described improvements.
It is agreed that the following shall be considered a default by our customer axed shall entitle the City
to make demand on this Letter of Credit:
1. that said Letter of Credit will expire within thirty (3 0) days and has not been renewed;
or
2. that the aforesaid improvements have not been completed by the subdivider at least
thirty (30) days prior to the aforesaid expiration date; or
3. that the owner and/or subdivider has failed to complete or carry on the work of the
installation and construction of the required improvements in accordance with the
schedule, or at a faster pace if the installation of the private improvements shall be
completed before public improvements to service them are available; or
4. that the City of Yorkville has determined that the owner and/or subdivider has
demonstrated that they will be unable to complete the improvement; or
i
I
i
EXHIBIT F
S. that the City of Yorkville has determined that the public improvements or other
improvements covered by this commitment have been or are likely to be the subject
.of liana or other claims by contractors, subcontractors or thud parties, or
6: that if more fiends are disbursed at this time on order of the owner and/or subdivider
insufficient ftwds will - remain irrevocably committed to guarantee tho completion
of all improvements, and such certification indicates that the owner and/or subdivider
has been notified that the municipality finds that a breach of the owner's and/or
subdivider's obligations has occurred and has not been cured within a period of
thirty (30) days.
The issuces obligation to the City is based solely on this Irrevocable Letter of Credit engagement
between this financial institution and the City and is not subject to instructions from our customer.
It is recognized that the City has directed our customer to proceed with the construction of public
improvements upon the guarantee of this irrevocable commitment. It is further acknowledged that .
the consideration for this irrevocable commitment is provided by agreements between this financial
institution and our customer.
This Irrevocable Letter of Credit sets forth in full the terms ofthis undertakingbetween the Issuer and
the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be
limited by reference to any documalts, instrt anent or agreement referred to herein, and any such
reference shall not be deemed to incorporate herein by reference any document, instrument or
agreemeg.
Demands on this Letter of Credit shall.be made by presenting the Issuer with a letter from the City
Clerk ofthe City of Yorkville demanding payment accompaaiedby the certificate ofthe City Clark of
the City of Yorkville certifying the basis for the default and demand an this Letter of Credit.
The undersigned agrees that this Letter of Credit shall not be reduced or discharged except upon
receipt of a certificate of the City Clark of the City of Yorkville certifying that this Letter of Credit
may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this
Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided
however, the outstanding balance ofthis Letter of Credit shall not be reduced to less than 25% of the
approved engineer's eatimte upon which this Letter of Credit is based until the City Council accepts
the aforementioned improvements and a certificate of the City Clerk certifying
that the Letter of
Credit has been released by the City Council ofthe City,
All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit
have been completed_
The undersigned further agrees and engages that it will be responsible and liable for attorney fees and
court costs which may be incurred by the City in enforcing collection of this Letter of Credit in
accordance with its terms.
1
i'Jf
EXHIBIT F
We hereby engage with you that all demands for payment in conformity with the terms of this
Irrevocable Letter of Credit will be duly honored on presenUtion to us prior to expiration of this
Letter of Credit.
BY: ATTEST:
Name: Name:
Title: Title:
STATE OF ILLINOIS)
)SS
COUNTY OF )
L the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that
* personally known to me to be the of the
(title)
and personally known to me to be the
(name of institution) (fie)
of said institution, and who are personally known to me to be the same persons whose names are
subsctibed tb the foregoing Letter of Credit as such and
(title) (tide)
respectively, and caused the corporate seal of said to be affmad thereto
(name of institution)
pursuant to authority given by the Board ofDirectors thereof as their free and voluntary acts and as
the free and voluntary act and deed of said institution.
Given under my hand and official seal this day of 20_.
