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City Council Packet 2006 01-10-06 �,�tiD CITY ,� United City of Yorkville 800 Game Farm Road EST. 1 .1836 Yorkville, Illinois 60560 La Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,January 10,2006 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IN Paul James Valerie Burd Marty Maims Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoe: Technology Committee 7:00 p.m., Monday, February 6, 2006 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, January 19, 2006 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, February 2, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, January 12, 2006 City Hall Conference Room Presentations: 1. Commendation—Officer Steve Bozue, Detected Fire 2. Commendation—Officer Patrick McMahon, Investigation of Motor Vehicle Thefts /Burglary 3. Commendation—Sergeant Richard Hart, Hurricane Relief Effort for ILEAS Team Deployment 4. Appreciation Plaque—Citizens Police Academy Alumni Association City Council Meeting Agenda January 10,2006 Page 2 Public Hearings: 1. Tanglewood Development Corporation and Evergreen Farm Estates, LLC request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One- Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 48.8 acres at the Northeast and Southeast corners of Fox Road and Pavillion Road, Kendall Township, Kendall County,Illinois. 2. Midwest Development, LLC request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 102.75 acres on Fox Road East of High Point Road,Kendall Township, Kendall County, Illinois. Citizen Comments: Consent Agenda 1. EDC 2005-08 Building Permit Report for October 2005 2. PW 2006-01 Rob Roy Creek Interceptor(East Branch Contract Nos. 1 &2)—Construction Inspection Contract-award to Walter E. Deuchler Associates in an amount not to exceed$165,000.00 and authorize Mayor and City Clerk to execute 3. PW 2006-02 Rob Roy Creek Interceptor(East Branch Contract Nos. 1 &2)—Construction Contracts - concur with Centex Homes to award East Branch Contract 41 to Pirtano Construction in an amount not to exceed$1,449,964.50 and to award East Branch Contract#2 to Pirtano Construction in an amount not to exceed$913,330.00 4. PW 2006-03 IDOT Highway Permit and Resolution—Rob Roy Creek Interceptor(Contract No. 6) - authorize Mayor and City Clerk to execute Plan Commission /Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—None Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,141,645.33 (vendors) $ 167,576.34 (payroll period ending 12/24/05) $ 1,309,221.67 (total) City Council Meeting Agenda January 10, 2006 Page 3 Reports: Mayor's Report: 1. COW 2005-04 Ordinance Amending City Code Title 2 Adding a New Chapter 9 Regarding Formation of a Senior Advisory Commission 2. COW 2005-02 Ordinance Amending City Code Title 1 —Administration, Chapter 6—Municipal Officers and Employees New Article "D"City Administrator Regarding City Administrator Ordinance 3. ADM 2005-23 Resolution Establishing the Job Description for the Position of City Administrator 4. Resolution Accepting Final Report for Yas Downtown Vision Plan and Municipal Facilities Plan 5. Resolution in Support of CUSD #115'S March 21, 2006 School Referenda 6. Due to Martin Luther King, Jr. Holiday, Committee of the Whole packets will be distributed on Thursday, January 12, 2006 City Council Report: City Attorney's Renort: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks &Recreation Repo Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2005-43 Laniosz Property— 10701 Route 71 —Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. City Council Meeting Agenda January 10,2006 Page 4 Additional Business: Adjournment: COMMITTEES,MEMBERS AND RESPONSIBILITIES F/Y 2005 -2006 IP_UBLIC Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James �CONONIIC DEVELOPMEN�Ij ---------------------- ------------------ - — Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development [PUBLIC SAFETY _ Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. _ Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie AMINISTRATION --- __ ---- - Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd -H0C: TEC OLOGI Committee=====____ DnDa � � THIS DOCUMENT PREPARED BY: John P. Martin Huck Bouma PC 1755 South Naperville Road Suite 200 Wheaton, Illinois 60187 (630) 221-1755 ANNEXATION AGREEMENT This annexation agreement (the "Agreement"), is made and entered into this_day of , 2005 by and among the United City of Yorkville, an Illinois municipal corporation located in Kendall County, Illinois (the "City") and EVERGREEN FARM ESTATES LLC, a Illinois limited liability company (the "Owner") (The City and Owner are hereinafter collectively referred to as "Parties" and individually referred to as a "Party"). RECITALS A. Owner is the owner of record of approximately 49 acres of real property located generally at the intersection of Fox and Pavillion Roads in Kendall County, Illinois, which property is legally described on Exhibit A, attached hereto ("Property"). B. The territory that is the subject matter of this Agreement includes the Property and the right-of-way of Fox and Pavillion Roads adjacent to the Property. Said territory is depicted and legally described on the Plat of Annexation attached hereto as Exhibit B. C. The Parties desire to enter into this Agreement pursuant to the provisions of Section 11-15.1-1 et seq. of the Illinois Municipal Code, III. Rev. Stat., Ch. 24, and Para. 11-15.1-1 et seq. (1987), in accordance with the terms and conditions hereinafter set forth. D. The Property is not presently within the corporate limits of any municipality. E. Owner seeks to annex the Property to the City and to improve the Property with a residential use in accordance with the preliminary plat of subdivision attached hereto as Exhibit C ("Preliminary Plat"). F. The City has agreed to annex the Property, to zone the Property as described in the Preliminary Plat, to approve the Preliminary Plat, and to grant the variations hereinafter described in order to facilitate Owner's improvement of the Property in accordance with the Preliminary Plat. C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKRAnnexation Agreement#2.doc G. Owner has filed with the City Clerk a proper Annexation Petition ("Annexation Petition") pursuant to Section 7-1-8 of the Illinois Municipal Code, III. Rev. Stat. Ch. 24, and Para. 7-1-8 (1987); there are no electors residing thereon. H. Pursuant to the applicable provisions of the Illinois Municipal Code, a proposed Annexation Agreement similar in substance and in form to this Agreement was submitted to the Mayor and City Council of the City ("Corporate Authorities") and a public hearing was held thereon pursuant to notice, as provided by statute. I. Pursuant to notice, as required by statute and ordinance, public hearings were held by the City Plan Commission on the requested zoning of the Property, the requested approval of the requested zoning, the requested approval of the Preliminary Plat and the requested approval of the variations hereinafter described, and the findings of fact and recommendations made by said body relative to such requests have been forwarded to the Corporate Authorities. J. Due and proper notice of the proposed annexation will be given to the Trustees of Kendall Township, the Kendall Township Commissioner of Highways and the Bristol/Kendall Fire Protection District will be given more than ten (10) days prior to any action being taken on the annexation of the Property, said notice to be given by the City. K. All other and further notices, publications, procedures, public hearings and other matters attendant to the consideration and approval of this Agreement and the annexation and zoning of the Property have been given, made, held and performed by the City as required by Section 7-1-8 and Section 11-15.1-1 et seq. of the Illinois Municipal Code, III. Rev. Stat. Ch. 24, Paras. 7-1-8 and 11-15.1-1 et seq. (1987), and all other applicable statutes, and all applicable ordinances, regulations and procedures of the City. This Agreement is made and entered into by the Parties pursuant to the provisions of Section 11-15.1-1 et seq. of the Illinois Municipal Code. L. The Corporate Authorities have duly considered all necessary petitions to enter into this Agreement, have considered the recommendations of the City Plan Commission in connection with the proposed zoning of the Property and have further duly considered the terms and provisions of this Agreement and have, by a resolution duly adopted by a vote of two-thirds (2/3) of the Corporate Authorities then holding office, authorized the Mayor to execute, and the City Clerk to attest, this Agreement on behalf of the City. M. Owner has expended substantial sums of money and has materially altered its position in reliance upon the execution of this Agreement and the performance of its terms and provisions by the City. