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City Council Packet 2006 07-11-06 °'ry United City of Yorkville n 800 Game Farm Road ESL , .1836 Yorkville, Illinois 60560 -�� Telephone: 630-553-4350 O C'n, y Fax: 630-553-7575 <CE oV� AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Special Committee of the Whole Meeting Tuesday,July 11,2006 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD R WARD III WARD IV Paul James Valerie Bard Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee To be Announced To be Announced Economic Development Committee: 7:00 p.m., Thursday, July 27, 2006 City Hall Conference Room Administration Committee Meeting: To be Announced Public Safety Committee Meeting: 6:30 p.m., Thursday, July 13, 2006 City Hall Conference Room City Council Meeting Agenda July 11, 2006 Page 2 Public Hearings: 1. Richard Marker Associates, Inc.; Oakbrook Bank, as Trustee under the Provisions of a certain trust agreement dated the 13th of September, 2005, and known as Trust#3405; John Robert Ament and Steven L. Ament, Trustees under the Louise Marie Ament Testamentary Trust created by will dated November 9, 1978, J. Robert Ament and Jack C. Weis Trustees under the J. Robert Ament Charitable Remainder Trust date November 3, 2005,John Robert Ament and Jack C. Weis, Trustees under the John Robert Ament Living Trust dated October 19, 2005 and Ament I L.L.C., a Wyoming Limited Liability Company c/o John Robert Ament;DBRNC, L.P. an Illinois Limited Partnership; Robert J. Murst and Lori L. Murst; Ann Mane Sassaman, Jean Erna Ingemunson, Christopher Gabel,Karrie Rudd, and Jamie Gabel,petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 to Agricultural to United City of Yorkville Planned Unit Development containing R-2 One—Family Residence District; B-3 Service Business District Planned Unit Development and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 514 acres east of Route 47 and South of Ament Road in Kendall County, Illinois. 2. Bristol Ridge,LLC, and Standard Bank and Trust Co.No. 18745,petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville containing R-2 One-Family Residence District, R-3 General Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 190 acres east and west of Cannonball Road approximately one-quarter mile south of Galena Road in Kendall County, Illinois. Presentations: 1. PC 2006-37 O'Keefe Property—Concept Plan 2. PC 2006-50 Prairie Point—Concept Plan Citizen Comments: Consent Agenda Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—June 27,2006 Minutes of Committee of the Whole—May 16, 2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 24,949.45 (vendors - FY 05/06) $ 1,634,661.80 (vendors - FY 06/07) $ 193,892.38 (payroll period ending 6/24/06) $ 1,853,503.63 (total) City Council Meeting Agenda July 11, 2006 Page 3 Reports: Mayor's Report: 1. Overnight Parking Survey 2. PW 2006-127 2006 Miscellaneous Bituminous Paving—Bid Results 3. ZBA 2006-39 Ordinance Approving Variances for Side Yard Setback and Accessory Structures for the Business Located at 504 South Bridge Street(Speedway Superamerica) City Council Report: 1. Implementation of Governing Ordinance City Attorney's Report: 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: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Manager: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2006-21 Resolution Approving the Final Plat of Subdivision for Villas at the Preserve 2. PC 2005-52 Kleinwachter—Annexation and Zoning a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning 3. EDC 2006-15 Building Permit Report for May 2006 4. PC 2006-27 Matlock— 1 %2 Mile Review 5. PC 2006-15 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 17 City Council Meeting Agenda July 11, 2006 Page 4 Economic Development Committee Report(con't): 6. PC 2006-28 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 21 7.1 PC 2006-29 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 23 8. PC 2006-30 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 24 9. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47 10. EDC 2006-16 Raymond Regional Stormwater Management Facility Agreement Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Adjournment: COMMITTEES,MEMBERS AND RESPONSIBILITIES [PUBLIC WORKS'! 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 CONOMIC DEVELOPMEN --------- ---------------------------------------- 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 City Council Meeting Agenda July 11,2006 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) UBLIC SAFETY; ---------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock MINISTRATIOl Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock [AD-HOC.- TECHN_O_L_OG Committee — Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock a2�A ciT`� United City of Yorkville Memo 800 Game Farm Road ESE. Z law Yorkville, Illinois 60560 Telephone: 630-553-4350 L °„ Fax: 630-553-7575 CE `VO, Date: July 10, 2006 To. Mayor and City Council From: Lisa Pickering, Deputy Clerk CC: Department Heads Subject: Additional information for City Council packet—July 11, 2006 Attached please find additional information for Public Hearing#1 —Heartland Crossing and Public Hearing 42—Bristol Ridge. Please add this information to your City Council packet. �bthiic Ae&v i n(J Final: 06/08/06 4 I ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Heartland Crossing Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT(Agreement'),is made and entered as of the_day of .2006, by and between OAKBROOK BANK,AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 13TH OF SEPTEMBER,2005,AND KNOWN AS TRUST#3405 (Owner of parcel#05-16-400-002,located on the southeast comer of State Route 47 and Ament Road in Yorkville,Kendall County,Illinois.),JOHN ROBERT ANENT and STEVEN L.ANENT,TRUSTEES UNDER THE LOUISE MARIE ANENT TESTAMENTARY TRUST CREATED BY WILL DATED NOVEMBER 9,1978,L ROBERT ANENT and JACK C.WEIS TRUSTEES UNDER THE L ROBERT ANENT CHARITABLE REMAINDER TRUST DATE NOVEMBER 3, 2005,JOHN ROBERT ANENT AND JACK C.WEIS,TRUSTEES UNDER THE JOHN ROBERT ANENT LIVING TRUST DATED OCTOBER 19,2005 AND ANENT I L.L.C.,A WYOMING LIMITED LIABILITY COMPANY C/O JOHN ROBERT ANENT.(Owners of parcel#05-21-200-002,located on the east side of State Route 47 approximately one quarter mile south of Ament Road in Yorkville,Kendall County,Illinois.), DBRNC,L.P.AN ILLINOIS LIMITED PARTNERSHIP(Owner of parcel#05-16-400-003, located on the southeast corner of State Route 47 and Ament Road in Yorkville,Kendall County, Illinois.),ROBERT L MURST AND LORI L.MURST(Owners of parcel#05-22-100-002, located at 9166 Penman Road in Yorkville,Kendall County,Illinois.)and ANN MARIE SASSAMAN,JEAN ERNA INGEMUNSON,CHRISTOPHER GABEL,KARRIE RUDD, AND JAMIE GABEL(Owners of parcel#05-22-100-003,located on the east side of Penman Road in Yorkville,Kendall County,Illinois.),(hereinafter collectively referred to as "OWNERS")and RICHARD MARKER ASSOCIATES,Inc.(Hereinafter collectively referred to as"DEVELOPER"),An Illinois corporation,and the UNITED CITY OF YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois(hereinafter referred to as"City")by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". 117534/2 1 RECITALS: A. OWNERS are the owners 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. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous Planned Unit Development(PUD)known as the Heartland Crossing Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD under the R-2 One-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development as depicted on the Depiction and Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit`B", for single-family detached residences and commercial areas with the B-3 Service Business District uses identified in Exhibit `B", as depicted on the Preliminary PUD Plan and Preliminary Plat attached hereto and incorporated herein as Exhibit "C,> E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on and . The Plan Commission concluded their deliberations on this case at their meeting. City Council conducted the public hearing on the annexation agreement on ]17534/2 2 F. The CITY and OWNERS and 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 OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a Planned Unit Development(PUD)establishing a unique character through the provision of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including open spaces totaling over 140.3 acres and carefully integrated commercial uses and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNERS, DEVELOPER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. Therefore the CITY agrees 117534/2 3 to grant the OWNERS and DEVELOPER final plat and final engineering approval for the entire SUBJECT PROPERTY, and will also allow OWNERS and DEVELOPER to develop the SUBJECT PROPERTY, and post SECURITY INSTURMENTS on a Phase or Unit by Unit basis. (iv) 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. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS, and 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 OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public bearings 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. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith, including the Preliminary PUD Plan and Preliminary Plat,attached hereto as Exhibit°C",Preliminary Engineering Plan,attached hereto as Exhibit"D" ,Preliminary Landscape Plan,attached hereto as Exhibit"E" ,to be approved 117534/2 4 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 ZONIN G. 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 One-Family Residence District provisions of the City Zoning Ordinance("Zoning Ordinance") with a Special Use for a Planned Unit Development with single-family residences and B-3 service business district for the commercial areas as shown on the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit"C".The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. Upon the OWNERS and DEVELOPER'S,compliance with the CITY'S requirements_, °e1eb8d`.tM.tioo"f with regard to final plat and final engineering approval the CITY shall then grant such approval for the entire SUBJECT PROPERTY. After the CITY has granted final plat and final engineering approval of the entire SUBJECT PROPERTY the CITY shall then allow the OWNERS and DEVELOPER to record and post letters of credit in phases over a three year period commencing upon the recording of the fast final plat phase. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY,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 PUD Plan and Preliminary Plat j Exhibit"C"l. 117534/2 5 3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations' leb matted:Indent:First line: 0' from the CITY'S ordinances,rules, and codes as set forth in Exhibits"G", attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY 'Permitted Modifications"). Deleted:Fur shall OWNERS and ____________ ___________-" va a ELOPER shall be permitted a variance from the MY requitement to ,Furthermore OWNERS and DEVELOPER shall be permitted a variance-from-the CITY hook-up sump pump discharges to the CITY storm sewer system. OWNERS requirement to hook-up sump pump discharges to the CITY stoma sewer system. OWNERS and ', and DEVELOPER shall provide drains or overland lot grading to open space or rear DEVELOPER shall provide drains or overland lot grading to open space or rear and side yard and side yard.1.as set out and are ' approved in the final engineering plans for said development OWNERS and swales as set out and are approved in the final engineering plans for said development. I DEVELOPER shall not be required to install any sidewall¢on Route 47, DEVELOPER shall install a five-foot wide sidewalk along Route 47 which will be Penmaa Road,Anent Road,or Wheeler Road. However DEVELOPER shall be located on the Com-ed owned property as depicted in Exhibit "D". CITY shall work with required N construct pedestrian paths , along the north side of Wheeler Road DEVELOPER to obtain an easement for said sidewalk. If CITY and DEVELOPER are unable ' and along the east side of Penman Road as depicted in Exhibit"D" to obtain an easement to build the sidewalk within the Com-ed owned property then OWNERS Deleted: and DEVELOPER will place the sidewalk adjacent to Route 47 upon the SUBJECT PROPERTY. The sidewalk will be constructed when each commercial unit along Route 47 is developed. DEVELOPER shall be required to construct pedestrian paths along the north side of Wheeler Road and along the east side of Penman Road in lieu of sidewalks as depicted in Exhibit"D". DEVELOPER shall also be required to construct a five foot wide sidewalk or ten foot wide path on the south side of Ament Road as Depicted in Exhibit"D". The CITY agrees that detention for the SUBJECT PROPERTY shall be in accordance with the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit "C", and the Preliminary Engineering Plan attached hereto as Exhibit "D", including the variances depicted therein. 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and 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 OWNERS and DEVELOPER as outlined in Exhibit"K" tructure hn rovements exc tJ--' Deleted:Infescuctme (jnfras p ) -- as otherwise provided in this Agreement. The CITY shall , assist the OWNERS -and—, Deleted'have the sole responsibility of 117534/2 DEVELOPER jn obtaining any off-site easements for sanitary ewer and water distribution alo D��' obWning ' __n$�-_ � Deleted:Us Route 47,and all other right of ways. The CITY acknowledges that in order to provide the SUBJECT PROPERTY and adjacent developments with potable water service and sanitary service a sixty (60) foot wide easement through the properties located along Route 47 just north of the SUBJECT PROPERTY is necessary. Said parcels are currently owned by Dhuse Family Farms, L.P., and Gerald and Diane Johnson. In consideration of DEVELOPER obtaining easements for potable water, and sanitary sewer pipes through the Dhuse Family Farms L.P., parcel, and the Gerald and Diane Johnson Parcel the CITY agrees that no CITY annexation fees will be applicable to any portion (Formatted:Font:Not BDId,Not—' of either the Dhuse Family Farms L.P.,Parcel or the Gerald and Diane Johnson Parcel. , italic the event the DEVELOPER and/or CITY can not obtain the necessary_off-site_- Waited: - easements for the extension of watermains and sanitary sewer, or is unable to provide potable water or sanitary sewer service to the SUBJECT PROPERTY for any reason the OWNERS and DEVELOPER shall be allowed to build and operate a self contained water system and/or sanitary sewer system for the SUBJECT PROPERTY until such time that the CITY is able to obtain the said easements,and provide service to the SUBJECT PROPERTY. DEVELOPER fiuther agrees to prepay all water tap on fees of three thousand seven hundred dollars($3,700.00) per unit at the time of recording of the final plat of subdivision, so that the CITY will have the funds necessary to construct facilities necessary to supply potable water to the SUBJECT PROPERTY. The CITY agrees to refund all water tap on fees of three thousand seven hundred dollars ($3,700.00) per unit paid by any and all builders on the SUBJECT PROPERTY at the time of building permit to the DEVELOPER to reimburse the DEVELOPER for said advancement. The CITY hereby agrees to provide potable water to the SUBJECT PROPERTY by March 15,2007. Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNERS and/or DEVELOPER. 11753412 7 Within 30 days of a written request from the CITY, including legal descriptions and exhibits as necessary, OWNERS and DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. Such requests for permanent and temporary easements shall have no impact on any entitlement previously granted to OWNERS and DEVELOPER by the CITY. Within 30 days of a written request from the CITY, including legal descriptions and exhibits as necessary, OWNERS and DEVELOPER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois,Kendall County,or the CITY as necessary, as long as these rights have been previously identified in this Agreement. Such request for conveyance of right of way shall have no impact on any entitlement previously granted to OWNERS and DEVELOPER by the CITY. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments")to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes,as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments 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 1175742 8 is at least equal to one hundred ten percent(110%) of the cost to complete the remaining public improvements for the applicable Phase of Development Deleted:Perimeter roadways and onsite improvements may be dedicated, conswcted,and/or bonded as B. Acceptance of Underground Immovements and Streets. The CITY, once it bas independent Phases of Developmrn[az the sole discretion of the DEVELOPER. ¶ had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications,and ordinances, shall approve all such public improvements, all in accordance with Paragraph 5G below, and shall accept their dedication in accordance with CITY ordinances subject to the OWNERS'S and DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. OWNERS and DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one(1)year after acceptance thereof by the CITY. Upon notice from CITY, OWNERS and DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, Deleted:fheOWNER'S and in the event that any construction or build-out activity within any Phase_of the DEVELOPER's eonsboction of my development of the SUBJECT PROPERTY is determined to have damaged any public improvements previously installed by OWNERS and DEVELOPER within the SUBJECT PROPERTY,then,upon notice thereof from the CITY,OWNERS and DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Surety Within thirty(30) calendar days after(a) receipt of notice from the OWNERS and DEVELOPER that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved,the 1175742 9 reasons therefore shall,within said thirty(30) calendar day period,be set forth in a written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and DEVELOPERS correction of the original punch list items set forth in said notice, the City Engineer,at the OWNER'S and DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within thirty (30) calendar days_of receipt of_the_, oeJeted:w°`�°s OWNERS and DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the OWNERS and DEVELOPER and accepted by the CITY the Security Instruments deposited by the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS and DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary,the MY shall have no obligation to reduce or release the last ten(10%) of any Security Instrument provided hereunder until all warranty obligations of OWNERS and DEVELOPER secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements OWNERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS and DEVELOPER have provided adequate road access (i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. Construction of public sidewalks and installation of trees along the streets in the SUBJECT PROPERTY are the obligation of the individual lot owners.,_Furthermore the_, Deleted:n°�nuaa� CITY'S acceptance of OWNERS and DEVELOPER'S public improvements will not be delayed pending completion of sidewalks and installation of trees along the streets within the SUBJECT PROPERTY which are the responsibility of the individual home builders. All other offsite and onsite improvements (except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant 11753MZ 10 closings or any other condition or circumstance beyond OWNERS and DEVELOPER'S control prevents installation of such sidewalks and/or landscaping), serving any said lot or building shall be installed by OWNER and DEVELOPER and approved by the CITY,however,before an occupancy permit is issued for said lot or building, the balance of the required onsite subdivision improvements not required to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each phase progresses. E. Conveyance to CITY All completed public improvements constructed on,or in connection with the development of the SUBJECT PROPERTY or any Parcel or Phase thereof following their inspection and approval by the CITY shall be conveyed by a bill of sale to,and accepted by,the CITY on an improvement by improvement basis within thirty(30) days or within forty-five(45) days if on a committee agenda, of receipt of written request for acceptance submitted to the CITY by the OWNER and DEVELOPER, or scheduled for consideration and acceptance within forty-five (45) days. The CITY'S acceptance of any conveyance of a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or Unit by Unit basis (i.e. acceptance of public improvements in a particular Phase or Unit of development of the SUBJECT PROPERTY shall not be contingent upon acceptance of public improvements in another Phase or Unit of development,provided the public improvements being accepted can function and perform their intended purpose independent of the public improvements in another Phase or Unit of development, or if dependent on the public improvements in another Phase or Unit of development,the public improvements in such other Phase or Unit of development have been accepted Deleted:Fadhermore,'1,6'of P public aidewalks and installation of trees along the streets within the SUB= by the CITY). v____ _ PROPERTY are the obligation of the individual home builders,and the F. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to CrrY'S acceptance of OWNERS and DEVELOPER'S public improvem®ta authorize the commencement of construction of utility improvements on the will not be delayed Pending completion of sidewalks and installation of trees SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i)approval of a aROPSn�within the SUBJECT 117534a 11 final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1)such construction is undertaken at the risk of a party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY;and(4)the IEPA and the Yorkville Bristol Sanitary District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process 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. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertakes development activities pursuant to the provisions of this Subsection 5. G. Transfer and Substitution Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY,securing the costs of the improvements set forth therein. " Deleted:Builder Impmvements H r __ _ _ _ ________ _ _ ___ ____ Con urronon of public sidewalks and the planting of trees along the street in the development are the obligation of the individualhome Builders. The 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Dmelopea will nor be obligated to depoait with the City any Security Instrurnevt for Upon completion of other public improvements not constructed specific to any individual the aforementioned improvements. neighborhood(i.e.park areas,offsite utilities,homeowners association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the 117534/2 12 City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 7. 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 period of five 5 ears from the Deleted:`� te) PPY P P ( �Y_______ - -._ al or °deted:°fM Ag...t. date of issuance of the first single family building permit,_Any amendments,_repe_-, additional regulations,which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during aid eight five 5 period._ The CITY shall give the OWNERS and_,-' Deleted:(8) g gh O .F---- ----- ----g -- - 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 eriod,the SUBJECT PROPERTY and its development will be subject_, Deleted.dsh'(s) O yP_ to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five 5 ear dod, provided, however, that the application of any such_,' oe�eted.`s tte) ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein,nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER,provided,however,that any so called"grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new 1175342 13 ordinances, codes or regulations affecting the zoning, subdivision, development, construction of Deleted:use buildingcodes for the CITY in effect as of the data of this any improvements,buildings, appurtenances, or any other development of any kind or character Agreement are a am forth in Exhibit"I". These regulations as they presently exist, ' ex apt a arranded,varies,or modified upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, , by the terms offids Ageement,sholl apply to the SUBJECT PROPERTY and are amended or modified to impose less restrictive requirements on development or construction its development for a period of eve(5) years from the date of issuance of the fast upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive singlefamilybuildingpermit. Any amendments,repeal,or additional requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the regulations,which are subsequently enacted by the CITY,shall not be applied th SUB ECT contrary contained herein notwithstanding, the OWNERS and DEVELOPER may Proceed with Pm AhOdelopment of m consent ofO WNERS and DEVELOP ER development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive . during said five(5)year period. After said five(5)year period,the SUBJECT amendment or modification applicable generally to all properties within the CITY. PROPERTY and its development will be i subject to all ordinances,regulations,and codes of the CITY in existence on or adopted after the expiration of said five S. BUILDING CODE. The CITY has adopted the International Building Code, f5duringthetr P $ If,during the term of this Agreement,any existing,amended,modified or new which is updated approximately every three years. The building codes for the CITY in affect as ordinances,codes or regulations affecting the development and/or construction of of the date of building permit application will govern any and all construction activity within the any improvements,buildings, i appurtenances upon the SUBJECT SUBJECT PROPERTY. PROPERTY am amended or modified to ____ ____ _ _ _ __ ____ _____ ______ ____ _ ______________! impose less restrictive requirements on development or contraction upon properties situated within the CITY'S boundaries,then the benefit of such less 9. FEES AND CHARGES. During the first five (5) years following the date of restrictive reparemence shall inure to the bmefit of the OWNERS and issuance of the first single family building permiti the CITY shall impose upon and collect from DEVELOPER,and anything to the -- -- mnhury contained head. the OWNERS and/or DEVELOPER, and their respective contractors e o_ __ e m tt liense, ' notwithstanding,the OWNERS end n DEVELOPER may proceed with to on and connection fees and charges,and in such amount or at such rate as are in effect on the development Ocontraction upon the p $ e SUBJECT PROPERTY pursuant to the i' less restrictive amendment or date of this Agreement and as is generally applied throughout the CITY, except as otherwise modification applicable generally to all properties within the CITY.¶ expressly provided for in this agreement on the Fee Schedule attached hereto and made a part Notwithstanding the provisions of this Agree cem,all national amendments, hereof as Exhibit "W'. At the expiration of this five year term, the CITY shall give the co et oust addition ai he building codes of the a CITY pertaining to OWNERS and DEVELOPER a six 6 month ace Period from the date the are notified of an iifelsafety considerations adopted after O Q' p _____ _____y____________Y, ,� the date of Agreement which affects all land within the CITY,shall be changes to the permit, license, tap on and connection fees and charges in order to comply with applicable to the SUBJECT PROPERTY upon the expiation ofthe evelah(12e) the new Iegulations. �i i month following the effective date of such®endments,deletion,or addition, whether during the five(5) years.ext following the date of this Agmement,or 10. CONTRHiUTIONS. The City shall not require the OWNERS and the O�ns�DEVawPER�rove (6)month grace period from the ... t DEVELOPER to donate any land or money to the CITY, or any other governmental body, Deleted: issuancaofthefast single except as otherwise expressly provided in this Agreement. Bare ly bu ld ng pemil Deleted:and suppliers Deleted:one(1)year 11753412 14 11. PUBLIC W RKS DEPARTMENT FACILITY. The DEVELOPER has Formatted:Font:sold,underline - ---- -- -- ------ - Formatted:Undedine agreed to designate 7.78 acres of the SUBJECT PROPERTY for use as a CITY Public Works Department Facility. The DEVELOPER and the CITY will negotiate in food faith the location of this area during the preliminary plan review stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title to said 7.78 acre parcel. The CITY farther agrees to allow DEVELOPER to place a potable water well, lines, storage stand-pipe, and a water treatment facility on the 7.78 acre area which will be designated for a Public Works Department Facility. At the time of conveyance the CITY and DEVELOPER will enter into a development agreement which will address the conveyance of the 7.78 acre parcel, and include at least the following terms. 1. The CITY will pay the DEVELOPER one million dollars ($1,000,000.00) for the 7.78 acre parcel of land for the Public Works Department Facility.. 2. The one million dollar ($1,000,000.00) payment by CITY to DEVELOPER shall be paid by refunding to DEVELOPER all Municipal Building Development Impact Fees of five thousand and nine dollars ($5,009.00) per unit paid by any and all builders of lots within the SUBJECT PROPERTY. 3. Interest in the amount of%percent over prime shall begin accumulating upon conveyance of the 7.78 acre parcel to the CITY. 4. The CITY shall install at it's own expense an eight(8)foot fence and landscape buffer along the southern property line of the Public Works Department Facility to adequately buffer the residential property to the south. 5. The CITY agrees that there will be no access to the Pubic Works Department Facility from any internal road within the SUBJECT PROPERTY. The only access to the Public Works Department Facility shall be located off of Penman Road and/or Ament Road. 12,__ SCHOOL AND PARK DONATIONS._OWNERS_and DEVELOPER shall be_, DWG't responsible for making the contributions outlined in Exhibit "J" and Exhibit "Jl" 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 of the SUBJECT PROPERTY in the manner provided for under this Agreement. The CITY and PARK DEPARTMENT acknowledge that OWNERS and DEVELOPER will be providing open space and an extensive trail system through the SUBJECT PROPERTY 117534/2 15 as depicted in Exhibit "D". Therefore the CITY will grant a credit to the OWNERS and DEVELOPER for the open space and trail system against the required CITY land/cash ordinance a credit of 26.0 acres. 