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City Council Packet 2006 08-08-06 'e,'° C,r o United City of Yorkville ' 800 Game Farm Road E9r. 1936 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,August 8,2006 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: As.endments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee Committee of the Whole To be Announced 7:00 p.m, Tuesday,August 15, 2006 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday,August 15, 2006 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, September 5, 2006 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, September 5,2006 City Hall Conference Room Presentations: 1. Presentation of Certificates of Recognition for Eagle Scout Awards presented to Michael DiGiovanna and Kyle Rorie 2. Presentation of Defibrillator by Yorkville Moose Lodge 2371 to Yorkville Police Department City Council Meeting Agenda August 8,2006 Page 2 Public Hearings: 1. PC 2006-34 - Cannonball, LLC, Harlem Irving Companies, and Cooper Home Furnishings,petitioners, request to rezone from Kendall County A-1 Agricultural District to PUD zoning to allow uses permitted in the B-3 Service Business District, R-1 One Family Residence District, and R-3 General Residence District and for hearing as to the Preliminary PUD Plan of Petitioner. The real property consists of approximately 193 acres located on the northwest corner of US 34 and Cannonball Trail,Kendall County,Illinois. 2. PC 2005-44 -Donald E. Schramm and Standard Bank& Trust, as Trustee under a certain Agreement dated 4/1/04 and known as Trust # 18130,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development zoning to allow uses permitted in the commercial, office and residential districts, and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 182.25 acres at 9338 Bypass 30,Bristol Township,Kendall County, Illinois. 3. PC 2006-43 - Ocean Atlantic-Chicago, LLC, Michael and Tamara Rosenwinkel, Howard and Rebecca Rosenwinkel, Timothy and Mark Rosenwinkel, John Rosenwinkel, estate of Angeline Schultz by Rosemary Svanovick and Fred Schultz, estate of Mildred Hankes by Lawerence Hankes and Rita Rios, Katherine Schultz, Feltes Sand and Gravel Co. an Illinois corporation., Nelson Land Company an Illinois corporation and Larry Willis, and Gary L. Bennett and Betty Bennett, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development zoning to allow uses permitted in the R-2 One-Family Residence,R-4 General Residence and B-3 Service Business districts and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 748.64 acres directly west of Route 47, south of Galena Road and north of Corneils Road, Yorkville, Kendall County, Illinois. Citizen Comments: Consent Agenda: 1. ADM 2006-43 Monthly Treasurer's Report for May 2006 2. PS 2006-30 Police Reports for June 2006 3. EDC 2006-17 Building Permit Report for June 2006 4. EDC 2006-50 Ordinance Rezoning Prairie Point- authorize Mayor and City Clerk to execute 5. EDC 2006-18 Intergovernmental Agreement Between County of Kendall, Kendall County Public Building Commission and the United City of Yorkville (Beecher Road Right-of-Way) -authorize Mayor and City Clerk to execute 6. EDC 2006-14 Ordinance Amending Title 10 -Zoning-authorize Mayor and City Clerk to execute 7. PS 2006-33 Purchase of Three Squad Cars - approve purchase of three Ford Crown Victoria squad cars in an amount not to exceed$56,859.00 of which$37,582.00 will be funded from the vehicles line item #20-000-75-00-7005 and$19,277.00 will be subsidized from the reserve fund line item 920-000-78-00-9009. City Council Meeting Agenda August 8, 2006 Page 3 Consent Agenda(con't): 8. PS 2006-34 Private Street Name -approve the name "Tommy Hughes Way"for the private alley at the South Shell station 9. ADM 2006-48 Monthly Treasurer's Report for June 2006 10. ADM 2006-51 Ordinance Amending Ordinance 2000-11 Regarding School Transition Fees - authorize Mayor and City Clerk to execute Plan Commission /Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—April 11, 2006 and June 13,2006 Minutes of Committee of the Whole—June 20,2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,455,468.29 (vendors) $ 199,860.93 (payroll period ending 7/22/06) $ 1,655,329.22 (total) Reports: Mayor's Report: 1. Appointment of Kelly Sedgwick to Park Board 2. PKBD 2006-06 Raintree Village Park A-Equipment Purchase 3. Sewer Backup Repair Estimate City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: 1. Replacement of Copy Machine City Council Meeting Agenda August 8,2006 Page 4 Reports (con't): 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 2006-34 Kendall Marketplace—Development Agreement a. Ordinance Authorizing the Execution of a Development Agreement b. Ordinance Rezoning 2. Matlock Property—Annexation a. Ordinance Annexing 3. PC 2004-33 Silver Fox—Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning 4. PC 2005-34 Evergreen Farms—Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning 5. PC 2005-03 Aspen Ridge—Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning 6. PC 2005-33 Chally Farm—Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning 7. PC 2005-32 Yorkwood Estates—Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning City Council Meeting Agenda August 8, 2006 Page 5 Committee Reports (con't): Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES �UBLIC WORKSi 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 [ECONOMIC DEVELOPMENT, Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business &Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development (PUBLIC SAFETV Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Conunittee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock City Council Meeting Agenda August 8, 2006 Page 6 COMMITTEES,MEMBERS AND RESPONSIBILITIES (con't) "MI_NIST_RATION 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: TECHNOLOG Committee Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock Qv J UW Z < Q a F- t� w a bo J si W t' O 7 .-r w VJJa W/ C `� J • 9 ' II M mi ol IN � � 1 a;-.;_-,i ,r I 1 Ir CS IN FA 1 n. GJ V1 � C� ct c v �S _............ 