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein made, the Parties hereby agree as follows: ARTICLE I RECITALS The Parties acknowledge that the statements and representations contained in the foregoing recitals are true and accurate and incorporate such recitals into this Agreement as if fully set forth in this Article I. C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKFVAnnexation Agreement#2.doc ARTICLE II ANNEXATION OF THE PROPERTY On or before the fifteenth (15th) day following the existence of contiguity of the Property with the City, the Corporate Authorities shall proceed, subject to the terms and conditions set forth in this Agreement, to do all things necessary or appropriate to cause the Property to be validly annexed to the City. All ordinances, plats, affidavits and other documents necessary to accomplish annexation shall be recorded by the City at Owner's expense. ARTICLE III ZONING AND DEVELOPMENT OF THE PROPERTY A. At the same meeting of the Corporate Authorities at which annexation of the Property to the City is accomplished, the Corporate Authorities shall enact such ordinances, adopt such resolutions, and take such other actions as are necessary to: (i) Zone the Property as R-2 Residential; (ii) Approve the Preliminary Plat of Subdivision for the Property; and (iii) Grant the following variations for the Property: ARTICLE IV CODES AND ORDINANCES; FEES A. To the extent of any conflict, ambiguity or inconsistency between the terms, provisions or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, the Subdivision Control Ordinance, as hereinafter identified, or any other City code, ordinance or regulation, the terms, provisions and standards of this Agreement shall govem and control. B. All codes, ordinances, rules and regulations of the City in effect as of the date hereof shall continue in effect, insofar as they relate to the development of the Property, during the entire Term of this Agreement, except as otherwise provided herein and except to the extent of amendments mandated by State or Federal requirements. All codes, ordinances, rules and regulations of the City in effect as of the date hereof which relate to building, housing, plumbing, electrical and related restrictions affecting development of the Property shall continue in effect, insofar as they relate to the development of the Property, during the entire Term of this Agreement, except as otherwise provided herein and except to the extent that said codes, ordinances, rules and regulations are amended on a general basis so as to be applicable to all property within the City, for purposes of directly furthering the public health and safety. Any code amendment pursuant to this paragraph shall be affective upon the Property not less than one hundred eighty (180) days after passage. C. No fee or charge of any description shall be imposed upon Owner or upon the development and use of the Property unless, as of the date of this Agreement, such fee or charge is in existence and being collected by the City on a uniform basis from all owners, users and developers of property within the City. The City shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees or user fees during the Term of this Agreement unless such increases are: (i) made generally applicable to all owners, users and developers of property within the City; and (ii) C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKF1Annexation Agreementf 1doc such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. All building permit and building inspection fees for any improvement constructed upon the Property shall be due and payable upon issuance of a building permit for that improvement. ARTICLE V SEWER, WATER AND OVERSIZED UTILITIES (a) The Property is within the City's Facility Planning Area (FPA) as determined by the Illinois Environmental Protection Agency (IEPA). At the time of development, the City will provide sewer facilities for sufficient sanitary sewer capacity for the Property. The term "sewer facilities" shall include all sewer lines (other than those sewer lines customarily installed in the development), life stations, sewer plants, treatment facilities and any other equipment and/or structures installed or built to treat or transmit sewage from the Subject Property. (b) If at the time that this Agreement is executed a portion of the Property is not located within the City's FPA, the City agrees to Petition all applicable authorities to add such portion of the Property to the City's FPA. (c) The City will provide municipal water facilities and service. The term "water facilities" as used in this paragraph shall not apply to the customary on-site improvements ordinarily put in by the Owner in connection with the development (i.e. distribution lines within the development, etc.). The type of items to be included in the definition of water facilities are storage facilities, wells, pumps, pump houses, water towers, off-site mains and piping. (d) Owner shall install water, sewer mains and storm water detention areas within and upon the Property of such size and depth as required by the City. To the extent the City requires such utilities to be larger and/or at a depth greater than that otherwise required to serve the Property according to good and customary engineering practices, the City agrees to reimburse (or credit pursuant to paragraph 13 (f) to Owner within sixty (60) days from the date the City Engineer concurs with the certification of Craig R. Knoche & Associates Civil Engineers (the "Project Engineer '), or successor Project Engineer, of the additional or different material purchase or construction costs incurred by the Owner for such oversized and/or deeper utilities. The certification by the Project Engineer, or successor Project Engineer, shall include (a) a calculation of the increase in costs incurred by Owner, based upon the difference in the bid cost for the required sized to serve the property and the cost for the size and depth of utilities desired by the City; (b) accompanied by evidence that such utilities have been fully paid for and are not subject to any mechanics or other liens; and (c) a statement that all of said utilities were constructed in a good and workmanlike manner according to the Preliminary Plat, City Ordinance and good engineering and construction practices. ARTICLE VI SUBDIVISION OF THE PROPERTY No public hearing shall be required for the approval of any final subdivision plat. C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKF\Annexation Agreement#2.doc ARTICLE VII EXCAVATION, GRADING AND PREPARATION OF THE PROPERTY FOR DEVELOPMENT Owner shall have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake demolition of structures, excavation, preliminary grading work, filling and soil stockpiling on the Property in preparation for the development of the Property on submittal of a grading plan and soil erosion and sedimentation control plan to the City, which plans shall be reasonably satisfactory to the City Engineer. Such work shall be undertaken at Owner's sole risk and without injury to the property of surrounding property owners. No letter of credit, bond or other security shall be required by Owner as a condition precedent to the commencement of such work. ARTICLE VIII BUILDING PERMITS The City shall issue building permits for which the Owner applies within ten (10) days of receipt of application therefor or within ten (10) days of the City's receipt of the last of the documents required to support such application. If the application is denied, the City shall provide the Owner with a written statement specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall issue such building permits upon the Owner's compliance with those requirements. The Owner may apply for building permits for portions of the Property after approval of the Subdivision Plat for said portion of the Property, notwithstanding the fact that recordation of said Plat has not yet occurred and prior to the availability of storm sewer, sanitary sewer and potable water service to such portion of the Property. Notwithstanding the foregoing, no occupancy permits shall be issued for such portions of the Property until the availability of such utilities is demonstrated. ARTICLE IX CERTIFICATES OF OCCUPANCY The City shall issue certificates of occupancy to the Owner within two (2) working days of application therefor, or issue a letter of denial within said period informing Owner specifically as to what corrections are necessary as a condition to the issuance of a certificate and quoting the section of any applicable code, ordinance or regulation relied upon by the City in its request for correction. Owner's inability, due to adverse weather conditions, to install driveways, service walks, public sidewalks, stoops, landscaping and final grading, shall not delay the issuance of a temporary certificate of occupancy. The City shall have the right to require the posting of security, on issuance of such temporary certificate of occupancy, in order to ensure completion of such uncompleted items. Temporary certificates of occupancy shall also not be delayed in the event adverse weather conditions prevent construction of final surface courses on private drives. ARTICLE X MODELS; SALES OFFICES; SIGNAGE Owner shall have the right, after approval by the City Engineer of the engineering relating to each Subdivision Plat, but prior to City Council approval of any Final Subdivision Plat, to construct model homes, sales and construction trailers, and other appurtenant facilities, including any construction and advertising signs, and temporary sanitary facilities (i.e., holding tanks, not septic fields) and water facilities (i.e., shallow wells) in advance of said Plat improvements and facilities and the City's final approval thereof. C1Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKF\Hnnexation Agreement#2.doc Within thirty (30) days after completion of the sanitary sewer and water systems for any portion of the Property for which a Final Plat has been approved, Owner, at its expense, shall remove all holding tanks and cap all shallow wells serving the model homes in said area and connect them to the sanitary sewer and water systems serving such portion of the Property, in accordance with applicable statute, ordinance and regulation. No occupancy permit for final residency shall be issued for any model homes until they are connected to the public water supply and sanitary sewer systems. ARTICLE XI COVENANTS Prior to issuance of any occupancy permit for any structure on the Property, except as set forth in Article X above, Owner agrees to submit the Property to covenants for management and control of the common area developed on the Property. A copy of the covenants will be provided to the City by the Owner prior to their recordation. ARTICLE XII ANNEXATION, RECAPTURE AND IMPACT FEES, DONATIONS AND CONTRIBUTIONS A. City represents that no annexation fees are payable by Owner as a result of the annexation of the Property to the City. B. City has adopted City Ordinance No. 96-3, last amended by City Ordinance No. 2005-3 which establishes the City policy with respect to contributions to be made by developers of real estate being annexed to the City to the City and School District. Pursuant to said Ordinance, Owner agrees to make the following contributions to the enumerated units of local government having jurisdiction over the Property: Schedule of Contributions Per Residential Unit for City and School District Park..............................................................