SEAL
Notary Public
W: \CURRENT PROJECTS \SW PROJECTS \FINAL FINALS \YORK WOOD ESTATES \YORK WOOD ESTATES ANNEXATION
AGREEMENT 8 17 06.DOC
05/1101
EXHIBIT "H"
PROJECT SIGNAGE
I. Onsite Project Identification Signs:
1. Number:4
2. Maximum Height: 20 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 200 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
II. Onsite Model Home Signs:
1. Number: 1 sign for each model home
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 32 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
III. Onsite Directional and Information Signs:
1. Number: No maximum number
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 16 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
IV. Onsite Sales or Marketing Signs/Flags:
1. Number: 12
2. Maximum Height: 10 feet
3. Maximum Sign Faces per Sign: 2
4. Maximum Sign Face Area Per Side: 32 square feet
5. Illumination: Permitted
6. Location: As from time to time determined by DEVELOPER
H -1
W: \CURRENT PROJECTS \SW PROJECTS \FINAL FINALS \YORK WOOD ESTATESWORK WOOD ESTATES ANNEXATION
AGREEMENT _8_17_06.DOC
05/1/01
V. Permanent Entry Monument Signs:
Permanent entry monument signs and treatments shall be permitted in compliance with
applicable provisions of the CITY Sign Ordinance and Subdivision Ordinance, or as otherwise
approved by the CITY Council or Building and Zoning Officer upon request by DEVELOPER.
Permanent entry monument signs and treatments shall not be located in public right -of-
way and shall have adequate separation from underground utilities.
VI. Other Signs:
In addition to those permitted signs as identified in this Exhibit "H ", DEVELOPER shall
further have the right to from time to time install and utilize such other signage upon the Subject
Property as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY.
H -1
I
Exhibit' L"
KENDALL COUNTY RIGHT -TO -FARM STATEMENT
NOTICE:
Kendall County has a long, rich tradition in agriculture and respects the role that farming
continues to play in shaping the economic viability of the county. Property that supports this
industry is indicated by a zoning indicator - A -1 or Ag Special Use. Anyone constructing a
residence or facility near this zoning should be aware that normal agricultural practices may
result in occasional smells, dust, sights, noise, and unique hours of operations that are not tvnical
in other zonine areas.
Exhibit AAA -1: Overall Infrastructure Funding Summary 8/3/06
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 Extensior $ 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
011111111 11 i 1 111 w 11-j'' 11 0 . 1 11jJ11111111111j
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
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:\PUblie \Yorkville @OO4\Y00402 Fox Road Water System Extension AnalysislEnglSSA Tables \WO MB and GB - W Cily_Fundingl[Development Funding Summary (WOMB &W City Funding).xls]Projed Si m.
ENGINEERING ENTERPRISES, INC.
SUGAR GROVE, IL
Exhibit AAA - 2: Funding Distribution Summary 8/31/06
SW INFRASTRUCTURE FUNDING
United City of Yorkville, Kendall Co., IL
'::`�, .. .. rJ'l NFL', 1�UL='; CU.f�L�ksl•J.NUIt�LGPSUMMl1f�'f :�u�:o-�` +:3 :��:,�"r�'•' �. .. ";.i�':;
Total Single Water lalpr. Transportation Impr. Sanitary Impr. Stormwater Planning TOTAL ALL