13, PROJECT SIGNS. Following the date of this Agreement and through the date - Deleted:z of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Mite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Mite Signs,DEVELOPER shall be permitted to construct,maintain and utilize signage offsite and upon the SUBJECT PROPERTY as identified - Deleted:¶ in Exhibit"M" attached hereto. . J4.4 MODEL HOMES PRODUCTION UNYPS. SALES TRAILERS AND CLUBHOUSE.': D� '9 Formatted:Bullets and Numbering During the development and build out period of the SUBJECT PROPERTY(subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPERS,or such other persons or entities, sales and construction staff, and may be utilized for sales and construction offices for Heartland Crossing. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three(3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each 117534/2 16 neighborhood unit , 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 roof to the CITY the OWNERS and DEVELOPERS have demonstrated}o hold Deleted: ha dflomku Sinn ofe empumq p p r_�-' hold harmless letter the CITY and the Bristol-Kendall Fire Protection District fire hydrants within three-hundred (300)feet of the dwelling unit are operational.)A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street,and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. DEVELOPER shall be allowed to construct and maintain a clubhouse on the SUBJECT PROPERTY, The Clubhouse shall be located north of Wheeler Road and east of Route 47 within the SUBJECT PROPERTY. See Exhibit'W'for permitted uses within the Clubhouse. OWNERS and DEVELOPER hereby agree to indemnify,defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each 117534/2 17 neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall,in such case,apply for the benefit of Indemnities for each neighborhood. 1!, CONTRACTORS MA&E_RS The CITY agrees that from and after the date,- Deleted.4 of execution of this Agreement,contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A 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. 16,__ OVERSIZING OFIMPROVEMENTS. Deleted.5 A. Reimbursement by the CITY. In the event the CITY requests the DEVELOPER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then DEVELOPER shall be entitled to be reimbursed all associated costs including engineering costs and shall be paid a six percent(6%)general contracting fee in addition to the cost of purchasing and installing the requested improvements. Such improvements which qualify as oversized and or deepened shall be identified at the time of approval of Final Engineering for each phase of development. DEVELOPER anticipates engineering and constructing a temporary lift station as well as a eight (8) to fourteen (14) inch force main to provide sanitary sewer service to the SUBJECT PROPERTY. If the Yorkville-Bristol Sanitary District or the CITY utilizes either the lift station and/or the force main it it's construction of permanent sanitary sewer service facilities to serve the SUBJECT PROPERTY or adjacent properties than the CITY shall 117534/2 18 reimburse the DEVELOPER for the cost of engineering and constructing said lift station and/or force main. If during the operation of the DEVELOPERS temporary force main and/or lift station any adjacent property owner chooses to utilize said lift station and/or force main the DEVELOPER shall be allowed to charge the adjacent property owner for access to DEVELOPERS sanitary sewer facilities. The fee, interest, and time of payment shall be calculated solely at DEVELOPER'S discretion. If the CITY does not extend the water main along Route 47, and the DEVELOPER undertakes the extension of the water main along Route 47 to serve the SUBJECT PROPERTY with potable water, then the CITY agrees to reimburse DEVELOPER for all costs incurred in extending the water main along Route 47, including but not limited to engineering, design, construction costs,and six(6)percent interest. . 17, LIMITATIONS. In no event, including without limitation, the exercise of the , Deleted'6 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 Preliminary PUD plan and preliminary plat. -- _ , Deleted:7 COVENANTS.The OWNERS and DEVELOPER-agree-to-adhere to any city- ,-' wide architectural control ordinances that are in place at the time of final platting for each phase Deleted:In lieu of my mchiwch.sl of development. �n_addition to-architectural control_ordinances_ adopted by the-CITY_the , control.,dinu ..duptedbythacn'Y, Deleted:t OWNERS and DEVELOPER may impose covenants, conditions and restrictions relating to _ Deleted:agxm tructures and other building-restrictions-at the time of final plat submittal for each unit.Further, -- Deleted:fagade o almi k acce amy OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to,across the street,or catty-comer from another like building elevation. 117534/2 19 The OWNERS and DEVELOPER shall include provisions in the covenants to provide that a Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Section 19 of this agreement. 191_ _ HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE_- Ueleted:8 AREA(DSSA) A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to cant' out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including+storm water detention areas, trail_- u`l`te&sto "" system, and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean,sightly and first class condition,and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Business Service District Association. A separate association may be established for the business zoned parcels.. 117534/2 20 C. Dormant SDecial Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area(DSSA)to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, trail system, landscaping features, and entrance signage within the SUBJECT PROPERTY. 20,__ ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the_- Deli'19 development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER'S obligation for the SUBJECT PROPERTY in accordance with the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities,however,all costs incurred in furtherance thereof shall be home by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be home by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If the CITY requires, _existing overhead utilities,be relocated or - tx�etm.u r_an y g Deleted:are required to buried on perimeter roads,the_CITY agrees to be the lead agency-in-the relocation of those-___- � ; ma creme rosaon m sry nr the OWNERS and DEVE[APER r utilities. Upon OWNER and DEVELOPER'S request,the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and DEVELOPER associated with burying what had been overhead utility lines,the OWNERS and DEVELOPER shall have the tight to make the determination as to whether the utility lines will be buried or re- located overhead. 117534/2 21 24_ DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT_, Dd�'a PROPERTY as a subdivision to be commonly known as the Heartland Crossing Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 22,_ IRRIGATION WELLS. CITY shall grant OWNERS -a d DEVELOPER_--' Deleted:I permission to utilize three irrigation wells on the SUBJECT PROPERTY. The three irrigation wells shall be used by the OWNERS and DEVELPER to irrigate detention areas, landscaping, and landscape/water features which will be located on the SUBJECT PROPERTY. 2 CONFLICT IN REGULATIONS._ The_ rovisions_of this Agreement shall—. - Deli'2 supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. RIGHT TO FARM. DEVELOPER agrees to include a Kendall Coun `R2 t_ Deleted:3 ----------- tY` Phi to Farm Statement"on each Final Plat of Subdivision as shown in Exhibit'N". 25,_ ROADWAY IMPROVEMENTS. The CITY required roadway improvements_, Deleted:4 and cost estimates are as depicted in Exhibit'V'. It is agreed upon by the parties that the CITY will pay sixty (60) nercent of any and all costs associated with the engineering, design, and construction of the nronosed Wheeler Road which will be built by DEVELOPER and will serve off-site property. Furthermore it is acknowledged by the CITY and DEVELOPER that DEVELOPER will rormatted:rodent:First line: o^ contribute two thousand dollars($2,000.00)per unit as required under the CITY road impact fee ordinance. All fees paid under the CITY road impact fee ordinance will be used toward a road Deleted:fo,perimete .dwey fund to improve roads located on the perimeter of the SUBJECT PROPERTY,which the CTTY - j„ipmMents, has indicated a desire to upgrade to better serve existing and future traffic generated by off-site Petered:not w u m he SUBJECT PROPERTY development. The aforementioned contribution shall be collected by the CITY at the time of 117534/2 22 issuance of each individual building permit, and will be deposited into an account at the discretion of the CITY to be used solely to reimburse DEVELOPER for the costs of improving the perimeter roadways at the SUBJECT PROPERTY,including those described in Exhibit"D". After the perimeter roadway improvements have been completed any surplus fees collected by the CITY from the DEVELOPER which were in excess of that needed to complete the roadway Deleted:aforementioned perimeter improvements described in Exhibit"D';shall be used-to-signalize and improve the Route 47 and_, roadway improvements Wheeler Road and Route 47 and Ament Road intersections. No further contribution shall be_, Deleted:Furthermore CIT herore the Y agrees -- to pay sixty(60)pemeot of any and all required of the DEVELOPER for present or future roadway improvements. i`R ad �s°"a"dw v 25. TRANSFER. DEVELOPER may assign this Agreement without CITY approval,but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY,and upon said assignment and acceptance by an assignee,the DEVELOPER shall have no further obligations hereunder as to,thatportion of the SUBJECT PROPERTY so __ _ _ _ _ D� ' s` conveyed,but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, 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 SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance,unless the successor to or assignee of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY, the DEVELOPER or other seller though otherwise released from all obligations hereunder,shall keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the ComnieiiTr `"� successor to or assignee of the DEVELOPER has provided a substitute letter of credit. ____ __ 117534/2 23 26. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding,the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an 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. 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. 1175342 24 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid,addressed as follows: (I) If to OWNERS DBRNC Partnership L.P. 9330 Ament Rd. Yorkville,IL.60560 Fax: (630)553-2134 John Robert Ament&Steven L Ament Trustees under the Louse Marie Trust 9075 Penman Rd. Yorkville,IL.60560 Phone: (630)553-7731 Oakbrook Bank Trust#3405 1400 W. Sixteenth St. Oakbrook,IL.60521 Christopher Gabel 630 Forest Ave. Elgin,IL. 60120 Phone: (630)669-5698 Robert L&Lori L.Murst 9166 Penman Rd. Yorkville.IL.60560 (11) If to Richard Marker Associates Inc DEVELOPER: 654 Heartland Dr. Yorkville,IL.60560 Fax:(630)553-5736 with copies to: John Philipchuck Dommermuth,Brestal,Cobine&West Ltd 123 Water St. Naperville,IL 60566 Fax:(630)355-5976 117534/2 25 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,E 60560 Fax: (630)553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. 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. E. Severabili tv This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code(65 ILCS 5/11-15.1-1, et seq.) 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. 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. 1175342 26 G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20)years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. CWtions and Paragraph Headines. 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. Recordin Record' This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois,at OWNERS and 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. 11753412 27 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 within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. 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. Allocation of Building Permits The CITY,due to possible lack of sanitary sewer plant capacity, agrees not to allocate it's annually allotted building permits in any manner that would be detrimental to the SUBJECT PROPERTY, nor shall the CITY reserve any number of building permits for any other development if such reservation would result in an insufficient amount of building permits being available to the SUBJECT PROPERTY. P. 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. Q. 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. 117574/2 28 R. Liability of OWNERS. It is expressly understood and agreed by and among the parties hereto that all responsibility of John Robert Ament and Steven L. Ament (Trustees under the Louise Marie Ament Testamentary Trust created by will and dated November 9, 1978), J. Robert Ament and Jack C. Weis (Trustees under the J. Robert Ament Charitable Remainder Trust dated November 3, 2005), John Robert Ament and Jack C.Weis(Trustees under the John Robert Ament Living Trust dated October 19, 2005), Ament I L.L.C., a Wyoming Limited Liability Company, Oakbrook Bank Trust#3405, Robert L Murst, Lori L. Murst, John R. Ament, Ann Marie Sassaman, Jean Erna Ingemunson, Christopher Gabel, Kauie Rudd, Jamie Gabel, and DBRNC, L.P. an Illinois limited partnership shall be extinguished simultaneously with the transfer of title to the real estate from the OWNERS to the Purchaser, Richard Marker Associates, Inc., an Illinois Corporation, as Developer hereunder. Thereafter, the Developer assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that OWNERS shall also have no obligation to perform the obligations of the DEVELOPER, unless said OWNERS agree in writing to assume said obligations. 117534/2 29 IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: DEVELOPER: UNITED CITY OF YORKVILLE, RICHARD MARKER ASSOCIATES,Inc. an Illinois municipal corporation an Illinois corporation By: By: Title: Mayor Richard Marker,President Attest: Attest: Title: City Clerk Secretary Dated: Dated: 117574/2 30 OWNERS: JOHN ROBERT AMENT AND STEVEN L.AMENT,TRUSTEES UNDER THE LOUISE MARIE AMENT TESTAMENTARY TRUST CREATED BY WILL DATED NOVEMBER 9, 1978 John Robert Ament,Trustee Dated Steven L.Ament,Trustee Dated 11753411 31 J.ROBERT AMENT CHARITABLE REMAINDER TRUST DATED NOVEMBER 3,2005 J. Robert Ament,Trustee Dated Jack C.Weis,Trustee Dated 1175342 32 JOHN ROBERT AMENT LIVING TRUST DATED OCTOBER 19,2005 John Robert Ament,Trustee Dated Jack C.Weis Trustee Dated 13753V2 33 AMENT I,L.L.C.,A WYOMING LIMITED LIABILITY COMPANY John Robert Ament,Member Dated Jack C.Weis,Member Dated 117534/2 34 OA%BROO%BAN ,AS TRUSTEE UNDER THE PROVISIONS OFA CERTAIN TRUST AGREEMENT DATED THE 13TH OF SEPTEMBER,2005,AND ANOWNAS TRUST #3405 By (Trustee) Date; 117534/2 35 ANNE MARIE SASSAMAN By: Dated: ❑7534/2 36 JEAN ERNA INGEMUNSON By: Dated: 117534/2 37 CHRISTOPHER GABEL By: Dated: 1175342 38 KARRTR RUDD By: Dated: 117534/2 39 JAMIE GABEL By: Dated: 117534/2 40 DBRNC PARTNERSHIP,L.P., An Illinois limited partnership By: It's General Pa=te,Ross A .t Dated, By: Camtie Ellis At Dated: By: Nan M.Miler Dated: 117534/2 41 ROBERT L MURST Owner/Elector By: Dated: LORI L.MURST Owner/Elector By: Dated: 117534/2 42 JOHN ROBERT AMENT Elector By: Dated: 117534/2 43 Page 14:11]Deleted Vince M.Rosanova - 6/8/200612:15 PM.,:: The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "I" . These regulations as they presently exist, except as amended, vaned, 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 issuance of the first single family building permit. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) 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 OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations 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 (12`s) 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 OWNERS and 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. Draft Date: 6129105 NOTE FROMAPPLICANT: The following document is a draft only. It will be modified in discussions with the City's counsel and retained experts, the applicant's counsel and retained experts and during the hearing and meeting process. Additional or altered terms are likely to arise inasmuch file nature of the process requires a fluid working document. ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE,LLC THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this day of 2006 between the UNITED CITY OF YORKVILLE, a municipal corporation, located in the County of Kendall, State of Illinois ("CITY"), and BRISTOL RIDGE,LLC, as owner and/or developer (OWNER and/or DEVELOPER). WITNESSETH WHEREAS, at the time of execution of this Agreement, the OWNER is the record owner of two parcels of certain real property which are the subject matter of this Agreement. The first parcel,known as the "Oliver Parcel" is approximately 135 acres, more or less, and is subject to a pre-annexation agreement with the CITY and is legally described on EXHIBIT "A" attached hereto and made a part hereof. The second parcel, known as the "Bristol Parcel" is approximately 55 acres, more or less, and is legally described on EXHIBIT "A" attached hereto and made apart hereof. Said parcels are located adjacent to Cannonball Trail in Kendall County, Illinois. WHEREAS, the OWNER and CITY have after due and careful consideration, concluded that it would be best to amend and restate the relevant terms and conditions of the pre-annexation agreement for the Oliver Parcel in this Agreement as the Oliver Parcel and Bristol Parcel are to 1 be developed as one cohesive subdivision. The pre-annexation agreement is attached hereto and made a part hereof as EXHIBIT `B". WHEREAS,the two parcels (collectively the "TERRITORY") are comprised of approximately 190 acres, more or less, and are depicted on the Plat of Annexation attached hereto and made a part hereof as EXHIBIT "C"; and WHEREAS, the OWNER and/or DEVELOPER shall develop the TERRITORY with uses and a design generally consistent with all the criteria contained in this Agreement and in the Preliminary Plat of Subdivision prepared by Jacob & Hefner, dated March 16, 2006, with a revision date of May 19, 2006 attached hereto and made a part hereof as EXHIBIT "D" and in conformance with CITY Ordinances, except as expressly and specifically modified by this Agreement; and WHEREAS, the TERRITORY is currently contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other city or village; and WHEREAS, the OWNER and CITY, respectively, have complied with all applicable ordinances and laws of the State of Illinois regarding annexation and development approvals and all petitions for zoning and development approvals relating to the TERRITORY, all pursuant to and upon such notices and related procedures as are required by the ordinances of the CITY and the laws of the State of Illinois; and WHEREAS, in fulfillment of the aforementioned requirements, the CITY published for and held a public hearing before the Plan Commission on June 14, 2006, on the Annexing and Rezoning proposal for the TERRITORY; and WHEREAS, also in fulfillment of the aforementioned requirements, the CITY published 2 for and held a public hearing before the Mayor and Alderman on July 11, 2006, on the proposed Annexation Agreement for the TERRITORY. WHEREAS, the Mayor and Alderman, after due and careful consideration, have concluded that the execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the TERRITORY as provided 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. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree to as follows: 1. ANNEXATION. The CITY agrees to restate the relevant portions of the pre- annexation agreement as set forth herein and immediately annex the TERRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation. 2. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty(20) years. In the event the annexation of the TERRITORY, the classification of the TERRITORY for zoning purposes or other terms of this Agreement are challenged in any court proceeding,the period of time during which such litigation is pending, shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. 3. ZONING AND OTHER APPLICABLE ORDINANCES. The CITY has examined the Plat of Zoning, as hereinafter defined, this Agreement and other submissions and 3 documentations provided or required in connection therewith and find that it is in compliance with this Agreement. A. Contemporaneously with the annexation of the TERRITORY, the CITY shall adopt an ordinance amending the provisions of the Yorkville Zoning Ordinance so as to provide that the TERRITORY shall be classified into the zoning districts identified on the Plat of Zoning. Rezoning granted shall be in conformance with the Plat of Zoning attached here to and made a part hereof as EXHIBIT "E". B. Further,the CITY agrees to grant those modifications as specified in this Agreement, Preliminary Plat of Subdivision, and Exhibits made a part hereof. C. The CITY and OWNER/DEVELOPER agree that the TERRITORY shall be developed in substantial compliance with the ordinances of the CITY, and this Agreement, together with the Preliminary Plat of Subdivision and Exhibits attached hereto. D. Interim Uses: Interim uses set forth below shall be permitted anywhere on the TERRITORY during the term of this Agreement subject to City Subdivision Control, and/or other applicable ordinances, policies or regulations: a. All types of crop farming. b. Paved Parking lots for models. C. Stock piling of dirt, so long as the location of said stock piling does not impact any adjacent residences and/or active farmland crops. d. Temporary detention. e. Construction storage and office/sales trailers, as permitted in Section 16 of this Agreement. f. Temporary Signs as permitted in Section 15 of this Agreement. Said interim uses shall be allowed only for activities taking place on the TERRITORY and not for any other off-site activities not related to the development of the 4 TERRITORY. E. DEVELOPER shall be allowed to submit final plats for approval in phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at any time during the term of this Agreement, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Preliminary Subdivision Plans and otherwise meet all the requirements of the CITY'S Municipal Codes, except as expressly and specifically modified by this Agreement. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty (60) days of its receipt of such final plat, final engineering and all necessary supporting documentation and information by either; (1) adopting such ordinances as may be required to approve such final plat and final engineering and cause the CITY to process and execute any such final plat of subdivision or (2) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or this Agreement relied upon by the CITY in its request for corrections. F. Throughout the term of this Agreement and any extensions thereof, any setbacks, lot sizes, lot widths, parking ratios, landscaping, and subdivision requirements incorporated in the Preliminary Subdivision Plan shall remain in effect and shall govern the development of the TERRITORY. G. All CITY ordinances, codes, policies and regulations in effective as of the date of this agreement shall be binding upon OWNER and/or DEVELOPER for a period of ten (10) years. Thereafter said ordinances, policies and regulations then in effect shall apply, 5 provided however,that the application of any such ordinance, code,policy and regulation shall not result in a reduction in the number of residential or multi-family building lots herein approved for the TERRITORY, alter or eliminate any of the ordinance deviations provided for herein,nor result in any subdivided lot or structure constructed within the TERRITORY being classified as non-conforming. H. To the extent of any conflict or inconsistency between the terms or standards of this Agreement and the terms or standards of the Subdivision and Development Control Regulations,Zoning Ordinance, Building Code or any other applicable CITY code, ordinance, rule or regulation,the terms and standards of this Agreement shall control. 1. Nothing contained herein shall prevent the CITY from enforcing Code modifications or requirements by other governmental bodies having jurisdiction so long as the enforcement is done consistent throughout the CITY. J. OWNER and/or DEVELOPER may make minor changes to the Preliminary Plat of Subdivision subject to the provisions of this paragraph 3(J). All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: a. A change in the use or character of the development. b. An increase of more than five percent (5%) in the overall coverage of structures. C. A relocation of any street, curb cut or intersection of more than twenty-five (25) feet in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. d. A reduction of more than five percent (5%) in approved open space. e. An increase of more than five percent(5%)in the total--- 6 number of dwelling units, inclusive in total, may be approved by the CITY, without any public hearing, such approval not to be unreasonably conditioned, delayed or denied. 4. PUBLIC IMPROVEMENTS AND SURETY BOND. A. Prior to the commencement of construction for a certain phase of the development,the OWNER and/or DEVELOPER shall provide the CITY with an irrevocable letter of credit, contractor's performance bond or surety bond acceptable to the CITY and issued by an institution approved by the CITY (hereinafter sometimes collectively referred to as "Surety") in an amount equal to one hundred ten percent(110%) of the CITY approved estimate of the established costs of the public improvements to be undertaken for said phase to be developed on the TERRITORY. Any irrevocable letter of credit shall be in a form substantially as set forth in EXHIBIT "G". The estimate of cost shall be initially prepared by the engineer for the OWNER and/or DEVELOPER and shall then be submitted to the CITY engineer for approval, which approval shall not be unreasonably withheld, conditioned or delayed. B. The Surety shall constitute a guarantee that all the public improvements required will be constructed by the OWNER and/or DEVELOPER pursuant to this Agreement, the applicable CITY Ordinances, and the approved final engineering plans and specifications, and shall be completed within a period of time, not to exceed two (2) years from the Final Plan and Plat approval for the TERRITORY or any given Phase thereof(any extension of time may be mutually agreed upon by the OWNER and/or DEVELOPER and the CITY), and that should the OWNER and/or DEVELOPER fail or default in the completion of such obligation within the permitted time, then the CITY may, after complying with the terms and conditions of the Surety, use the Surety to the extent necessary to complete or repair any and all of the improvements 7 secured thereby. C. The OWNER and/or DEVELOPER shall be relieved of all continuing responsibility under a Surety provided pursuant to this Paragraph 4 once the CITY has accepted all public improvements required to be constructed with respect to a given lot(s) of the development of the TERRITORY, all warranty work for such Phase, if any, having been performed by OWNER and/or DEVELOPER and approved by the CITY, and all warranties of the OWNER and/or DEVELOPER hereunder have lapsed,provided, however, that as public improvements are partially completed and paid for by the OWNER and/or DEVELOPER and accepted by the CITY,the Surety deposited by the OWNER and/or DEVELOPER with the CITY, if requested by the OWNER and/or DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis upon the review and recommendation of the CITY Engineer. Upon completion of a major portion of the public improvements required with respect to a given Phase of the development of the TERRITORY, the Surety shall be reduced by the CITY within sixty (60) days of receiving a recommendation from the CITY engineer that said Surety be reduced. The reduction of said Surety shall be in an amount proportional to the work then completed, as reviewed and recommended by the CITY Engineer. The CITY agrees that said review by the CITY engineer shall be of reasonable duration after the submittal of all documents required for said review. The CITY agrees not to condition the reduction in the Surety on the construction of any public improvements not specifically included on the approved final engineering plans for said phase. Notwithstanding anything herein,the CITY shall be entitled to retain ten percent (10%) of the Surety as security for the OWNER'S and/or DEVELOPER"S performance of any 8 warranty work required hereunder, and to use said ten percent(10%) to perform such warranty work in the event that the OWNER and/or DEVELOPER fails to do so. Upon the expiration of the OWNER'S and/or DEVELOPER'S warranty obligation hereunder, the CITY shall promptly release any remaining retained amounts under the relevant Surety. 5. UTILITY CAPACITY AND EXTENSIONS. A. The CITY has determined that the CITY's sanitary sewer transmission system and Yorkville Bristol Sanitary District's treatment capacity,potable water, fire flow and water storage have sufficient capacity and the CITY will reserve sufficient capcity to adequately serve the anticipated uses of the TERRITORY when developed pursuant to the terms of this Agreement. B. To the best of the CITY'S and Yorkville Bristol Sanitary District's knowledge and belief,there is no administrative,judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon any party's right to use the sanitary sewer and potable water supplies and systems serving the CITY, and the CITY will notify the OWNER and/or DEVELOPER and use best efforts to promptly take remedial action if such reduction or limitation is threatened in the future. 6. STORMWATER MANAGEMENT. A. The OWNER and/or DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the TERRITORY in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase subject to the depressional storage volume and the flood plain compensatory volume being provided in the TERRITORY in retention/detention areas above the TERRITORY storage 9 volumes. OWNER and/or DEVELOPER shall use its best efforts to have all required plantings within the retention/detention areas established, weather permitting, prior to selling any lots which abut the retention/detention areas to individual home owners. 