$2,756.00 School.............................................................4.392.00 TOTAL..........................................................$7,148.00 In the event Owner independently reaches agreement with any of said units of local government with respect to contributions, the amount set forth above shall be adjusted to reflect such agreement. The foregoing computation assumes construction of all four-bedroom residences; the actual contributions will be paid upon issuance of building permits for each residence and, to the extent the size of the actual residence being constructed differs from the above assumption, that contribution will be adjusted. Except as set forth in this Article XII (and except for tap-on, inspection and other fees provided for elsewhere in this Agreement), no impact fees, donations or contributions shall be due or payable, and Owner shall not be liable for payment of any such fees, donations or contributions, in connection with the development of the Property. CADocuments and Settings\Liz\Local Settings\Temporary Internet Files\OLKRAnnexation Agreement#2.doc C. City warrants and represents that no recapture fees are due and payable to any person or entity as a result of the annexation of the Property to the City or as a result of connection to any utility improvements serving the Property. ARTICLE XIII SECURITY FOR PUBLIC IMPROVEMENTS Security to be provided by Owner for public improvements benefiting an individual phase of development within the Property shall be provided prior to the commencement of construction on such individual phase and shall be in accordance with the terms of this Agreement and applicable City ordinances, as modified by this Agreement. Owner shall provide such security in the form of a cash escrow, bond or irrevocable letter of credit. Bonds and letters of credit shall be in a form approved by the City Attorney and be issued by an entity approved by the Corporate Authorities. The amount of security posted with the City shall at all times equal one hundred ten percent (110%) of the cost of completing required public improvements. Such security shall be reduced by the City from time to time, as public improvements within the Property are completed and approved by the City Engineer and prior to their acceptance of such improvements by the City. ARTICLE XIV CONTINUATION OF CURRENT USES Portions of the Property are presently being used for farming and general agricultural uses. In reviewing the Annexation Petition and this Agreement, the City has given due consideration to the continuation of such current uses. Accordingly, and notwithstanding any provision of the City Code, the Zoning Ordinance, or any other code, ordinance or regulation, now in effect or adopted during the Term of this Agreement, and notwithstanding the City's zoning of the Property pursuant to the terms hereof, the current uses of the Property shall be permitted to continue. ARTICLE XV MUTUAL ASSISTANCE A. The Parties shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms and objectives of this Agreement and the intentions of the Parties as reflected by said terms, including, without limitation, the giving of such notices, the holding of such public hearings, the enactment by the City of such resolutions and ordinances and the taking of such other actions as may be necessary to enable the Parties' compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the terms and objectives of this Agreement and the intentions of the Parties as reflected by said terms. B. The Parties shall cooperate fully with each other in seeking from any or all appropriate governmental bodies (whether Federal, State, County or local) financial or other aid and assistance required or useful for the construction or improvement of property and facilities in and on the Property or for the provision of services to residents of the Property, including, without limitation, grants and assistance for public transportation, roads and highways, water and sanitary sewage facilities and storm water disposal facilities. C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKFWnnexation Agreement#2.doc ARTICLE XVI REMEDIES A. Upon a breach of this Agreement, any of the Parties, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance or both, or may obtain rescission and disconnection for material failure of performance. No action taken by any party hereto pursuant to the provisions of this Article XVI or pursuant to the provisions of any other Article of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to any party at law or in equity. B. In the event of a material breach of this Agreement, the Parties agree that the party alleged to be in breach shall have thirty (30) days after written notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same). C. If any of the Parties shall fail to perform any of its obligations hereunder, and the party affected by such default shall have given written notice of such default to the defaulting party, and such defaulting party shall have failed to cure such default within thirty (30) days of such default notice (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (including attorneys' fees and litigation expenses) incurred by it in connection with action taken to cure such default. D. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. E. If the performance of any covenant to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include acts of God, war, acts of civil disobedience, strikes or similar acts), the time for such performance shall be extended by the amount of time of such delay. ARTICLE XVII SPECIAL ASSESSMENTS AND TAXATION Without the prior written consent of Owner, the City shall not: (a) levy against any real or personal property within the Property, any special assessment or special tax for the cost of any improvements in or for the benefit of the Property; or CADocuments and Settings\Liz\Local Settings\Temporary Internet Files\OLKF\Annexation Agreement#2.doc (b) undertake any local improvements in, on or for the benefit of the Property pursuant to the imposition of a special assessment or special tax against the Property, or any portion thereof, or (c) levy or impose additional taxes on the Property, in the manner provided by law for the provision of special services to the Property or to an area in which the Property is located or for the payment of debt incurred in order to provide such special services. Nothing in this Article XVII shall prevent the City from levying or imposing additional taxes upon the Property in the manner provided by law, which are applicable to and apply equally to all other properties within the City. ARTICLE XVIII TERM This Agreement shall be binding upon the Parties and their respective successors and assigns for twenty (20) years, commencing as of the date hereof, and for such further term as may hereinafter be authorized by statute and by City ordinance. If any of the terms of this Agreement, or the annexation or zoning of the Property, is challenged in any court proceeding, then, to the extent permitted by law, the period of time during which such litigation is pending shall not be included in calculating said twenty (20) year period. The expiration of the Term of this Agreement shall not affect the continuing validity of the zoning of the Property or any ordinance enacted by the City pursuant to this Agreement. ARTICLE XIX MISCELLANEOUS A. Amendment. This Agreement, and the exhibits attached hereto, may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the City approving said amendment as provided by law and by the execution of said amendment by the Parties or their successors in interest. B. Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement, and to that end, all provisions, covenants, agreements and portions of this Agreement are declared to be severable. If for any reason the annexation or zoning of the Property is ruled invalid, in whole or in part, the Corporate Authorities, as soon as possible, shall take such actions (including the holding of such public hearings and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit and intent of this Agreement and the objectives of the Parties, as disclosed by this Agreement, provided that the foregoing shall be undertaken at the expense of the Developer. C. Entire Agreement. This Agreement sets forth all agreements, understandings and covenants between and among the Parties. This Agreement supersedes all prior agreements, negotiations and understandings, written and oral, and is a full integration of the entire agreement of the Parties. D. Survival. The provisions contained herein shall survive the annexation of the Property and shall not be merged or expunged by the annexation of the Property to the City. CADOCUments and Settings\Lii\Local Settings\Temporary Internet Files\OLKHAnnexation Agreement#2.doc E. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, successors of the Owner and Developer and their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities, and shall constitute a covenant running with the land. This Agreement may be assigned without City approval, and upon said assignment and acceptance by an assignee, the assignor shall have no further obligations hereunder. If a portion of the Property is sold, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement (excluding rights of recapture) which affect the portion of the Property sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the Property conveyed. F. Notices. Any notice required or permitted by the provisions of this Agreement shall be in writing and sent by recognized overnight courier or personally delivered, to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: If to City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Fax (630) 553-7575 Attention: City Manager If to Owner: EVERGREEN FARM ESTATES LLC c/o Tanglewood Real Estate Development Corporation 1 N 303 LaFox Road P. O. Box 139 LaFox, Illinois 60147 (630) 761-2010 Fax (630) 761-0038 With a copy to: John P. Martin Huck Bouma PC 1755 South Naperville Road, Suite 200 Wheaton, Illinois 60187 (630) 221-1755 Fax (630) 221-1756 Notices shall be deemed given on the second (2"d) business day following delivery by overnight courier and upon receipt, if personally delivered. G. Time of Essence. Time is of the essence of this Agreement and of each and every provision hereof. H. City Approval. Wherever any approval or consent of the City, or of any of its departments, officials or employees, is called for under this Agreement, the same shall not be unreasonably withheld or delayed. [Signature Page Follows] C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKFWnnexation Agreement#2.doc IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Mayor ATTEST: City Clerk OWNER: EVERGREEN FARM ESTATES LLC, TANGLEWOOD REAL ESTATE DEVELOPMENT CORPORATION, an Illinois corporation, managing member By: Its: Attest: Its: STATE OF ILLINOIS ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the Mayor of the United City of Yorkville, an Illinois municipal corporation and personally known to me to be the City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 2005. Notary Public CADocuments and Settings\Llz\local Settings\Temporary Internet FilesNOLKFAnnexation Agreement#2.doc STATE OF ILLINOIS ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the of Tanglewood Real Estate Development Corporation, an Illinois corporation and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Managing Member he signed and delivered the said instrument pursuant to authority given by Members of the company, as his free and voluntary act, and as the free and voluntary act and deed of said company, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 20_. Notary Public CONSENT OF MORTGAGEE Bank, a(n) organized and existing under the laws of the State of holder of a Mortgage dated - and recorded as Document Number covering the subject property, hereby consents to the execution and recording of the within Annexation Agreement and agrees that said Mortgage is subject and subordinate thereto. IN WITNESS WHEREOF, the Bank has caused this instrument to be signed by it's duly authorized officers on its behalf at , Illinois, on this day of 12005. Bank By: Its: ATTEST: By: Its: CADocuments and Settings\Liz\Local Settings\Temporary Internet Files\OLKFAnnexation Agreement4ldoc SCHEDULE OF EXHIBITS Exhibit A: Legal Description Exhibit B: Plat of Annexation Exhibit C: Preliminary Plat C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKF\Annexation Agreement#2.doc D ° a � �i REV. 12/12105 I ANNEXATION AGREEMENT(Silver Fox Woods Subdivision) THIS ANNEXATION AGREEMENT("Agreement'), is made and entered as of the day of January, 2006 by and between MIDWEST DEVELOPMENT, LLC an Illinois Limited Liability Company (collectively, "OWNER/DEVELOPER'), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER/DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER/DEVELOPER is the owner of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER/DEVELOPER desireto annexthe SUBJECT PROPERTY to the CITY for the purposes of developing a residential known as Silver Fox. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNER/DEVELOPER desire to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. D. OWNER/DEVELOPER propose that the SUBJECT PROPERTY be rezoned under the R-2 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance"), to be developed with detached single-family residences within the SUBJECT PROPERTY consisting of approximately one hundred (100) acres, legally described in Exhibit "A" attached hereto, all as depicted on the Preliminary Plat attached hereto and incorporated herein as Exhibit "B" E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on February 17th, 2005, City Council conducted the public hearing on the annexation agreement on January 10th, 2006. F. The CITY and OWNER/DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNER/DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A and B" in conformance with the United City of Yorkville Comprehensive Plan with open spaces totaling over approximately 22.42 acres interspersed throughout the development and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER/DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNER/DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNER/DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary Plat, attached hereto as Exhibit "B" and agree that the annexation, zoning and plan for the SUBJECT PROPERTY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance")with 172 residences, all as shown on the Preliminary Plat attached hereto as Exhibit "B", provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural use shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. OWNER/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 Preliminary Plat (Exhibit "B '). 3. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER/DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNER/DEVELOPER within their respective parcels (Utilities and Public Improvements) except as otherwise provided in this Agreement. In addition, the CITY agrees that, at OWNER/DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by OWNER/DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of OWNER/DEVELOPER. The CITY shall not be obligated to incur any acquisition cost not approved by OWNER/DEVELOPER. 4. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, AND FUNDING MECHANISMS. A. The CITY represents to OWNER/DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNER/DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER/DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNER/DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 5(B) arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. C. The CITY represents to OWNER/DEVELOPER that OWNER/DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, OWNER/DEVELOPER shall be responsible to pay sewer and water connection fees. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNER/DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development as are required by applicable ordinances of the CITY. The OWNER/DEVELOPER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments 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 Development. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements of Development, and acceptance by the City Council upon recommendation by the City Engineer, OWNER/DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNER/DEVELOPER's completion thereof for the Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-built plans. C. Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNER/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. 6. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5)years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER/DEVELOPER during said five (5)year period. The CITY shall give the OWNER/DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the 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, 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 express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by OWNER/DEVELOPER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing,amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER/DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNER/DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 7. BUILDING CODE; BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit "C". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations,which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER/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. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries,then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER/DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNER/DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNER/DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. B. The CITY shall act upon each application for a building permit for which OWNERS/DEVELOPER, ortheirduly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the approved final plat and approved final engineering for the development within the SUBJECT PROPERTY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNER/DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS/DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. D. Subject to the provisions of Section 11 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 8. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). 9. FEES AND CHARGES. A. During the first five (5)years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER/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 are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". At the expiration of this five (5) year term, the CITY shall give the OWNER/DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITYwill provide OWNER/DEVELOPER with notice thereof and OWNER/DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty(30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNER/DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNER/DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY forwhich such fee was prepaid. For fees charged on a per residential unit basis, OWNER/DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by OWNER/DEVELOPER) of units. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNER/DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 10. CONTRIBUTIONS. The CITY shall not require the OWNER/DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions as outlined below to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development in the manner provided for under this Agreement. Yorkville Parks and Recreation Department: Land Donation: 3.00 Acres as depicted on the Planned Unit Development Plan Cash Donation:. Payable at the time of issuance of each building permit at the rate of $1,604.65 per detached single family home Yorkville Community School District: Land Cash Fee: Owner/Developer agrees to pay, in lieu of land, a cash donation of $822,242.56 in satisfaction of the land cash fee to the School District per the ordinances. Said contribution shall be paid 100% at the time of issuance of each building permit in the amount of $4,780.48 per single family dwelling. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit, OWNER/DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at not more than two (2) locations at any time within the corporate limits of the CITY as OWNER/DEVELOPER may designate (individually an "Offsite Sign" and collectively the"Offsite Signs")subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNER/DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, OWNER/DEVELOPER shall be permitted to construct, maintain and utilize signage as identified in Exhibit"D" attached hereto and shall be permitted as a permanent sign at the entry of residential neighborhood. 13. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period (subsequent to final plat approval), OWNER/DEVELOPER, and such other persons or entities as OWNER/DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers staffed with OWNER/DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for Silver Fox. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off-street parking shall be required for model homes when more than five(5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to five (5) dwelling units, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letterto the CITY and the Bristol-Kendall Fire Protection District.)A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300'of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. OWNER/DEVELOPER may locate temporary sales and construction trailers during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of building permits for all units. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNER/DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. OWNER/DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively"Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. OWNERMEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units as the Final Plat and Final Engineering is approved by the CITY. 14. 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 OWNER/DEVELOPER for development purposes. Said trailers shall be removed respectively, within thirty(30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 15. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY within five (5) working days after proper application therefor or within five (5) working days afterthe receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNER/DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understanding: if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; Notwithstanding the foregoing, if the provision above applies but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent(110%) of the amount estimated by OWNER/DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNER/DEVELOPER on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within the SUBJECT PROPERTY. 16. 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 dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Concept Plan. 17. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNER/ DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel thereof at the sole risk and cost of OWNER/DEVELOPER prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3)the preliminary subdivision plat upon which the improvements are being constructed has been approved by the CITY; (4)the IEPA and the sanitary district that will serve the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNER/DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNER/DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(B). B. The CITY shall issue permits to OWNER/DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERMEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNER/DEVELOPER to authorize the commencement of construction and installation of building foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNER/DEVELOPER have provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at OWNERMEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural and nursery uses as interim uses until the relevant portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 18. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the OWNER/DEVELOPER agrees to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. OWNER/DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided, and other obligations as determined at the time of final platting and as referenced in this Agreement. 19. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNER/DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units. A maintenance easement shall be established over all of the Common Facilities located on the final plat for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. B. Dormant Special Service Area. DEVELOPER agrees to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage. 20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNER/DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plat, the CITY shall fully cooperate with OWNER/DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER/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 shall fully cooperate with OWNER/DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNER/DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER/DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. 21. DISCONNECTION. OWNER/DEVELOPER shall develop the SUBJECT PROPERTY as a development to be commonly known as Silver Fox in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER/DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 22. 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. 23. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER/DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER/DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY. 24. ADDRESSES. Within fourteen (14) days after the final plat of subdivision is approved, CITY will provide OWNER/DEVELOPER with the addresses of all lots for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 25. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion of the SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning maybe applied for and processed by the CITY without requiring an amendment of this Agreement. 26. "RIGHT TO FARM" LANGUAGE. The OWNER/DEVELOPER of the property acknowledges that 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(zoning indicatorA-1 orAg Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNER/DEVELOPER of the property agree to incorporate the"Right to Farm"language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 27. RESPONSIBILITIES OF OWNERIDEVELOPER. The CITY agrees that the OWNER/DEVELOPER is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein for the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops for such performance. 28. 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 each and every subsequent grantee and successor in interest of the OWNER/DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER/DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNER Midwest Development, LLC DEVELOPER: Yorkville, Illinois 60560Fax: (630) 553- 3024 with copies to: Law Offices of Dallas C. Ingemunson, P.C.226 S. Bridge StreetYorkville, Illinois 60560Attention: Gregg IngemunsonFax: (630) 553-7958 (II) If to CITY: United City of YorkvilleAttn: City Clerk800 Game Farm RoadYorkville, IL 60560Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes(2002 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 from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER/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 effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/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 from the date of execution of this Agreement. 