11lii 39�VIN aw3H tl�It13NV01W Ri� p MADU MOM _]_v�.e h1aG 1�.AV4V'J6 � 0 �11111111 foil III Ii11 wl {9 11 1 111 !!s 11 ! 31513 IP < if fit 11 111 1 9 Yj LE � rya J_ u is �rroaw. i i `�' 1 1 r. 1�' �� r � f '' __ _ ', �, 1 1_� ______ _— ��''--_�. 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SCHRAMM and STANDARD BANK AND TRUST, as Trustee Under a Certain Agreement dated April 1, 2004 and known as Trust Number 18190, herein after referred to collectively as"OWNER". WITNESSETH WHEREAS, OWNER own fee simple title to the real property which is legally described in Exhibit"A"attached hereto, consisting of approximately 218.29 acres,more or less (hereinafter"PROPERTY"); and WHEREAS,it is the desire of OWNER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time OWNERS propose that the PROPERTY be rezoned as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit`B",to be developed with single-family detached,townhomes,two-family, and apartment residences and a commercial area with the B-3 permitted uses and with the right for allowable special use within the B-3 zoning ordinance, as depicted on the Concept PUD Plan attached hereto and incorporated herein as Exhibit"C"; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and CITY has or will perform all acts and execute all documents required by law to effectuate such annexation; and WHEREAS,it is the intent of OWNER to utilize the regional stormwater management system located north of Galena Road and south of Galena Road for the subject PROPERTY; and 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto,pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS,the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS,the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CIFFY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,in reliance upon the development of the PROPERTY in the manner proposed, OWNER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS,in accordance with the powers granted to the CITY by the provisions of 65 ILLS 5/11-15.1-1 through 15.1-5, inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by,the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law,the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained,and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. ANNEXATION. OWNER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY,the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit"B",to be developed with single-family detached,townhomes,two-family, and apartment residences and a commercial area with the B-3 permitted uses and the right for allowable special use within the B-3, as depicted on the Concept PUD Plan attached hereto and incorporated herein as Exhibit"C". B. Contemporaneously with the Annexation of the PROPERTY,the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five(5)years from the date of approval of the final plat. After the expiration of said five (5)year time frame,if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or,building codes,the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. 3. ANNEXATION TO SANITARY DISTRICT OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the applicable sanitary district indicated on the Facility Plan Area for the applicable sanitary district and the City agrees the cost of the Facility Plan Area is included within the annexation planning process as outlined in Section 4. I as reimbursable or deferred until final plat approval. 4. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay a School Transition Fee as set out in the applicable City Ordinance at the time of execution of this Agreement as to School Transition fees per residential dwelling unit in said subdivision,to the Yorkville Community School District, City Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be 3 paid per residential dwelling units concurrent with and prior to the issuance of each respective subject residential building permit. Said fees are being paid voluntarily and with the consent of OWNERS and any DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. The CITY agrees that the amount of fees including, but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and school transition fees to be paid by OWNER or any DEVELOPER shall consist of the fee enacted at the time of execution of this Agreement for a period five(5)years from the approval of the final plat for the property by the United City of Yorkville. Upon the expiration of the five(5)year period OWNER and/or any DEVLOPER shall be pay the current fee as enacted by Ordinance by the United City of Yorkville. The OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business purposes under the terms of this Agreement. B. OWNER shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances. OWNER shall subject to the requirements under existing City Ordinances for a period of five (5) years from the date of submittal of any final plat for the PROPERTY. In the event of the expiration of said five(5)year period OWNER and/or any DEVELOPER shall all school and park land-cash fees or provide land dedication as required under the then existing City Ordinance. C. It is understood and agreed between the parties hereto that the Property and each Phase and Parcel may continue to be used and occupied (without any change or alteration) for the current uses of the existing OWNER of the Property and/or as are permitted in the current zoning classifications. D. THE UNITED CITY OF YORKVILLE agrees to abate Real Estate Taxes for,the City's portion of the City and Library Real Estate Taxes as to the subject parcel. The abatement will occur until the earlier of the development of the property or upon a Final Plat of Subdivision being recorded for any portion of the subject real property. E. Owner shall not be required by THE UNTIED CITY OF YORKVILLE to connect to the city water or Sanitary Sewer System as a result of entering into this annexation Agreement, but may do so upon its desire to obtain those services, when available to the subject property. 