7. EXCAVATION. GRADING AND PREPARATION OF TERRITORY. The CITY agrees to allow the OWNER and/or DEVELOPER prior to final approval to allow mass earthwork and grading, provided that the CITY has approved mass grading and erosion control plans for such work,that the OWNERS and/or DEVELOPERS shall comply with all requirements of the CITY Erosion/Sediment Control Ordinance, and provided further that OWNERS and/or DEVELOPERS shall post a Surety in the amount of the cost of such work, as provided by the OWNER'S and/or DEVELOPER'S engineer, subject to the review and approval of the CITY Engineer, which approval shall not be unreasonably withheld, conditioned or delayed, with the CITY as security for the completion hereof, and provided that in the event that OWNERS and/or DEVELOPERS perform or construct any of the public improvements contemplated by Section 4 and Section 10 of this Agreement prior to the time that the CITY has approved the final engineering plans therefore,the CITY may exercise such remedies as it deems necessary to halt such work until such final engineering is approved. 8. RECAPTURE. A. In the event the OWNER and/or DEVELOPER are required by CITY to oversize water, sanitary sewer, storm water pipes and/or facilities or construct roadways and traffic related improvements to serve or benefit other properties, the CITY agrees to enter into a recapture agreement for said costs including but not limited to engineering,.and reasonable interest costs as provided by law. Any recapture agreement shall be substantially in the form as 10 attached hereto and made a part hereof as EXHIBIT "H". 9. EASEMENTS AND APPROVALS. In the event that during the development of the TERRITORY, OWNER and/or DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the TERRITORY in accordance with the Preliminary Plat of Subdivision, the CITY shall fully cooperate with the OWNER and/or DEVELOPER in causing the vacation and relocation of such existing easements. In the event an offsite easement is required, and the OWNER and/or DEVELOPER is unable to acquire such necessary easement the CITY shall exercise its power of eminent domain to acquire the same, provided OWNER and/or DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. OWNER and/or DEVELOPER shall place a landscape buffer easement in the rear yards on the Final Plat covering Lots 131-117. Said landscape buffer easement shall be planted by the OWNER and/or DEVELOPER but shall be maintained by the individual home owner for each Lot. 10. CONNECTION TO CITY SERVICES. A. No users shall be permitted to connect to the sewer and water mains until the CITY or its designee (at the sole discretion of the City)has inspected and approved all such lines and the lines have received final regulatory approval from the Illinois Environmental Protection Agency, if required, and all applicable CITY and/or Yorkville Bristol Sanitary District fees have been paid. B. The sole and exclusive purpose of such connections by the OWNER and/or DEVELOPER shall be to provide sanitary sewer and potable water services to the subject TERRITORY. tt C. The OWNER and/or DEVELOPER shall be responsible for paying to the CITY its tap-on connection fees pursuant to the applicable CITY Ordinances in effect at the time of recording of the final plat for each phase of the development,provided the OWNER and/or DEVELOPER receive written notice of any changes or proposed changes to the fees and that changes shall not take effect within the TERRITORY for one-hundred-eighty (18 0) days from the date of any such notice. OWNER and/or DEVELOPER may pre-pay any fee proposed to be changed which shall freeze said proposed fee increase and not affect the TERRITORY. The tap- on connection fees shall be paid contemporaneously with the issuance of building permits within the TERRITORY,unless otherwise agreed to by the CITY. 11. PUBLIC IMPROVEMENTS WARRANTY. A. The CITY, once it has had the opportunity to inspect and fully confirm the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications and ordinances, shall approve all such public improvements, all in accordance with Paragraph 10B. below, shall accept their dedication subject to the OWNER'S and/or DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvement located therein. OWNER and/or DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one (1) year after acceptance thereof by the CITY. Upon notice from the CITY, OWNER and/or DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in the event that the OWNER"S and/or DEVELOPER'S construction of any Phase of th`e- development in the TERRIORTY is determined to have damaged any public improvements 12 previously installed by the OWNER and/or DEVELOPER within the TERRITOTY,then upon notice thereof from the CITY, OWNER and/or DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. B. Infrastructure (public improvements and facilities) shall be accepted by the CITY according to the CITY Subdivision Control Ordinance. 12. PUBLIC UTILITIES. The installation of the necessary and appropriate on-site electric, natural gas, cable television, and telephone services to the TERRITORY shall be by underground installation and pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNER and/or DEVELOPER to permit the extension of all such utilities along existing public rights-of-way and otherwise allow the extension of all necessary utilities to the TERRITORY, provided, however,that the CITY'S agreement to cooperate with the OWNER and/or DEVELOPER to allow the extension of utilities to the TERRITORY shall in no way relieve the OWNERS and/or DEVELOPER of their obligations to obtain any and all easements and permits necessary to do so, at their sole cost and expense. 13. RIGHT-OF-WAY DEDICATIONS AND ROADWAY IMPROVEMENTS. The OWNER and/or DEVELOPER shall dedicate or cause to be dedicated to the CITY and/or applicable agency, all necessary rights-of-way as shown on the Final Plat of Subdivision for the TERRITORY. 14. INGRESS AND EGRESS. The CITY hereby agrees to approve the proposed public right-of-way connections, in which the CITY has jurisdictional control to review and-- approve, for the TERRITORY as shown on the Preliminary Plat of Subdivision attached hereto. 13 The OWNER and/or DEVELOPER acknowledge that any proposed right-of-way connections to roadways outside the jurisdictional control of the CITY shall be reviewed and approved by said applicable jurisdiction. Prior to or concurrently with any final plan or final plat review,the OWNER and/or DEVELOPER shall submit written approval from the applicable jurisdiction for said right-of-way connections. OWNER and/or DEVELOPER shall provide a temporary emergency only access over, through and across Lot 132 until a point in time when a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail. After a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail the OWNER and/or DEVELOPER may develop Lot 132 as a single family residence. 15. SIGNAGE. The CITY agrees to allow the following signage to be used in the development: A. Permanent Development Entry Sian. (i) Definition: Main monument sign at entry locations of the subdivision Preliminary Plat of Subdivision. (ii) Number: Six (6). B. Temporary Signs. (i) Definition: Any sign,banner or advertisement for the development on the TERRITORY. (ii) Number: Four(4). (iii) Maximum Size: Ten feet by ten feet(10' x 10') double sided. (iv) Removal: Said sign/s shall be removed upon completion of 85%build-out of the residential lots within the particular phase. C. Other Sign/s. (i) Definition: Any flag, balloon or other advertisement device. (ii) Removal: Said signs shall be removed upon completion of 85%build-out of the residential lots within the TERRITORY. D. Model Home Signs: One (1) identification sign in front of each model home; a 14 maximum of four(4) feet in height and twelve (12) square feet in size. Model home signs shall be removed upon occupying the home for normal residential use. E. No Signs in CITY Right of Way, Permits: OWNER/DEVELOPER agrees that no signs shall be placed in CITY Right of Way, and that a permit shall be obtained prior to erecting any of the above signs. 16. MODELS,MODEL AREAS, TEMPORARY TRAILERS. A. Construction. The CITY agrees to allow the DEVELOPER and/or the builder of the end product ("BUILDER") to construct, maintain and use model home(s) during the development and build out of the TERRITORY prior to final plat approval for each type of housing product being constructed in a particular Phase of the development. Each DEVELOPER and/or BUILDER shall submit to the CITY for its review and approval plans and specifications for each model home(s) that the DEVELOPER and/or BUILDER seeks to construct within the model area provided construction of a dust free aggregate surface acceptable to the CITY in order to provide adequate emergency services to and adjacent to the said model(s); and posting of the necessary surety guaranteeing public improvements. It is agreed that a model home(s) shall not be used as a model until it is connected to all utilities. In the event that the utilities are not available, the CITY shall permit the DEVELOPER and/or BUILDER to install temporary electricity generators, propane gas tanks for heat and waste water holding tanks to serve the model home(s), provided that each such temporary tank shall be removed and disconnected and said model home(s) shall be connected to the utilities as soon as the utilities become available. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported, from time to time,to a receptacle designated by 15 the CITY within ten (10) miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said model home(s). B. Model Area. The CITY agrees to permit in the model area, temporary fencing, lighting, signage,paved parking lots and promotional structures upon submission of appropriate plans to and approval by the CITY. Said temporary fencing shall not exceed four (4) feet in height, and be accessible for the provision of emergency services. Said temporary modells signage shall be as per Section 15 of this Agreement. Prior to the CITY accepting the public improvements in the model area, the DEVELOPER and/or BUILDER shall remove all temporary fencing, lighting, signage, parking lot/s and promotional structures. C. Temporary Sales Office Trailer. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary sales office trailer(s), subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. In the event that the utilities are not available,the CITY shall permit the DEVELOPER and/or BUILDER to install temporary electricity generators, propane gas tanks for heat and waste water holding tanks to serve the temporary sales office trailer(s). DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported, from time to time,to a receptacle designated by the CITY within ten (10)miles from the perimeter of the TERRITORY. Said temporary sales office trailer shall be removed at such time 16 as the model home(s) being served by said temporary sales office trailer are available for model occupancy. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary sales office trailer. D. Model Occupancy. Prior to the DEVELOPER and/or BUILDER occupying any model home or model unit, the DEVELOPER and/or BUILDER shall schedule a final inspection of said model home or model unit with the CITY's Building and Zoning Department. Upon approval of said final inspection, the respective model home or model unit may be used accordingly. E. Temporary Construction Office Trailer. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use a temporary construction office trailer, subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than two (2) temporary construction office trailers for each contractor providing construction services to said TERRITORY. In the event that the utilities are not available, the CITY shall permit the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary construction office trailers. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported, from time to time, to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its 17 officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary construction office trailer. F. Temporary Construction Storage Trailers. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary construction storage trailers, subject to providing construction services to said TERRITORY submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than one (1) temporary construction storage trailer per contractor providing construction services to said TERRITORY. 17. LOT SIZES. The CITY agrees to the sizes, lot widths and depths for the land use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT "D". 18. SETBACKS AND/OR BUIDLING SEPARATIONS. The CITY agrees to the setbacks and/or building separations for the land use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT "D". 19. ADJACENT FARMS. The OWNER and/or DEVELOPER of the TERRITORY acknowledge that Kendall County has a long, rich tradition in agriculture and respects he role that farming continues to play in shaping the economic viability of the County, normal agriculture practices may result in occasional smells, dust, sights,noise and unique hours of operation that are not typical in other zoning areas. The OWNER and/or DEVELOPER of the TERRITORY agrees to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within the Homeowner's Association Documents, Covenants and Restrictions Documents or other such documents governing the subdivision. 18 20. STUB STREET CONNECTIONS. The OWNER and/or DEVELOPER of the property acknowledge that roadways which do not end in an intersection or a cul-de-sac will continue to the boundary of the TERRITORY to provide for a connection with future roadways and adjacent developments. 21. FEES, DONATIONS AND CONTRIBUTIONS. ***Travis this section will need to be expanded and/or revised to incorporate the fees from the pre-annexation agreement*** A. OWNER and/or DEVELOPER shall pay fees to the CITY as set forth on the attached EXHIBIT "H," attached hereto and incorporated herein. The OWNER and/ DEVELOPER shall pay such fees in effect at the time of the recording of the Final Plat for each phase of the proposed development,provided the OWNER and/or DEVELOPER receive written notice of any changes or proposed changes to the fees and that changes shall not take effect within the TERRITORY for one-hundred-eighty (180) days from the date of any such notice. OWNER and/or DEVELOPER may pre-pay any fee proposed to be changed which shall freeze said proposed fee increase and not affect the TERRITORY. B. No contribution of land for school purposes shall be required of OWNER and/or DEVELOPER as a result of the development of the TERRITORY. In lieu of the contribution of land, OWNER and/or DEVELOPER agrees to pay to the CITY for distribution by the CITY to the School District, as OWNER and/or DEVELOPER's sole and exclusive contribution for school purposes as a result of the development of the TERRITORY, the sum of $ per residential dwelling unit regardless of the number of bedrooms contained in each dwelling unit (hereinafter referred to as the "School Contribution"). Payment to satisfy a cash 19 contribution shall be payable to the School District at the time of issuance of a building permit for each dwelling unit, unless otherwise agreed to herein. C. OWNER and/or DEVELOPER shall contribute 6.1 acres of land identified as Lot 405 on the Preliminary Plat of Subdivision and the sum of$ per residential dwelling unit regardless of the number of bedrooms contained in each dwelling unit as its exclusive contribution for park purposes as a result of the development of the TERRITORY (hereinafter referred to as the "Park Contribution"). Payment to satisfy a cash contribution shall be payable to the Parks Department at the time of issuance of a building permit for each dwelling unit. 22. CREATION OF HOMEOWNER'S ASSOCIATION AND DORMANT SPECIAL SERVICE AREA. OWNER and/or DEVELOPER shall create a Homeowner's Association that will be responsible for maintaining all common areas of the development, unless the same are accepted by the CITY. The OWNER and/or DEVELOPER shall further provide for the creation of a back-up "dormant" Special Service Area Tax for maintenance of said common areas and for the TERRITORY prior to or concurrent with the recording of the first Final Plat of Subdivision for the development. 23. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The CITY agrees to issue within ten (10) business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not limit the number of building permits which may be issued or the time of issuance 20 of building permits during the term of this Agreement. The CITY agrees to issue within ten(10) business days after receipt of application to the CITY Building Department certificates of occupancy or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not be obligated to issue a certificate of occupancy for any residential unit constructed within the TERRITORY until the unit for which a certificate of occupancy is being sought is connected to and capable of being served by sanitary sewers, storm sewers, water mains, public streets, natural gas lines and electric utilities, and is in conformance with the CITY'S Building Codes. The above notwithstanding, the CITY agrees to issue conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks, driveways, and required landscaping. The developer of the lot shall post a financial guarantee to cover the costs of said improvements not covered under the Surety submitted as provided in this Agreement. The CITY shall not limit the number of certificates of occupancy or the time of issuance of Certificates of occupancy during the term of this Agreement. 24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by the OWNER and/or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY, including, but not limited to those required from the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency, the Army Corps of Engineers and the Federal Emergency Management Agency. The CITY further agrees to reasonably cooperate with the 21 OWNER and/or DEVELOPER in obtaining all other permits and approvals required by the County of Kendall and other governmental units in connection with the contemplated development of the TERRITORY. 25. GOVERNING LAW; ENFORCEMENT; REMEDIES. A. The laws of the State of Illinois shall govern the validity,performance and enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure the specific performance of this Agreement, or to secure any and all other remedies available at law or in equity in connection with, the covenants, agreements, conditions, and obligations contained herein. Venue for any action is in the Circuit court of Kendall County, Illinois. B. In the event of a material breach of this Agreement, the Parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, any breach by the OWNER and/or DEVELOPER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or 30 day delay. C. In the event the performance of any covenant to be performed hereunder by either OWNER and/or DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include,but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case)the time for such performance shall be 22 extended by the amount of time of such delay. 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. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreements and negotiations between the parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the parties relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between or among them, other than are herein set forth. B. 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 Municipal Code and Illinois Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the TERRITORY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the TERRITORY not affected by such Amendment. Any modification to the Preliminary Plat of Subdivision shall not require an amendment to this Agreement. In the event the Parties desire to amend this Agreement, the signature of all parties owning property within the TERRITORY shall not be required to effect such Agreement. Rather, only those property owners owning property within that portion of the TERRITORY actually and directly affected by the proposed Amendment shall be required to 23 execute any Amendment hereto. 27. SUCCESSORS AND ASSIGNS. This Agreement shall constitute a covenant running with the land and be binding upon and inure to the benefit of the Parties hereto, their successors in interest, assignees, lessees. Upon the conveyance or assignment by OWNER, DEVELOPER AND/OR BUILDER of its interest in the TERRITORY to any successor, assignee, or nominee, OWNER, DEVELOPER AND/OR BUILDER shall be released from any and all further liability or responsibility under this Agreement, and the CITY shall thereafter look only to the successor, assignee, or nominee of OWNER, DEVELOPER AND/OR BUILDER concerning the performance of such duties and obligations of OWNER, DEVELOPER AND/OR BUILDER required herein. 28. SEVERABILITY. Should any provision of this Agreement, or application thereof to any party or circumstance, be held invalid and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision, then all remaining provisions shall remain in full force and effect. 29. TIME. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto. 30. NOTICE. All notices, elections, and other communications between the Parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested,postage prepaid, or delivered personally,to the parties at the following addresses, or at such other address as the parties may, by notice, designate: If to the CITY: United City of Yorkville Attn: City Clerk 24 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville Attn: City Attorney 800 Game Farm Road Yorkville, IL 60560 If to the OWNER and/or DEVELOPER: Bristol Ridge,LLC Attn: James Menard 800 Roosevelt Road Building A, Suite 100 Glen Ellyn, IL 60137 With a copy to: Rathje&Woodward, LLC Kevin M. Carrara,Esq. 300 East Roosevelt Road, Suite 300 Wheaton, IL 60187 Notices shall be deemed received on the third business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. 31. CORPORATE AUTHORITIES. The parties acknowledge and agree that the individuals who are members of the group constitute the Corporate Authorities of the CITY are entering into this Agreement in their capacities as members of such group and shall have no personal liability in their individual capacities. 32. AGREEMENT. This Agreement or any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties hereto,pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be 25 amended by the CITY and the owner of record of the TERRITORY as provisions applying exclusively thereto, without the consent of the owner of portions of the TERRITORY not effected by such amendment. 33. ANNEXATION CHALLENGE. If for any reason and at anytime, the annexation of the TERRITORY to the CITY or the terms of this Agreement is legally challenged by any person or entity by an action at law or in equity, CITY shall: (1) cooperate with the OWNER and DEVELOPER in the vigorous defense of such action through all proceedings, including appeals; and (2)take such other actions as may be then or thereafter possible pursuant to the Illinois Municipal Code to annex the TERRITOTY and/or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and/or effected under the terms of this Agreement. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE TO FOLLOW. 26 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE, an Illinois municipal corporation: BY: Mayor ATTEST: City Clerk OWNER AND/OR DEVELOPER: BRISTOL RIDGE,LLC BY: James Menard, Manager 27 SCHEDULE OF EXHIBITS EXHIBIT A: LEGAL DESCRIPTION EXHIBIT B: PLAT OF ANNEXATIOJN EXHIBIT C: PRE-ANNEXATION AGREEMENT EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION EXHIBIT E: PLAT OF ZONING EXHIBIT F: LETTER OF CREDIT EXHIBIT G: RECAPTURE AGREEMENT EXHIBIT H: SCHEDULE OF FEES 28 EXHIBIT A: LEGAL DESCRIPTION 29 EXHIBIT B: PLAT OF ANNEXATIOJN 30 EXHIBIT C: PRE-ANNEXATION AGREEMENT 31 EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION 32 EXHIBIT E: PLAT OF ZONING 33 EXHIBIT F: LETTER OF CREDIT 34 EXHIBIT G RECAPTURE AGREEMENT 35 EXHIBIT H SCHEDULE OF FEES 36 MINUTES OF THE REGULAR MEETING OF TAE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO HELD IN THE CITY COUNCII.CHAMBERS. 800 GAME FARM ROAD ON TUESDAY,JUNE 27,Z006. As Mayor Prochaska was out of town,Mayor Pro Temp Surd called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLLCALL Clerk Milschewski called the roll. Ward 1 James Present Leslie Absent Ward 11 Bard Present Wolfer Absent Ward III Bock Absent Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,Police Chief Martin,Director of Park& Recreation Mogel and Public Relations Manager Spies. UO ORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Pro Temp Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,July 3,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,June 29,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 pan.,Thursday,July 6,2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 p.m.,Thursday,July 13,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Tuesday,July 11,2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. Mtuutes of the Regular Meetine of the City Council-June 27,2006-uaee 2 CONSENT AGENDA 1. Scada Improvements-Bid Results-award to Kamp/Synergy{LLC in an annoau not to exceed$147,23700(PW 2006-94) 2. Resolution 2006-48-Approving Engineering Agreement with Walter E Deuchler Associates,Inc.for Design Services of the Aux Sable Creek Interceptor,Force Main and Pump Station-approve in an amount not to exceed$760,000.00 and authorize the Mayor and City Clerk to execute (PW 2006-95) 3. Water Department Report for February 2006(PW 2006-96) 4. Water Department Report for March 2006(PW 2006-97) 5. Water Department Report for April 2006(PW 2006-98) 6. Well No.7 Treatment Facility-Change Order No.6-authorize increase in an amount not to exceed$6,932.27 authorize Mayor to execute(PW 2006-99) 7. Well Nos.3 and 4 Treatment Facility-Change Order No.I-authorize increase in an amount not to exceed$2,755.00 authorize Mayor to execute(PW 2006-100) 8. Rob Roy Creek Interceptor(Contract 46)-Change Order#1- authorize decrease in an mmount not to exceed$76,509.16 and authorize Mayor to execute(PW 2006-101) 9. Rob Roy Creek Interceptor(North Branch Contract#1)-Bid Results- award to Anderson Underground,Inc.in an amount not to exceed$966,861.87(PW 2006-102) 10. Purohme of Backhoe/Loader-approve purchase of backboeAoader in an annount not to exceed$75,676.00 and trade-in of 1993 backhoe in the amount oj$10,000.00jor a total annount not to exceed$55,676.00(PW 2006-103) 11.Resolution 2006-49-IDOT Highway Permit and Resolution-Raymond Storm Sewer Outfall-authorize the Mayor mid City Clerk to execute(PW 2006-104) 12. Prestwick of Yorkville(Phase 1)-Construction Guarantee-agree to accept a reduced bond or letter of credit in the amount of$2,778.346.96 (PW 2006-107) 13. Grande Reserve-Neighborhood 17 Watermain Easement-authorize the Mayor and City Clerk to execute(PW 2006-109) 14.New Water Meter System-approve=presented(PW 2006-111) 15. MFT Crack Filling Project Bid Results-award to SKC Construction,Inc.in an annount not to exceed$24,895.55(PW 2006-112) 16.Resolution 2006-50—IDOT Highway Penn it and Resolution-Sunfield Restaurant- authorize the Mayor and City Clerk to execute(PW 2006-113) 17.Monthly Treasurer's Report for April 2006(ADM 2006-37) I8.Police Reports for May 2006(PS 2006-27) 19.Resolution 2006-51-Establishing the Job Description for the Position of Records Supervisor-authorize the Mayor and City Clerk to execute(PS 2006-28) 20.Resolution 2006-52-Establishing the Job Description for the Position of Part Time Secretary to the Board of Fire&Police Commissioners- authorize the Mayor and City Clerk to execute(PS 2006-29) 21. Tuscany Plaza Development Agreement(PC 2006-31) a) Ordinance 2006-55-Authorizing the Execution of a Development Agreement- authorize the Mayor and City Clerk to execute b) Ordinance 2006-56-Rezoning-authorize the Mayor and City Clerk to execute 22. Ordinance 2006-57-Declaring Compliance with Illinois Prevailing Wage Act- authorize the Mayor mid City Clerk to execute(CC 2006-03). 23.Resolution 2006-53-Approving Revised Engineering Agreement with Engineering Enterprises Inc.