Family Dwelling Density Percent of Subtotal Cost / Subtotal Cost I 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 $ 441,364 $ 2,566 $ 1,084,910 $ 6,308 $ 5,691 $ 33 $ 2,944,346 $ 17,118
Evergreen Farm 49 77 1.57 8.8% $ 632,287 $ 8,212 $458,488 $ 5,954 $ 496,339 $ 6,446 $ 2,715 $ 35 $ 1,589,830 $ 20,647
Aspen Ridge Estates 126 217 1.72 24.8% $ 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 S 38 $ 3,906,964 $ 17.442
York Wood Estates 178 185 1.04 21.1% $ 1,519,131 $ 8,212 $ 474.723 S 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 -- $ 33,800 -- $ 15,752,779 --
IM.UlkliRECICP WRE/REG'�OVERY ORa4DDITIONAL FEES NEGATIVE NUfiABERY.SUMMAR:
Total Single Water Impr. Transportation Impr. Sanitary Impr. Stormwater Planning TOTAL ALL
Family Dwelling Density Percent of Subtotal Cost l 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) $ (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 $ 6,716
Aspen Ridge Estates 126 217 1.72 24.8% $ 979,000 $ 4,512 $ (117,488) $ (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 -
F .0
F. R
TOTAL' F. IXED3 NASTRUETURE• NDING "(INFRASTRUCTUR .FUNDING...AWIMUMn�t.r�v P'RECOVER•Y.Cf-ikIO.UI1Ll `*'r ;� t�;;s` ';'c•.:•'"'' +;:R •? ";`
Total Single Water. Im p r. Transportation Impr. Sanitary Impr. Stormwater Planning TOTAL ALL
Family Dwelling Density Percent of Subtotal I Cost/ Subtotal Cost/ Subtotal Cost/ Subtotal Cost Subtotal Costl
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 S 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 25.6% $ 828,800 $ 3,700 $ 598,809 $ 2,673 $ 990,542 $ 4,422 $ 8,533 $ 38 $ 2,426,684 S 10,833
York Wood Estates 178 185 1.04 21.1% $ 684,500 $ 3,700 $ 494,552 $ 2,673 $ 998,151 $ 5,395 $ 9,880 $ 53 $ 2,187,082 S 11,822
Total 610 875 1.43 100.0% $ 3,237,5001 $ 2,927,770 -- S 3,899,030 -- $ 33,800 -- S 7,885,768
G :1PublidYork.11o\20041YO0402Fos Road MW1S ya, em E.W- -A.1,ai.%E,g%SSATabl..�D..I p-e tFuA gSummery(WSP- PRVR- pil.al4lD4v. Sum.
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
SW INFRASTRUCTURE FUNDING
United City of Yorkville, Kendall Co., IL
WATER DISTRIBUTION FUNDING SUMMARY
Total Single Water Dlsir. 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 $1,4351 DU At $3,700 / DU At $3,0771 DU Improvements Cost per DU
United City of Yorkville - - - - - - - $1,990,881 -
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 $284.900 $236,896 $632.287 $8,212
Aspen Ridqe Estates 126 217 1.72 24.8% $311,364 $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 le5 1.04 21.1% $265,466 $684,500 $569.166 $1,519,131 u $8.212
Total / Average 610 875 1.43 100.0% $1,255,581 $3,237,500 $2,691,999 $9,175,961 -
GAPublie \Yo,kvi11*U0t1a1Y0D402 Fox Road VMar Sy- Exkmaion Am1yaiaGV1SSATab4at(Dav,1o1 -r t Fudnp S-xy (W BP-PRV Raapi).xlalWatar
POTENTIAL MAXIMUM RECAPTURE /RECOVERY AMOUNT SUMMARY
Less Water Less Maximum Recovery Total Single Recovery Maximum
Off -site Water Main Project 1 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,BB0 Silver Fox 172 $4.512 $775.981
2.0 MG EWST $3,815,500 Evergreen Farm 77 $4,512 $347,387
Supply, Treatment, b 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 $680,081 - $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 $1,990,881 $3,947,580 $4,512 .
ENGINEERING ENTERPRISES, INC.