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 OWNER/DEVELOPER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER/DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. 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. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois.Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at anytime,the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER/DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Maor and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the OWNER/DEVELOPER, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect immediately. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: Midwest Development, LLC By: Name: Its UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor Attest: Title: City Clerk LIST OF EXHIBITS EXHIBIT "A": Legal Description and Plat of Annexation of SUBJECT PROPERTY EXHIBIT "B Preliminary Plat EXHIBIT "C": Fee Schedule EXHIBIT "D": Signage EXHIBIT "A" LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY EXHIBIT "B" PRELIMINARY PLAT EXHIBIT "C" FEE SCHEDULE EXHIBIT `VD SIGNAGE ciry. United City of Yorkville Memo J p'" 800 Game Farm Road Ear. , ,. _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 r Fax: 630-553-7575 �x. p KmBACmmry `� 4e `yam Date: January 6, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Senior Advisory Commission, One Year Review Enclosed in your packet for the January 10, 2006 City Council Meeting is the Ordinance establishing the Senior Advisory Commission. Pursuant to the Discussion at COW, the motion to enact the Ordnance is written as follows: 1. A motion to approve an Ordinance Amending City Code Title 2 by adding a new Chapter 9 forming a Senior Advisory Commission as presented subject to final legal review, the status of the Commission shall be reviewed by the City Council in the month of January 2007. (emphasis added for your review) The italicized phrase provides for a review in approximately 12 months. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No.2006- ORDINANCE AMENDING CITY CODE TITLE 2 ADDING A NEW CHAPTER 9 REGARDING FORMATION OF A SENIOR ADVISORY COMMISSION Whereas,the Mayor and Alderman of the United City of Yorkville are aware of and concerned about issues that uniquely impact, effect and are of importance to citizens of advanced age,hereinafter referred to as "Senior Citizens", and Whereas,the Mayor and Alderman recognize that the City can be a leader in addressing issues relating to Senior Citizens, including discussion, application of resources,networking with other public and private agencies, and other actions which generally seek solutions and/or improvements for Senior Citizens, and Whereas,the Mayor and Aldermen believe that a standing commission,to be known as the"SENIOR ADVISORY COMMISSION"can serve the purpose of acting as a clearing house and steering committee to address Senior Citizen related issues, and to work toward such solutions and/or improvements. Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 7—Boards and Commissions, by adding a new Chapter 9 titled: Senior Resources Commission in the form depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting,that Title 7—Boards and Commissions of the City Code of the United City of Yorkville is hereby amended by adding a new Chapter 9—Senior Advisory Commission as depicted on the attached Exhibit"A". This Ordinance shall be effective upon its passage. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 DRAFT Second Draft dated December 28, 2005 EXHIBIT `A' CHAPTER 9 SENIOR ADVISORY COMMISSION 2-9-1: COMMISSION ESTABLISHED: There is hereby established a citizens' commission, which shall be known as the City of Yorkville Senior Advisory Commission, for the purpose of acting as a clearing house and steering committee to address Senior Citizen related issues, and to work toward such solutions and/or improvements. Said Commission shall from time to time report on its activities and make recommendations to the Mayor and City Council. 2-9-2: COMPOSITION; APPOINTMENT; TERMS OF OFFICE: A. The members of the Senior Advisory Commission shall be composed of seven (7) residents of the City, one of whom shall be appointed chairman. The appointments to the Commission shall be made by the Mayor, with the advice and consent of the City Council. In addition to the seven (7) members, the Mayor or the Mayor's designee shall serve as an ex officio member. The members shall serve as volunteers without compensation for their service. B. The term of office to this Commission shall be for a period of three (3) years. However, members appointed at the onset shall be for the following terms: three (3) members shall serve for two (2) years, two members shall serve for three (3) years and two (2) members to serve for one year. C. After the expiration of the member's initial term, all successors shall be appointed for three (3) years. D. The Commission shall meet on a quarterly basis unless otherwise approved by the Commission and the Mayor, with proper notification of a cancellation or meeting date change. E. The Commission shall submit in writing an annual report summarizing their activities and recommendations to the Mayor and City Council. 2-6-3: EXPENDITURES: The Senior Advisory Commission shall be authorized to expend no Municipal funds; provided, however, the Commission may recommend to the City Council such expenditures and appropriations as it deems expedient or advisable. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No.2006- ORDINANCE AMENDING CITY CODE TITLE 1 --ADMINISTRATION, CHAPTER 6–MUNICIPAL OFFICERS AND EMPLOYEES NEW ARTICLE "D" CITY ADMINISTRATOR REGARDING CITY ADMINISRATOR ORDL4,NCE Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above)regarding the City Administrator, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Titlel --Administration, Chapter 6–Municipal Officers and Employers by adding new Article"D" City Administrator depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting,that Title I --Administration, Chapter 6—Municipal Officers and Employees of the City Code of the United City of Yorkville is hereby amended by adding new Article"D" City Administrator, as depicted on the attached Exhibit"A". This Ordinance shall be effective upon its passage. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 DRAFT 12.21.05 DERIVED FROM 11.10.05 DRAFTAND COMMENTS AT 12.20.05 COW 1-6D-1 CITY ADMINISTRATOR A. OFFICE CREATED: The office of City Administrator is hereby created. Wherever in this code or other ordinances of the city the term "office of City Administrator" shall appear, it shall mean and it shall be synonymous with the term "City Administrator". B. APPOINTMENT, REMOVAL: 1. The City Administrator shall be appointed by the mayor, by and with the advice and consent of the city council. 2. The mayor, with the approval of the city council, may remove the City Administrator at any time pursuant to the requirements for removal of appointed officers established by the Illinois municipal code. C. COMPENSATION, BOND: The City Administrator shall receive such compensation as shall be fixed from time to time by ordinance, resolution, or vote of the city council. The City Administrator shall furnish a bond in such amount and with such surety as may be approved by the mayor and city council, conditioned upon the faithful performance of the administrator's duties, and shall indemnify the city for any loss suffered by reason of neglect of such duty or failure to perform the same. The city shall pay the cost of the bond. D. GENERAL DUTIES: The City Administrator, on acting on behalf of the Mayor, shall direct, supervise and coordinate the administration of all departments, offices, and agencies of the City, except the Police Department, the Department of Parks and Recreation and Community Relations Manager, and/or as otherwise provided by law; the City Administrator shall: 1. be responsible to respond to and advise the Mayor and Aldermen on issues affecting any and all aspects of the City to the best of his ability and competence; 2. advise and consult with City Officers and officials, 3. to the extent required by ordinance, advise and consult with the Mayor and Aldermen regarding hiring, assignment, promotion and firing of employees in all departments except Police and Parks and Recreation and also except the Community Relations Director, 4. attend all regular and special meetings of the City Council, excepting scheduled vacations, sickness and other excused absences, and 5. perform such other duties as may be prescribed by ordinance or directed by the Mayor and City Council. The Mayor and Aldermen shall advise all Officers, officials and employees to cooperate with and assist the City Administrator and to seek the advice of the City Administrator on administrative and policy questions. NJt -qwz- -6::3 COUNTY OF KENDALL ) ss STATE OF ILLINOIS ) RESOLUTION NO. 2006- A RESOLUTION ESTABLISHING THE JOB DESCRIPTION FOR CITY ADMINISTRATOR IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS WHEREAS,the Mayor and City Council of UNITED CITY OF YORKVILLE, after careful consideration, have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to establish a Job Description for the position of City Administrator; and WHEREAS,the position or City Administrator will have the duties and responsibilities as set forth in the attached job description; and NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB DESCRIPTION FOR THE POSITION OF CITY ADMINSTRATOR IS HEREBY ESTABLISHED AS DEPICTED ON EXHIBIT "A". The job description for said position is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. PAUL JAMES MARTY MUNNS JASON LESLIE WANDA OHARE VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO Page 1 of 2 APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of A.D. 2006. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois, this day of A.D. 2006. CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 630-553-8570 Page 2 of 2 UNITED CITY OF YORKVILLE CITY ADMINISTRATOR—JOB DESCRIPTION (Draft 12-28-05) Department: Administration Reports to: Mayor& City Council Immediate Supervisor: Mayor Supervises: Administrative Office Staff and Department Heads Status: Full Time,Non Exempt Position Description Overview This position acts as an administrative employee that reports directly to the Mayor and City Council. Supervises, oversees, monitors, and participates in assigned projects and programs. Assists the Mayor and City Council in various administrative tasks including organizational and financial analyses. Conducts analyses of municipal policies and procedures. Develops and maintains the City personnel and purchasing policies. Directly supervises employees. Assists with the preparation, administration, and monitoring of the city's operating and capital budgets. Position requires frequent handling of confidential information. Essential Job Functions I. Analyze and recommend to the Mayor and City Council long-term financing plans and assist in the implementation of the adopted plan. 2. Participate in the development and review of the City-wide budget and tax levy process. 3. Assists in the development,planning, and implementation of goals and objectives related to the overall administrative activities and operations of the City. 4. Conducts special studies and analyses as assigned by the Mayor and City Council. 5. Investigates and prepares reports on specific requests and complaints pertaining to various governmental activities. 6. Attends meetings of Plan Commission, Chamber of Commerce, City Council, Administration Committee, Economic Development Committee, and Committee of the Whole or others unless otherwise directed by the Mayor. 7. Assists in City land acquisition and development processes. 8. Manages the Administrative Office day to day operations. 9. Supervises the following department heads, Finance Director, Public Works Superintendent, City Engineer, Community Development Director and works in cooperation with the Chief of Police and Executive Director of Parks and Recreation. 10. Works directly with the Executive Director of the Yorkville Economic Development Corporation on important economic projects. 11. Assigns tasks with completion time frames to Department Heads as appropriate. 12. Works with the Director of Parks and Recreation to implement plans approved by the Park Board and the City Council. 13. Works with the Finance Director on the budget and on the Tax Levy. 14. Oversees all work done by the Community Development Director. 15. Works with other agencies to implement the directives of the Mayor. 16. Performs other related duties as assigned. Requirements 1. Ability to communicate clearly and concisely in both oral and written format. 2. Ability to establish and maintain good working relationships with City Officials, employees, and the residential and business community. 3. Thorough knowledge of the functions of various municipal/business services and of personnel and financial management functions. 4. Ability to understand, follow general instructions, and carry out policy decisions and/or recommendations quickly and accurately. 5. Possess the initiative to seek out and define problem areas, analyze situations,provide alternatives and recommend solutions. 6. Possess the ability to pursue grants. Experience and Education 1. Bachelor's degree in Business or Public Administration or related field, Master's degree in Public Administration preferred; eight(8)years of public administration and upper management department head experience; or, an equivalent combination of education and experience sufficient to perform the essential duties of the job as those listed above. 2. Must possess valid State of Illinois Class D driver's license. 3. Must have successfully completed a background investigation. 4. Have experience in writing and securing grants for public use projects. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment of the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of Page 2 of the job change. ��- STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ACCEPTING FINAL REPORT FOR DOWNTOWN VISION PLAN AND MUNICIPAL FACILITIES PLAN WHEREAS, the City Council of the United City of Yorkville has engaged the firm Yas Architecture, LLC for the purpose of developing and presenting a report to the City regarding a Downtown Vision Plan, and Municipal Facilities Plan; and WHEREAS, Yas Architecture has presented said plan, in final form dated December 13, 2005 which has been reviewed by the City Council, and WHEREAS, the City Council hereby states that the report is the work product and opinion of a consultant, only, and while considered advisory and very useful for the purposes set forth therein; said report is a guide only and shall not be considered binding upon the City whatsoever, and WHEREAS, a copy of this motion shall be placed in the front of the Report, and shall be included in all copies of the Report disseminated by the City. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, be it Resolved that the preambles set forth above are incorporated into this resolution and that the Final Report of Yas Architecture Titled Downtown Master Vision Plan and Municipal Facilities Plan dated December 13,2005 is hereby accepted. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 THE UNITED CITY OF YORKVILLE RESOLUTION NO. : A RESOLUTION IN SUPPORT OF CUSD #115'S MARCH 21, 2006 SCHOOL REFERENDA WHEREAS,the United City of Yorkville is located within a county currently experiencing rapid residential growth; and WHEREAS,this rapid residential growth has led and will in the future lead to an increased demand for more services, including more schools,more teaching staff, and more school supplies, for children residing within the United City of Yorkville's boundaries; and WHEREAS, existing schools also require upkeep and expansion and money to meet the rising costs of operating existing and future schools; and WHEREAS,the quality of education in a community directly affects the quality of life of its residents; and WHEREAS,the Yorkville Community Unit School District 115, to meet the increased demands placed on it by a growing student population,has placed two referenda on the March 21st 2006 ballot for voter approval; and WHEREAS,these two referenda ask voters within Yorkville Community Unit School District 115 to raise the Education Fund tax rate by 63 cents and to pass a$56 million building bond to provide for the building of new schools and the renovations of existing schools; NOW, THEREFORE,be it and it is hereby Resolved as follows: That the Mayor and City Council of the United City of Yorkville do hereby support the two referenda placed on the March 21 st ballot by Yorkville Community Unit School District 115 and do encourage all residents of the United City of Yorkville to also support these referenda for the benefit of all residents and businesses of our City. ENACTED this day of ,2006, at Yorkville, Illinois. UNITED CITY OF YORKVILLE BY: MAYOR ATTEST: CITY CLERK AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement'), is made and entered as of the day of 2005 by and between HINSBROOK BANK TRUST #03-008 ("OWNER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY') by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER 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 certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY'). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNER proposes that the SUBJECT PROPERTY be rezoned as B-3 under the provisions of the City Zoning Ordinance ("Zoning Ordinance") for the SUBJECT PROPERTY described in Exhibit "B" attached hereto; providing that the following listed permitted uses Under Section 10-713-1 of the Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab 1 garage; tennis court - indoor; truck sales and service; and the following listed special uses under Section 10-7D-2: amusement park;boat launching ramp; boat rental and storage; stadium. D. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on October 12, 2005. City Council conducted the public hearing on the annexation agreement on December 13, 2005. E. The CITY and have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. F. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and the rezoning, 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. G. (i) Each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A"with said property to be zoned B-3 under the Zoning Ordinance of the City of Yorkville providing that the following listed permitted uses under Section 10-7D-1 of Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf, park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor; truck sales and service; 2 and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. (ii) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. H. It is the desire of the CITY and the OWNER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terns 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. I. The OWNER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. J.The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached hereto and incorporated herein as Exhibit"C". NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement providing the annexation and zoning and plat Exhibit A for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 3 2. ANNEXATION AND 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 annex and rezone the SUBJECT PROPERTY under the B-3 Business District provisions of the City provisions of the City Zoning Ordinance ("Zoning Ordinance") providing that the following listed permitted uses under Section 10-7D-1 of the Ordinance not be permitted for this properly including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor; truck sales and service; and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. 3. DEVELOPMENT CONFORMING WITH SITE PLAN. The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached hereto and incorporated herein as Exhibit"C". 4. CONTRIBUTIONS. The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body. 5. SCHOOL AND PARK DONATIONS. There shall be no School or Park contributions required. 6. GENERAL PROVISIONS. 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 4 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. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and their succors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. B. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. C. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid, addressed as follows: (I) If to OWNERS: Hinsbrook Bank Trust#03-008 c/o Dan Laniosz 22 W 410 71" Street Naperville, IL 60540 Fax: 630-969-2603 5 with copies to: Law Offices of Dallas C. Ingemunson, P.C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Dallas Ingemunson Fax: (630) 553-7958 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Fann Road Yorkville, IL 60560 Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 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 from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. E. 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 effected by such Agreement. 6 F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the SUBJECT PROPERTY, whether unproved or unimproved. G. Cautions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. H. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER's expense. I. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. J. Countemarts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. K. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. L. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT 7 PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. M. Maior and Minor Modifications. Any modification to the Site Plan (Exhibit "C") any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. O. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNER for the sale of any portion by OWNER. 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: HINSBROOK BANK TRUST 903-008 UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Nance: Daniel A. Laniosz By: Title: Title: Mayor Attest: Title: City Clerk 9 LIST OF EXHIBITS EXHIBIT "A": Survey of SUBJECT PROPERTY EXHIBIT `B": Legal Description For Area Zoned R-3 EXHIBIT "C": Site Plan 10 EXHIBIT "A" LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY 11 DMIBIT A THAT PART OF THE SOUTHWEST QUARTER OF SECTION 5 AND PART OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN-DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5;THENCE NORTH 05°47'00"WEST 252.75 FEET TO THE TANGENT OF THE CENTER LINE OF ILLINOIS ROUTE 71, SAID POINT BEING P.I. STATION 1425 + 19.65 OF SAID CENTER LINE;THENCE SOUTH 85°37'00" WEST ALONG SAID TANGENT AND ALONG THE CENTER LINE AND ALONG A TANGENT OF SAID CENTER LINE 2089.48 FEET TO P.I.STATION 1404+33.50:THENCE SOUTH 74 014.00 WEST ALONG THE TANGENT AND ALONG THE CENTER LINE OF SAID ILLINOIS ROUTE 71, 1855.80 FEET;THENCE NORTH 18°07'30"WEST 69.2 FEET TO THE NORTHERLY LINE OF SAID ILLINOIS ROUTE 71;THEN_CE NORTH 74°14'00"EAST ALONG SAID NORTHERLY LINE 209.0 FEET FOR THE POINT OF BEGINNING;THENCE NORTH 18 007'30"WEST 418.0 FEET; THENCE NORTH 74 042'30"EAST PARALLEL WITH THE NORTHERLY LINE OF SAID ILLINOIS ROUTE 71,209.0 FEET;THENCE SOUTH 18 007'30"EAST 418.0 FEET TO THE NORTHERLY LINE OF SAID ILLINOIS ROUTE 71: THENCE SOUTH 74 042'30"WEST ALONG SAID NORTHERLY LINE 209.0 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,KENDALL COUNTY,ILLINOIS AND CONTAINING 2.003 ACRES AS SAID PROPERTY IS DEPICTED ON A PLAT OF SURVEY BY FRANCIS E. SEXTON,ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 1466,DATED SEPTEMBER 21, 1965, WHICH SURVEY APPARENTLY CREATED THE PARCEL AS SHOWN,AND THAT THIS SURVEY IS BASED SOLELY ON THE MONUMENTION WHICH REMAINS FROM SAID "SEXTON SURVEY". PINS: 05-08-126-002 05-05-300-006 EXHIBIT "B" LEGAL DESCRIPTION FOR AREA ZONED R-3 R-3 ZONING PARCEL 12 EXHIBIT B LEGAL DESCRIPTION OF TRACT A: That part of the Southwest Quarter of Section 5 and that Part c the Northwest Quarter of Section 8, Township 36 North, Lange 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71, said point being P.I. Station 1425+19.65 of said centerline; thence South 85'37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74'14'00" West, along the tangent and along the centerline of said Illinois Route No. 71, 1855.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71 ; thence North 74'42'30" East, along said Northerl} Line, 418.0 feet; thence North 18'07'30" West, 440.0 feet for the point of beginning; thence South 18'07'30" East, 440.0 feet to said Northerly Line; thence North 74'42'30" East, along said Northerly Line, 80.0 feet; thence North 18'07'30" West, 200.0 feet; thence North 07'59'19" East, 260.95 feet; thence South 74'42'30" West, 195.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 1.124 acres. PI 05 - 05 - ado- oi3 EXHIBIT "C" SITE PLAN SITE PLAN W umn r+w Y 200' HUfSd K✓r 1 1`1 1603- �. N r ti b F i RpUTE STATE ILLINOIS .. M LEI R R I ENGINEERING, INC. 3:W S LiSRx-SML�Ob'LISL[.FtwS:WSi} STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (LANIOSZ COMMERCIAL PROPERTY,ROUTE 71) 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 ILLS 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. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS } ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS (Laniosz Commercial Property,Route 71) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville,Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 b c, STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Laniosz Commercial Property, Route 71) WHEREAS, Hinsbrook Bank Trust#03-008 is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Dan Laniosz, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 —Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District as described in attached Exhibit "B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT A THAT PART OF THE SOUTHWEST QUARTER OF SECTION 5 AND PART OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN-DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5;THENCE NORTH 05°47'00"WEST 252.75 FEET TO THE TANGENT OF THE CENTER LINE OF ILLINOIS ROUTE 71,SAID POINT BEING P.I. STATION 1425 + 19.65 OF SAID CENTER LINE;THENCE SOUTH 85°37'00" WEST ALONG SAID TANGENT AND ALONG THE CENTER LINE AND ALONG A TANGENT OF SAID CENTER LINE 2089.48 FEET TO P.I. STATION 1404+33.50;THENCE SOUTH 74°14.00 WEST ALONG THE TANGENT AND ALONG THE CENTER LINE OF SAID ILLINOIS ROUTE 71, 1855.80 FEET;THENCE NORTH 19007'30"WEST 69.2 FEET TO THE NORTHERLY LINE OF SAID ILLINOIS ROUTE 71; THENCE NORTH 74014'00"EAST ALONG SAID NORTHERLY LINE 209.0 FEET FOR THE POINT OF BEGINNING;THENCE NORTH 18°07'30"WEST 418.0 FEET; THENCE NORTH 74 042'30"EAST PARALLEL WITH THE NORTHERLY LINE OF SAID ILLINOIS ROUTE 71,209.0 FEET; THENCE SOUTH 18 007'30°EAST 418.0 FEET TO THE NORTHERLY LINE OF SAID ILLINOIS ROUTE 71: THENCE SOUTH 74042'30"WEST ALONG SAID NORTHERLY LINE 209.0 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,KENDALL COUNTY,ILLINOIS AND CONTAINING 2.003 ACRES AS SAID PROPERTY IS DEPICTED ON A PLAT OF SURVEY BY FRANCIS E. SEXTON,ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 1466,DATED SEPTEMBER 21, 1965, WHICH SURVEY APPARENTLY CREATED THE PARCEL AS SHOWN,AND THAT THIS SURVEY IS BASED SOLELY ON THE MONUMENTION WHICH REMAINS FROM SAID "SEXTON SURVEY". PINS:05-08-126-002 05-05-300-006 EXHIBIT B LEGAL DESCRIPTION OF TRACT A: That port of the Southwest Quarter of Section 5 and that Part c the Northwest Quarter of Section 8, Township 36 North. °ange 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West.. 252.75 feet to the tangent centerline of Illinois Route No. 71, said point being P.I. Station 1425+19.65 of said centerline; thence South 85'37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74'14'00" West, along the tangent and along the centerline of said Illinois Route No. 71, 1855_.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71 ; thence North 74'42'30" East, along said Northerly Line, 418.0 feet; thence North 18'07'30" West, 440.0 feet for the point of beginning; thence South 18'07'30" East, 440.0 feet to said Northerly Line; thence North 74'42'30" East, along said Northerly Line, 80.0 feet; thence North 18'07'30" West, 200.0 feet; thence North 07'59'19" East, 260.95 feet; thence South 74'42'30" West, 195.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 1.124 acres. PIN] : 0� - 05 - 3c�o— G13