(EEI)for Southwest Water Works System Improvements Contracts F.I through F.5-authorize the Mayor and City Clerk to execute,subject to developer funding (PW 2006-92) 24.Prestwick of Yorkville(Phase 1)-Letter of Understanding-approve letter of understanding and authorize the Mayor and ChyAttorney to execute(PW 2006-106) 25. Bid Results for Kennedy Road at Freedom Place Intersection Improvements-award to Aurora Blacktop,Inc.in an amount not to exceed$157,897.92(PW 2006-115) 26.Resolution 2006-54-Approving Glen Palmer Dam Intergovernmental Agreement- authorize the Mayor and City Clerk to execute(PW 2006-116) Mayor Pro Tom Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye REPORTS MAYOR'SREPORT None. The Minutes of the Regular Meetine of the City Council—June 27.2006—paee 3 CITY COUNCIL REPORT Mayor Pro Tem A motion was made by Mayor Pro Tem Burd to appoint Alderman Rose Spears as Mayor Pro Tem pursuant to the City policy for selection of Mayor Pro Tem;seconded by Alderman Munns. Alderman Besco noted that Mayor Pro Two Bard skipped the following agenda items:the Plan Commission/Zoning Board of Appeals Report;Minutes for Approval and Bill Payments for Approval items on the agenda. Alderman Bard stated that the motion was on the floor and Alderman Spears could address these items. Motion approved by a roll call vote. Ayes-4 Nays-0 Present-1 Munns-aye,Burd-aye,Spears-present,Besco-aye,James-aye Alderman Burd turned the meeting over to Mayor Pro Tem Spears. PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated June 15,2006 totaling the following amounts:checks in the amount of $7,407.99(vendors—FY 05106);$788,752.21(vendors—FY 06/07);211,444.59(payroll period ending 6/10106);for a total of$1,007,604.79; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meetings of March 7,2006,April 4,2006,May 2,2006 and June 6,2006;the minutes of the Special City Council meeting of May 30,2006 and the Special Town Meeting of April 20,2006; seconded by Alderman Wolfer. Motion approved by a viva voce vote. REPORTS CONTINUED ADDITIONAL CITY COUNCIL REPORT Ordinance 2006-58 Governing Ordinance A motion was made by Mayor Pro Tem Spears to adopt the Governing Ordinance as presented; seconded by Alderman Burd. Alderman Munns asked for clarification as to which version the City Council was voting on. Attorney Wyeth stated that Version 2 was the final draft and Version 3 was the final draft with the most recent changes highlighted. Alderman Bard asked for the following additions and/or corrections: o Section ID—Aldermen—paragraph B—she asked that the last sentence be amended to read"No alderman or mayor shall speak...." o Section III—Aldermen—paragraph C—she asked that a semicolon be added after the word"forfeited"in the last sentence. o Section III—Aldermen—paragraph K—she asked that verbiage from Robert's Rules of Order,Debate on the Question,line 31"...they must never attack or make any allusion to the motives of members."be added to the paragraph. She asked that the word"they"be changed to"aldermen". o Section III—Mayor—paragraph D—she asked that a semicolon be added after the word "item"in the last sentence. The members of the City Council present agreed to the changes and/or corrections. Alderman Besco noted that in a previous draft it stated that no alderman could hold a chairmanship twice and he questioned if this was feasible. Attorney Wyeth stated that during discussion it was recommended to exclude this provision. The Minutes of the Regular Meeting of the City Council—June 27.2006—page 4 Attorney Wyeth noted that the motion on the floor approves the ordinance as"presented"and four amendments had been made. Mayor Pro Tom Spears entertained a motion to include the four changes recommended by Alderman Burd. So moved by Alderman Mums;seconded by Alderman Besco. Attorney Wyeth reiterated the four changes as noted above. Alderman Burd commented that this ordinance was suggested by professors from Northern Illinois University. She stated that this will be a good tool when newly elected officials begin on the City Council. - Aldermen Basco,Bard,Mums and Spears expressed their thanks to the aldermen who developed the ordinance,the staff and Drs.Gabris and Woods who assisted with the document. Alderman Spears asked that the members of the City Council get a clean copy for reference purposes. Motion to amend approved by a roll call vote. Ayes-5 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye Motion approved by a roll call vote. Ayes-5 Nays-0 Burd-aye,Spears-aye,Besco-aye,James-aye,Mumts-aye ATTORNEY'S REPORT Attorney Wyeth reported that the closing for the old post office property was set for Friday,June 30,2006. The City will officially own the property after about noon that day. Alderman James noted that there is still a sign on Route 47 indicated the post office location and it should be removed. Treasurer Powell stated that he already addressed this and it is being taken care of. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT Fine Arts Festival Director Mogle reported that the City had a successful Fine Arts Festival June 24,2006. Ten vendors participated and the good weather brought a nice crowd. Sweetness Run Director Mogle reported that the Sweetness Run was a success with 230 runners participating. He thanked the Police Department and Community Relations Manager Spies for their help with the event. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Rolling on the River Event Mrs.Spies reported that there will be a bicycle event,"Rolling on the River"held in Yorkville on Labor Day Weekend 2006. It will be a two-day event and will tie into the Hometown Days Festival. Hastert Mobile Office Mrs.Spies reported that Representative Hastert's mobile office would be at City Hall on July 27, 2006 from 1:00 to 2:00 p.m. The Minutes of the Regular Meeting of the City Council—June 27.2006—Page 5 Corporate Volunteers Mrs.Spies reported that she has received several calls from various corporations expressing an interest in their employees doing community service. She asked the City Council to contact her if they knew of any groups looking for volunteers and she would pass the information on to those interested in helping. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2006-55 Engineering Agreement with Engineering Enterprises Inc for Southwest Transportation Improvement Contracts F.6 through F.8 (PW 2006-93) A motion was made by Alderman Besco to approve a Resolution approving an Engineering Agreement with Engineering Enterprises Inc.for Southwest Transportation Improvement Contracts F.6 through F.8,subject to developer funding as presented,also subject to legal review; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-0 Nays-1 James-aye,Munns-aye,Burd-aye,Spears-nay,Besco-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2006-56 Declaring Official Intent to Issue Special Tax Bonds Westbury East Village (ADM 2006-38) A motion was made by Alderman James to approve a resolution declaring official intent to issue Special Tax Bonds for Westbury East Village,as presented;seconded by Alderman Besco. Alderman Besco commented that he thought the SSA was part of the original agreement that was amended. Attorney Wyeth explained that this is an old annexation agreement(1999)that predates the SSA changes and this follows the original agreement. Alderman Bosco asked if the remaining two villages of Westbury will have similar SSAs. Administrator Crois explained that there are five villages and two fall under the old entitlement while the remaining three fall under the new SSA provisions. Alderman Munns asked if a City Council is obligated to honor agreements passed by a previous Council. Attorney Wyeth stated they were because there is a contractual obligation however he noted that each annexation agreement has a duration with the statutory obligation being twenty years. Motion approved by a roll call vote. Ayes-5 Nays-0 Spears-aye,Besco-aye,James-aye,Mums-aye,Burd-eye Ordinance 2006-59 Proposing the Establishment of Special Service Area Number 2006-111-Westbury East Village (ADM 2006-39) A motion was made by Alderman James to approve an Ordinance proposing the establishment of Special Service Area No.2006-111 for Westbury East Village;as presented;seconded by Alderman Besco. Alderman Spears commented that she was not in favor of SSAs however this was already included in an agreement so it was useless to vote against it. Motion approved by a roll call vote. Ayes-5 Nays-0 Besco-aye,James-aye,Mums-aye,Burd-aye,Spears-aye The Minutes of the Reffular Meetinc of the City Council—June 27.2006—mme 6 Resolution 2006-57 Declaring Official Intent to Issue Special Tax Bonds Westbury South Village (ADM 2006-40) A motion was made by Alderman James to approve a resolution declaring official intent to issue Special Tax Bonds for Westbury South Village,as presented;seconded by Alderman Besco. Alderman Manna asked if the SSAs for the remaining three villages are not approved,will this affect what is being approved tonight. Attorney Dan Kramer representing the developer explained that these SSAs would still stand if the others are not approved. Alderman Besco asked if the developer will bring forward SSAs for the remaining villages that comply with the new policy. Attorney Kramer stated that the developer would like the SSAs uniform throughout the development He also noted that the type of SSA needed,based on the improvements to Route 47,the increase in commercial area,schools,etc.,was discussed at length at the Administration Committee. He stated that the developer is not biding the fact that they would like traditional SSAs for the remaining villages. Alderman Burd asked if the developer was putting up a sign indicating that this is an SSA development. Attorney Kramer stated that this will be done. Patrick Hughes with the developer Ocean-Atlantic stated that the draft annexation agreement addresses much of the things discussed with the Administration Committee. He stated that he would be happy to answer any questions at any time;whether it would be at another meeting or individually. Aldemnan Spears noted she was against SSAs however the information presented to the Administration Committee was thorough and informative.She stated that in this instance the SSA may be warranted and beneficial. She further stated that she would be satisfied with the SSA due to the improvements being made by the developer as long as purchasers are totally informed of it. Motion approved by a roll call vote. Ayes-5 Nays-0 Besco-aye,James-aye,Munns-aye,Burd-aye,Spears-aye Ordinance 2006-60 Proposing the Establishment of Special Service Area Number 2006-112-Westbury South Village (ADM 2006-41) A motion was made by Alderman James to approve an ordinance proposing the establishment of Special Service Area No.2006-112 for Westbury South Village;as presented;seconded by Alderman Besco. Alderman Besco thanked the Administration Committee for their work on the Westbury SSAs. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye ADDITIONAL BUSINESS Elected Official Pay Alderman Burd questioned if the quarterly payments for the elected official became affected this fiscal year or after the next election. Attorney Wyeth stated that he thought it was after the next election however he and Finance Director Mika would look into the matter. Governing Ordinance Implementation Alderman Manus questioned how and when the Governing Ordinance would be implemented. The Council decided to discuss this further at the next Committee of the Whole meeting on July 7,2006. ADJOURNMENT A motion was made by Mayor Pro Tern Spears to adjourn;seconded by Alderman Besco. Motion approved by a viva voce vote. Meeting adjourned at 7:50 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 8 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday,May 16,2006—7:00 pm In Attendance: City Art Prochaska- Mayor John Crois—Interim City Administrator Jim Bock—Alderman Bart Olson—Assistant City Administrator Rose Spears -Alderwoman John Wyeth—City Attorney Dean Wolfer—Alderman Travis Miller—Community Development Director Paul James—Alderman David Mogle—Parks & Rec. Exec. Director Lynsey Johnson—Administrative Assistant Eric Dhuse—Director of Public Works Denise Kasper—Payroll &Benefits Specialist Ron Robinson—IT Technician Bill Powell—Treasurer Guests Heather Gillers—Beacon News Kathy Farren—Kendall County Record Lynn Dubajic—YEDC R. T. Stanciu—Windham Homes Tom Grant—Rivers Edge David Branch—Hallmark Homes David Waden—Land Vision Mayor Prochaska called the meeting to order at 7:20pm due to an Executive Session immediately prior to C.O.W. PUBLIC HEARING: None PRESENTATIONS: 1. Six Pillars of Yorkville—Concept Plan David Branch of Hallmark Homes and David Waden of Land Vision were in attendance and gave a presentation for Six Pillars. It is bounded by High Point Rd. and Walker Road and sits on 350 acres with 618 single-family homes planned. A park site is also proposed. Wheeler Road will be continued through this development from the MPI South project. Mayor Prochaska commented that the density of 1.76 units per acre exceeds the maximum density of 1.75 in the Comprehensive Plan. Under the plan,the developer must demonstrate why the City should allow the greater density. Mr. Branch said the request would probably be scaled back due to an earlier meeting with the school. In addition, the Park Board would like the park to be Page 2 of 8 contiguous to the school. The Mayor also said the Plan Commission was concerned about the traffic on High Point Road if the school was built there. This presentation concluded at 7:30pm. DETAIL BILL LIST: Following are the questions and responses regarding the bill list: Page 33: Legal matters-- Seyfarth Shaw, was not considered direct negotiations and therefore placed under Administration expenses Page 40: Ace Radio Shack—wireless router,was for Council Chambers Page 44: Annual Management Association-$950—fee is for advice for employee issues,review of job descriptions, is a resource for Human Resource questions, also provides training. This membership has been retained for 3 years. Page 16: Jensen Entertainment—DJ service for appreciation dinner. The bill list will move to City Council for consideration. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1. ADM 2006-33 Monthly Treasurer's Report for March 2006 There were no comments and the report will move to City Council. MAYOR: There will be a Coffee with the Mayor at the Silver Dollar Restaurant, May 20`h. (Following item taken out of order) PUBLIC WORKS 8. PW 2006-88 River's Edge Subdivision– Watermain Recapture As part of the annexation agreement,the developer was eligible to apply for recapture of part of the Fox Road watermain costs. Attorney Tom Grant said Joe Wywrot sent a letter on February 7`h giving the background for the recapture and all the conditions have been met. An expiration date of 20 years was used for the agreement. The Mayor said this was a standard agreement. This information will be recorded and nearby property owners will be notified that City water services are available if so desired. This matter will go to City Council for consideration on the consent agenda. An ordinance will be forthcoming as well as the revised final agreement. (Returned to order of agenda) ADHOC TECHNOLOGY COMMITTEE: 1. Tower Rental and Wireless Internet Service Mr. Robinson said the City had sent out RFP's and only one had been returned which was from PDQLink. The proposal would allow the water towers to be rented in exchange for high speed access for residents. He said this service would not affect cellular service and that the frequencies Page 3 of 8 are different. He added that he had sent queries to nearby towns regarding rental of towers, however, he received no replies. Free access in the parks would also be offered as well as possible service in the schools and library. This service would not replace the T-1 connection. The Mayor suggested including language in the contract regarding locations of possible free service. He also said it might be helpful to include it at City Hall for people giving presentations. Wireless service would be needed for the proposed laptop computers for the Council members, however, laptops are not in the budget at this time. Mayor Prochaska asked Mr. Robinson to meet with PDQ and draft a contract for review. Language should be included regarding interference and non-performance. ECONOMIC DEVELOPMENT COMMITTEE: 1. PC 2006-20 Pulte Homes—Westl:aven—Amendment to Annexation and PUD Agreement and Zoning Matt Cudney was present to answer questions regarding the amendment. Alderman James said he wished to limit the number of stoplights along Rte. 47. Mayor Prochaska said the City has been working with the developer to address that issue and will use frontage or ring roads as a solution. Access to the east was discussed,but Mr. Cudney said none is planned at this time due to berms and the fact that the residents would not want traffic on private streets. The Mayor said the City is certain to receive calls asking why there is no access to the commercial area without driving onto Galena. Mayor Prochaska suggested gating the community so that the development does not become a cut- through,however,Mr. Cudney said it is very expensive to have a gate and remote control openers for all the residents. Mr. Cudney said that a potential gate should be left up to the homeowners association. Mayor Prochaska concluded by saying he wants the access road to remain. The developer will meet with Attorney Wyeth to determine language in the agreement. This will return to the Council for further discussion. 