SUGAR GROVE, IL
Exhibit AAA - 4: Transportation Improvements Funding Distribution 613106
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 (DUI (DU /Acre) Total DU At $2,0001 DU Cost per DU
Silver Fox 103 172 1.67 19.7% $344,ODO $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
Chatty Fann 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% $1750,000
G:1Pub11dYorkv11102004tY00402 Fox Road Water System Extenslon Anelysis%Eng%SSA Tables\WO Me and GS - W Cty Fundingt]Devalepment Funding Summary (WO Me d W Cty Funding).als]Transportation
POTENTIAL MAXIMUM RECAPTURE/RECOVERY 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. Aw. $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)
Pavillion/Fox 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 — — — ` otal: 875 — ($221,451)
Pavilion Road (30% Regional Share) $252,289 $252,289 — $434
Pavilion Road (70% Adjacent Share) $588,673 — — —
Total (Silver,Chally,York): $1,099,725 $1,162,000 ($62,275) ($107)
Total (Evergreen): $406,648 $154,OOD ($41,669) ($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 ar3roe
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 $2,0001 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 $6,308
Evergreen Fann 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
Chally Fans 154 224 1.45 25.6% $542,542 $448.000 $493,709 $1,484,251 $6.626
York Wood Estates 178 185 1.04 21.1% $628,151 $370,000 $407,751 $1.405,901 $7,599
Total /Average 610 875 1.43 100.0% $2,149,030 $1,750000 $1,928,550 $5,827,580 —
G:tPub11MYarW1W200etY00402 Fax Road Water System Extension AmdysislEng%SSATabiestWO Me and GS- W City FundingQDevelopment Funding Summery (WO MB 3 W City Funding).alslSarteary AS & W City Funding)x/slSonbary Summary (WO Me S W City Funding).AslSanftary
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 $3,5231 Acre At $2,0001 DU Amount D.U. Development Units (DU) D.U. Amount
Contract Nos.1 + 2 $5,627,580 $2,149,030 $1,750,000 $1,928,550 $2.204 Silver Fox 172 $2,204 $379,098
Total I Average $5,827,580 $2,149,030 $1,750,000 $1,926,550 $2,204 Evergreen Farm 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 W31DS
SW INFRASTRUCTURE FUNDING
United City of Yorkville, Kendall Co., IL
Total Single Water Impr. Transportation Impr. Sanitary Impr. Stormwater Planning TOTAL ALL
Family Dwelling Density Percent of Subtotal Front FundinE Subtotal Front Fundin£ Subtotal Front FundlnE Subtotal Front Fundlnc Total Front FundinE
Funding Entity Acreage Units (DU) (DU/Acre) 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 $ 6,644 $ 6,644 $ 2,945,299 $ 189,436
Evergreen Farm 49 77 1.57 8.8% $ 632,287 $ 43,063 $458,488 $ 27,107 $ 496,339 $ 27,680 $ 2,974 $ 2,974 $ 1,590,089 $ 100,825
Aspen Ridge Estates 126 217 1.72 24.8% $ 1,781,900 $ 121,360 $756,945 $ 44,752 $ 1,356,178 $ 75,633 $ 8,382 $ 8,382 $ 3,903,406 $ 250,127
Chally Farm 154 224 1.45 25.6% $ 1,839,381 $ 125,274 $ 574,799 $ 33,983 $ 1,484,251 $ 82,776 $ 8,653 $ 8,653 $ 3,907,083 $ 250,686
York Wood Estates 178 185 1.04 21.1% $ 1,519,131 I $ 103,463 $ 474,723 $ 28,067 $ 1,405,901 $ 78,406 $ 7,146 $ 7,146 $ 3,406,902 $ 217,082
Total 610 875 1.43 100.0% $ 7,185,080 $ 489,353 $ 2,706,319 $ 160,004 $ 5,827,580 $ 325,000 $ 33,800 $ 33,800 $ 15,752,779 -$ 1,008,157
Gaubk%YorkvW20W1Y00102Pox Re.d WaIw Sygm Eat-bo A1Ah W. 1SSAT.b1.V)0 MB.n GB -WOBy F. d.V4D -bp *Fu kq S,o . .. W (VWA0aWaq F.,*q)m)Fro FuWft
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
DRAFT EXHIBIT CCC
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:
Acreaze* 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 CCC
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 Averaee 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
sly 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 /unit
ESTIMATED SOURCES Sources:
AND USES OF FUNDS: Bond Proceeds $20,086,000
Original Issue Discounts' (200,860)
City Funds 1,990,880
Interest Earnings (2) 619.480
22,495,500
Uses:
Improvements 17,743,660
Debt Service Reserve (3) 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.
(2) 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.
(S) Costs of issuance are estimates and subject to change.
DRAFT EXHIBIT CCC
i 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 per 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
(1) 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
I
DRAFT EXHIBIT CCC
redemption. The Bonds will be called in order of maturity.
When the amount on deposit in the Special Redemption Account
equals $1,000, such amount shall be used to redeem Bonds on the
next Interest Payment Date at the redemption prices set forth above.
ACCELERATION: The Indenture does not permit the acceleration of the principal of the
Bonds upon the occurrence of an Event of Default under the
Indenture.
ABATEMENT: Annually on or before the last Tuesday in December, the City shall
adopt an abatement ordinance abating the Special Tax to the extent
monies are on deposit in the Principal and Interest Account of the
Bond Fund and to adjust the levy for prepayment that occurred
during the year.
BOND COUNSEL: Foley & Lardner
UNDERWRITER: William Blair & Company
TRUSTEE: Bank of New York
BILLING AND The County will bill and collect the special service area tax.
COLLECTING:
ADMINISTRATOR: The City will hire David Taussig & Associates as the special service
area administrator (the "Administrator ") to assist the City in the
levy, abatement and collection process.
EXHIBIT DDD
J PRESSUEE ZONE MO.2 OMTH CENTRAL WWII
L_ CURRENT FAC/UTIE,E 1E1? ELEVATION$
Tcu 7w
eSTP1RJhG E: 30fl,pAp idt.
F 1
4ADUND ELEVAIIINS: d6i1 _.�
-SUPPLY: 1,030 GPM KENQALL COU-1 1
FOREST PRESERVE Frf7
= PRE 90NE HQ1 lA(5WTN r§WRA6 Z9N9.
TP1.4 450
- �T41+A4E; ,�44,W4�4n6. _ t rI
- {Ni4U1#4 E4:E�!'A'T74NJ$; 4+iTi•?15 �� - �,
^9UF'P4Y:G46M �•--� A PMY r'I L.EGENO'
RECAPTURE;'RECONERY AREA
Ewa
PRESSURE ZONE NO, 3B GSWTH C"(MAL PONE. yNNlpd[p al1ElAI ig4i� - h
PLdITMMIY
'1
CURRENT FACIL l "AM ELEVATIONS TEll MAIN
.STOR4GE; 9GAL .. ,� -^ 99TIMS"
.WoUlAD ELVATIDHO: 00.713 _ - PRoR49ED11ELL
.SUPPLY: 4GPM
5
E>•165T1N6 --
I BMPM1K lTAT70M � � i i i i+l rF t�#Yq SMtbtk ENt�' � - gG`
�m
g t�.+,tm s s- •.dR1{ES:iU'd*1ZX1NE7 *} , �. ` !�� t + � � � r`y � .'
•T'�L:93R ..
fdlt*,rI54EtlATF9kIQ:?4�•TR4 ,�,.. .. _ �. � _
.4L'"Ly: a qvM 5.: C
t
EXISTING LEGS TNAN 4" WATER MAIN
Ems"N+1, ^WATER MAIN
EYISI WATERMAIN
N A r�� � T.'SI PRBSSURk ZONE.NO.E JSQU'fl6R10.3T ZONET - ti .l`4 �� ( I.— ..�.- . -,,,,, F� -ETIN0 8.