2. EDC 2006-12 Revised PUD Ordinance It was noted that this item should have been on the June 6s' agenda. This will move forward for a vote on the consent agenda next week. 3. EDC 2006-11 Jefferson Street/Route 47—]DOT Improvement Concept Plans Travis Miller had rquested this item to come back to the Council as there was no official action when Mike Schoppe gave his presentation. It was noted that no vote was needed from the Council to work with IDOT and that previous discussions were a matter of public record. No further action was taken. Page 4 of 8 PARK BOARD: 1. Grande Reserve Park D—FYI David Mogle said this 5-acre park has a school theme and is one of 9 parks in Grande Reserve. A trail within the development will connect with a regional trail. He explained the various amenities of the park and noted the total budget was $66,900 with the developer purchasing and installing the equipment. It is expected to be complete by August. PUBLIC WORKS COMMITTEE: 1. PS 2006-19 Driveway Regulation Modifications to Zoning Ordinance This issue had been discussed in the Public Safety committee meeting. Mr. Miller stated there were suggested modifications to the zoning ordinance and they stem from the parking ban. He detailed the various recommendations and said the changes were highlighted in a memo. Alderwoman Spears noted particular problems with cul-de-sacs. There was a discussion of widths of driveways, garages and setbacks. Eric Dhuse suggested setting a maximum width for a 30-foot drivem that includes flares and bring this issue back to C.O.W. It will be discussed again at the June 20 C.O.W. 2. PW 2006-80 Heartland Circle Bond Reduction #6 Mr. Dhuse said this is a standard bond reduction and that Mr. Wywrot had recommended it move forward. It will be placed on the consent agenda. 3. PW 2006-82 Raintree Village Unit 6—Construction Guarantee Some work was already done at this site and this item is to set the letter of credit. Mr. Wywrot gave a positive recommendation for this and it moves to the consent agenda. 4. PW 2006-83 Rob Roy Creek Interceptor(North Branch) —Construction Inspection Documents from Walter Deuchler&Associates were included in the agenda packets. This item is the proposal for the interceptor north branch inspection at a cost not to exceed $75,600. Alderwoman Spears asked if the City approves a fee schedule for Deuchler. Mayor Prochaska said the developer pays for this project and the City oversees it. Ms. Spears suggested that the fee schedule should be reviewed even though the developer will pay the costs. This will move to the consent agenda. Mr. Crois will also talk with Walter Deuchler about the engineering fees and this matter will return to the Public Works committee. 5. PW 2006-84 Galena Road Watermain—Plat of Easement This document is needed to be able to connect the water main from Grande Reserve to Bristol Bay. The two new wells will be connected into the existing system and this will allow water to be pumped on the north side of the City. This will move to the consent agenda. 6. PW 2006-85 Public Works Project Update 7. PW 2006-86 New Backhoe Purchase Mr. Dhuse said these items are project updates for the Council. Bids will be opened on May 19th for the replacement of a backhoe purchased in 1992. The ling Street well is nearly complete and wells#3 &4 are almost done including the buildings. The Mayor asked about the striping the Page 5 of 8 County had done on Van Emmon and said it stopped when it got to the City. He asked Mr. Dhuse to research that. 9. PW 2006-89 Recommended Nominees for Historical Street Names Public Works is the starting point for street naming. Mr. Dhuse listed the suggested names and said the Human Resource Commission gave their approval. This will move to City Council on the consent agenda. When they are approved, Engineering will furnish that information to the Post Office and KenCom. 10. PW 2006-90 Countryside Parkway (E.Kendall—Center Pkwy.) -Bid Results Aurora Blacktop was the only bidder for this road project with a cost of just over the engineer's estimate. This was due to the increase in petroleum products. This will move forward to the consent agenda. PUBLIC SAFETY COMMITTEE: No report. ADM MSTRATION COMMITTEE: 1. ADM 2006-28 Hoover Boy Scout Camp— Update on Process John Crois said CorLands is holding property that Grande Reserve is donating to the City. Mr. Crois and Mr. Mogle have met with grant consultants for a possible grant for the property that is located on Kennedy Road by Blackberry Creek The initial 3-year agreement that stipulates CorLands would hold property for the City expires this July. It can be extended for two additional 1-year periods at$10,000 per year. Mayor Prochaska clarified that CorLands is still holding a piece of land at Hoover and the parties to this agreement are: Boy Scouts, City of Yorkville,Forest Preserve and CorLands. The goal is to find the money to purchase the remaining third of the property from CorLands. At one time it was hoped to be able to swap the pieces of property,however,that did not come to fruition. The City currently has a"Use Agreement" for the Kennedy road property. The property can be used as a"match"for a future ASLAD grant. To use it as a match, CorLands must still retain the title. This is one of the decisions the Council must make--to either allow Corlands to own it and find matching grants or if the City takes ownership,the City cannot obtain grants. Mr. Crois advised again owning the property and said a suggestion had been made to form a foundation in order to hold the land, however,there is not sufficient time to form a foundation by July 1 lt'. The Mayor suggested attempting to secure a grant and asked if the agreement with CorLands could be pro-rated subsequent to formation of the foundation. Mr. Crois noted that the grant-writers encouraged future developers to donate more acres than necessary. Those extra acres would go into the foundation and the developer could benefit from tax deductions. Page 6 of 8 After a long discussion, it was decided that Mr. Wyeth and Mr. Crois will draft a contract to have CorLands continue holding the land at a cost of$10,000 and ask them to pro-rate the costs if a foundation is formed. This matter will move forward to the June 6`n C.O.W. 2. ADM 2006-13 Hiring Policy This proposed policy suggests that recruiting agencies should be used for hiring the City Administrator, Police Chief and Director of Parks and Recreation. Ms. Spears asked if the discussion could be postponed until more Aldermen were present,however,the committee members did have a brief discussion. Attorney Wyeth suggested this matter should be in the form of a policy rather than an ordinance and it was felt that this matter should move forward. The policy would be established by a vote on a resolution that Mr. Wyeth will draft. The Administration Committee will discuss the basic hiring policy again at a future meeting. 3.ADM 2006-31 Staff Salary Survey Bart Olson summarized the two memos contained in the agenda packet. Alderwoman Spears suggested postponing this discussion until a"plan of hires"was ready,however,the Mayor said this item referred to the current employees. It was noted that Yorkville is below the salary level of some other municipalities. Mayor Prochaska said it was important to find"salary ranges"for the various positions and not necessarily changes individual employees' salaries. A few salaries are currently above the ranges and there was discussion on how these would be handled. In these instances,the range would be allowed to be unchanged for a few years rather than lower someone's salary. COLA and raise information were included in the survey. The survey interpretation was also briefly discussed. This item will return to the June 20a' C.O.W. LEGISLATIVE TASK FORCE: 1. Task Force Report Alderman Bock said there were still some typographical errors and duplication in the document. He also noted that one portion stipulated that each Alderman is allowed five minutes to speak and then two minutes, while the Mayor was only allowed five minutes. He felt all should have equal time. Mayor Prochaska said that Robert's Rules allows the Mayor to summarize a discussion and hoped that summarization would not be his allotted time. That needs to be addressed in the document. He also noted that a super majority is needed to override the Mayor. Many of the items in the Governing Ordinance came from Robert's Rules and the purpose was to condense the rules that govern the City. Alderman James suggested that it would be a good idea to reference Robert's Rules in the document and the committee agreed. The term"Mayor's Ruling"was also questioned. Attorney Wyeth also identified some corrections/clarifications that were needed. It was noted that this document will come back to committee many times before its approval, when the rules contained it are applied to future meetings, i.e. speaking five minutes and then two minutes. It was questioned whether or not this format would apply to the Committee of the Whole Meetings and other Page 7 of 8 committee meetings where the atmosphere has previously been informal. The Mayor encouraged the committee members to consider that aspect. There was also a brief discussion of the following points: the right of Aldermen to hold ward meetings and possible necessary notifications to other Aldermen, no provision for the Mayor to be allowed to hold a meeting with constituents,the "dress code"under Ethical Standards"is vague, the ability of the Mayor to designate an official spokesperson—can it be someone other than an Alderman? Attorney Wyeth will make the corrections/revisions and they will be discussed at a future meeting. ADDITIONAL BUSINESS: Alderman James asked about a recent State road repair project on Rt. 47 south at Rte. 71 and Walker Road. He asked how there could be money for this overlay project, but not for Rte. 47 in Yorkville. He said the road was basically in good shape and wondered why the money was spent on this and not used on widening. Mayor Prochaska said that Rte. 47 widening is in a budget not yet passed. He suggested sending a letter to the Governor and General Assembly and asked Attorney Wyeth to draft one. Alderwoman Spears said the Administration Committee had asked Bart Olson and John Crois to research recruitment of an intern for Finance, Community Relations etc. Mr. Olson said he chose not to have an intern in Administration,but is looking into one for Finance. The deadline for an MPA intern was in April,but an undergraduate could be arranged. Ms. Spears said that ordinances should include maintaining traffic control signs in the Countryside area, even though it is privately owned because some of the signs are fading. The Mayor suggested researching the International Code for references to such signs. Ms. Spears also said that Grande Reserve has not updated their handicapped signs to state the fine is $250 for illegally parking in those spots. Mayor Prochaska had two issues to discuss. He said the City needed to pass a resolution opposing a commerce and energy group that would take franchise rights away from the City. He had a sample draft of such a resolution from another municipality. Additionally,he wants to upgrade the cable ordinance to redefine what constitutes cable service. Part of the Lightspeed project requires very large boxes to be installed throughout the City. Each box serves only about 300 homes and that would require several boxes throughout the City. He said some communities have placed moratoriums on this project until more research could be done. Attorney Wyeth was directed to draft a document regarding this project. Page 8 of 8 Bill Powell suggested a laser pointer for use in conjunction with presentations. There was no additional business and the meeting was adjourned at 10:20pm. Minutes respectfully submitted by Marlys Young,Minute Taker N1 vo)2 # STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- ORDINANCE APPROVING VARIANCES FOR SIDE YARD SETBACK AND ACCESSORY STRUCTURES FOR THE BUSINESS LOCATED AT 504 SOUTH BRIDGE STREET (SPEEDWAY SUPERAMERICA) WHEREAS, Marathon Petroleum Company,LLC ("Petitioners") filed ZBA Petition 2006-39 requesting a variance for the corner side yard,the transitional yard, the accessory structure, and the separation between an accessory structure and the primary structure for the business located at 504 South Bridge Street which is more specifically described in the attached Exhibit"A"; and WHEREAS,the Zoning Board of Appeals of the United City of Yorkville held a public hearing on June 6, 2006 with regard to said Petition; and WHEREAS,the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought; and Page 1 of 4 WHEREAS, the Zoning Board of Appeals recommended the approval of the applicant's requested variances with the following conditions: a. Establish a variable height(starting at six foot high as measured from the parking lot grade at the southern end of the property) opaque fence along the existing retaining wall (eastern and northern property lines). This fence shall extend from the eastern property line to the building with a gate that would allow people to leave the property. b. Provide landscaping between the fence (see condition 41 above) and the property line of an intensity that meets the present landscape code. c. That the intensity of exterior lighting remain no more intense than the present situation. WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact and recommendations made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioners. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting,the following Variances are hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit"A": Page 2 of 4 1. Reduce the corner side yard from the required 30 feet to 15 feet for the . primary structure (a 50%reduction) and from 30 feet to 10 feet for the canopy (a 66 %reduction) (Section 104C-4:13.1), 2. Reduce the transitional yard from the required 30 feet to 20 feet for the primary structure (a 33 %reduction) and from 30 feet to 25 feet for the canopy(a 16%reduction) (Section 10-7C-4:D), 3. Reduce the accessory structure setback from 5 feet to 2.5 feet for the trash enclosure (a 50%reduction) (Section 10-3-5:A), 4. Reduce the required separation between an accessory structure and the primary structure from 10 feet to 5 feet for the trash enclosure (a 50% reduction) (Section 10-3-5:A). And that said Variances shall be conditional upon petitioners providing: a. Establish a variable height(starting at six foot high as measured from the parking lot grade at the southern end of the property) opaque fence along the existing retaining wall (eastern and northern property lines). This fence shall extend from the eastern property line to the building with a gate that would allow people to leave the property. b. Provide landscaping between the fence(see condition#1 above) and the property line of an intensity that meets the present landscape code. c. That the intensity of exterior lighting remain no more intense than the present situation.; and No other variance from the City Code for design,plan or specifications for said structure is permitted by this Ordinance. Page 3 of 4 IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2006 by the City Council of the United City of Yorkville. JAMES BOCK 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 Page 4 of 4