4"' W'AYeft MAIN L,..as. J RREN7 FACILtT'1EE AND ELEY,AIFACINE , - r� :i '� �, .' I ---- FASTING 12" WATER MAIN
.liTCKi.AGE :.9 d: , AL„ r' a f` _ I '
G I8 ER IN
TCL. A [
. v ` � � FW a WA TER MAIN
eL a Sts 6t15 FUTUN,E 9Z' WATER MAIN
•SUPPLY, 0 GPM — FUTURE T5' WATER MAIN
lwAlmom
_._ r ._ t .._� —, � IYIMEti/REat+NIFeGUN4aai'
4
m ,�� r wau. .ea
zc�
( I
1 T� Tt 1M5, Inc. UNITET7 CITY 4F YORKVILLE SOUTHWEST PLANN1E41i ARE RMONAt
fool b m wpd A g
nn>wdt)n R9Ri9s3# a
� N'fS
2 Rai 1 "DALL CWHITY; ILLINOIS >
11 W1 @Y�PEBd
REFER €CAPTURE ARE
or w EMoYs 605-34 E3aC4" –Tee IHIT
va,� -- `.� std � � • � �� �-- -��_._ _��� ��,� I 'F- ►"'' r
EXHIBIT DDD - - kI -�
NENLtCf f l aoo a saga asar
f
LEGEND
RECAPTURWRECOVERY AREA
Rig
te ��� .T � � i �+ " •
j' �^vrra c arch c+sysin cl�nnrc3 r:*. - �•
fErtglnatrlma €nwrpritaas, lnq. UN17EO Garr OF Y4tMMLE SOUTHWEST PANNING AREA REMONAL SMITARY IMPR8JEk1EttTS „
s3a ase NecatrAutt twacrs ,,. _.•.._.__._......._.. 1dEGQ.. �.. ,.. E
”. ECAPTURE AREA . IBIT
EXHIBIT EEE
RECAPTURE AGREEMENT
i
THIS RECAPTURE AGREEMENT ( "Agreement "), is made and entered as of the day of
, 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois
municipal corporation ( "CITY ") and ( "DEVELOPER ").
RECITALS:
A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate
development located within the corporate limits of the CITY and commonly known as
( "Subdivision ").
B. DEVELOPER and the CITY have heretofore entered into that certain Annexation
Agreement dated , 2006 ( "Annexation Agreement ") pertaining to the annexation
and development of the Subdivision within the CITY.
i
C. DEVELOPER desires to recapture an allocable share of the costs of constructing
certain of the public improvements for the Subdivision ( "Recapture Items ") which will provide
benefit to other properties ('Benefited Properties ") from the OWNERs of the Benefited
Properties ('Benefited OWNERS ").
D. DEVELOPER and the CITY are desirous of entering into this Agreement to
provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the
Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in
this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties hereto, the parties hereby agree as follows:
I . RECAPTURE ITEMS. The Recapture Items, being elements of the public
improvements to be constructed as a part of the development of the Subdivision, are identified in
Attachment "A" attached hereto ( "Recapture Schedule "). The Recapture Schedule identifies
each Recapture Item and the estimated cost to construct each Recapture Item ( "Estimated Cost ").
DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the
provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in
accordance with applicable ordinances of the CITY.
2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the
Recapture Schedule attached hereto as Attachment "B ". Each parcel of real estate contained
within the Benefited Properties is referred to herein individually as a 'Benefited Parcel ". There
are a total of Benefited Parcels as identified in the Recapture Schedule.
EXHIBIT EEE
3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the
CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated
Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the
Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for
each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the
"Recapture Costs ". The Recapture Costs for each of the Benefited Parcels shall be as identified
in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of
DEVELOPER at the rate of six percent (6 %) per annum from the date the Recapture Item is
completed until the Recapture Cost is paid. All references to Recapture Costs herein shall
include accrued interest owed thereon.
4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect
from the Benefited OWNER of a Benefited Parcel, or any portion thereof, his successors and
assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited
Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and /or
subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a
larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any
of the Recapture Items, whichever shall first occur, the CITY shall collect from such Benefited
OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such
Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or
division by deed) shall be approved or recognized by the CITY or be issued a connection permit
to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable
Recapture Costs, owed by such Benefited Parcel under this Agreement.
5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY
pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as
DEVELOPER may direct by written notice to the CITY, within thirty (30) days following
collection thereof by the CITY. It is understood and agreed that the CITY's obligation to
reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERs as
provided herein, and payments made hereunder shall be made solely out of said funds. This
Agreement shall not be construed as creating any obligation upon the CITY to make payments
from its general corporate funds or revenue.
6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make
all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each
Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the
failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers,
employees and agents, harmless from the failure to collect said fees. In any event, however,
DEVELOPER and /or the CITY may sue any Benefited OWNER owing any Recapture Costs,
hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the
CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and
EXHIBIT EEE
free access to the CITY's books and records pertaining to the subdivision and /or development of
the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY
and any of its agents, officers or employees is made a party defendant in any litigation rising out
of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the
interest of the CITY, and shall further release and hold the CITY harmless from any judgment
entered against DEVELOPER and /or the CITY and shall further indemnify the CITY from any
loss resulting therefrom, except to the extent such loss results from the grossly negligent or
willfully wrongful act or conduct of the CITY or any of its agents, officers or employees.
7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in
this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and
charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs
provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges.
8. TERM This Agreement shall remain in full force and effect for a period of twenty (20)
years from the date hereof, unless sooner terminated by the mutual agreement of the parties
hereto or by the completion of all duties to be performed hereunder. In the event no portion of a
Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no
connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years
following the date of this Agreement, this Agreement, and each and every duty and undertaking
set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further
force and effect as to such Benefited Parcel.
9. LIEN The recordation of this Agreement against the Benefited Properties shall create
and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained
therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such
Benefited Parcel.
10. MISCELLANEOUS PROVISIONS.
A. Agreement: This Agreement may be amended upon the mutual consent of the
parties hereto from time to time by written instrument and conformity with all applicable
statutory and ordinance requirements and without the consent of any other person or
corporation owning all or any portion of the Benefited Properties.
B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure
to the benefit of and be binding upon the successors and assigns of DEVELOPER and
any successor municipal corporation of the CITY.
C. Enforcement: Each party to this Agreement, and their respective successors and
assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in
force and compel performance of this Agreement.
i
EXHIBIT EEE
D. Recordation: A true and correct copy of this Agreement shall be recorded, at
DEVELOPER's expense, with the Kendall County Recorder's office. This Agreement
shall constitute a covenant running with the land and shall be binding upon the Benefited
Properties in accordance with the terms and provisions set forth herein.
E. Notices Any notice required or desired to be given under this Agreement, unless
expressly provided to the contrary herein, shall be in writing and shall be deemed to have
been given on the date of personal delivery, on the date of confirmed telefacsimile
transmission provided a hard copy of such notice is deposited in the U.S. mail addressed
to the recipient within twenty -four hours following the telefacsimile transmission, or on
the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid,
return receipt requested, and addressed as follows:
If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, I160560
Fax: (630) 553 -4350
with a copy to: John Wyeth, Esq.
800 Game Farm Road
Yorkville, I160560
Fax: (630) 553 -4350
If to OWNER
F. Severabilitv: The invalidity or unenforceability of any of the provisions
hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the
validity or enforceability of the remainder of this Agreement or the charges imposed hereunder.
G. Complete Agreement: This Agreement contains all the terms and
conditions agreed upon by the parties hereto and no other prior agreement, excepting the
Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist
to bind the parties. This Agreement shall be governed by the laws of the State of Illinois.
H. Captions and Paragraph Headings: Captions and paragraph headings
incorporated herein are for convenience only and are not part of this Agreement, and further
shall not be used to construe the terms hereof.
EXHIBIT EEE
L Recitals and Exhibits: The recitals set forth at the beginning of this
Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and
made a part of the substance hereof.
J. Enforceability: This Agreement shall be enforceable in the Circuit Court
of Kendall County by any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
EXHIBIT EEE
W. \CURRENT PROJECTS \YORK WOOD ESTATESWNNEXATION AGREEMENTWORK WOOD ESTATES ANNEXATION
1 '. AGREEMENT FINAL DRAFT.DOC
6/112006
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the
date first above written.
DEVELOPER: CITY:
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By: By:
Mayor
Title: President
Attest:
Dated: CITY Clerk
i
A -1