4 F. In the event City water and sewer are unavailable at the time Owner desires to develop the subject property,the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of private well and septic systems. In determining the applicability of such a variance for the subject parcel, the City shall consider soil types,density, intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. G. Upon annexation,police protection; 911 service, and library service will be provided by the City at no charge to Owner. H. The City will not require the Owner annex to Yorkville Bristol Sanitary District or other applicable sanitary district,until platting or a building permit seeking to connect to the City sewer system is sought by Owner. I. The UNITED CITY OF YORKVILLE will provide,through its Engineer or Planner, an initial concept plan, if so desired, to the property owner. City agrees that in consideration of Owner voluntarily entering into this Annexation Agreement, the City at its expense shall pay all of its Consultants, all publication, application,annexation and recording fees for the Annexation and Zoning of the subject property, planning,including Facility Plan amendment to the IEPA, plus other costs directly related to the annexation platting and recording of the annexation agreement and shall at City expense,prepare an Annexation Plat thereof and all necessary Ordinances in an amount not to exceed $25,000.00. The OWNER shall be responsible for any planning and/or engineering fees incurred in excess of $25,000.00. J. The CITY will cooperate with OWNER in obtaining all necessary governmental approvals including,without limitation, the approval of the Illinois Department of Transportation("IDOT") access permits and right-of-way connections to the Property or any Parcel or Phase thereof Subject to the terms of the Agreement, OWNER shall dedicate to the CITY all necessary on-site right-of-ways, and construct all on-site public right-of-way improvements for the Property and all roadways as shown on the Site Plan. The CITY will support the application of access permits for at least two (2) access request along Route 30 from Route 47 and at least two (2) access permits along Route 47 south of Route 30 and two (2) access permits on Route 47 north of Route 30. K. That the OWNER agrees to comply with the United City of Yorkville Landscape Ordinance and specifically complete the necessary vegetation 5 and tree survey for the PROPERTY pursuant to the aforementioned Ordinance. Furthermore,the OWNER agrees to cooperate in or cause the removal of vegetation, shrubbery and trees located along the Rob Roy Creek area of the PROPERTY to ensure the maximum viewscape of the commercial development adjoining the PROPERTY. 5. OVERSIZING. In the event OWNER is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER within 30 days of connection by the OWNER of any other parcel of real property connecting to said improvements, for OWNER'S costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the OWNER seeks said reimbursement,the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes 65 ILCS 5-9-5-1, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. In the event any said oversizing is required, the CITY and OWNER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including,but not limited to, successor owners of record, successor developers,lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty(20)years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 6 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement;those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement,the party claiming such failure shall notify in writing,by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 City Attorney John Wyeth, City Attorney 800 Game Farm Road Yorkville, IL 60560 OWNER OWNER'S ATTY: 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement,the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 7 10. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell,transfer, mortgage and assign all or any part of the PROPERTY or any Phase or Parcel and the improvements thereon to other persons,trusts, partnerships,firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts,partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold,transferred,mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY, Phase or Parcel so sold,transferred or assigned, without limiting the foregoing provisions of this Section. 11. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and,to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid,the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning,variations and plat approvals proposed herein. 11. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY,which is not conveyed or under development as provided herein, may be used for farming purposes,regardless of the underlying zoning. 8 IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK OWNER: DONALD E. SCHRAMM BANK AND TRUST, as Trustee Under a Certain Agreement dated April 1,2004 and known as Trust Number 18190 By: 9 Pxk R3: , THAT PART OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED BY COMMENCING AT THE CENTER OF SAID SECTION 4; THENCE SOUTH 97 DEGREES 57 MINUTES ZB,SECONDS WEST ALONG THE SOUTH LAVE OF SAID NORTHWEST QUARTER SECTION, 1428.37 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 20 SECONDS WEST A DISTANCE OF 232.35 FEET, THENCE SOUTH 89 DEGREES 01 MINUTES 00 SECONDS EAST OF 275.80 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 15.35 FEET TO THE CENTERLINE OF ROB ROY CREEK;THENCE NORTH 1 DEGREE 24 MINUTES 14 SECONDS EAST ALONG THE CENTER LINE OF SAID CREEK,A DISTANCE OF 300.01 FEET TO A POINT OF BEND; THENCE NORTH 1 DEGREE 43 MINUTES 41 SECONDS WEST,ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 179.98 FEET TO A POINT OF BEND; THENCE NORTH 4 DEGREES 28 MINUTES 30 SECONDS WEST ALONG SAID CENTERLINE OF CREEK TO A POINT OF BEND; THENCE NORTH 5 DEGREES 39 MINUTES 22 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 81.24 FEET TO THE SOUTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 87 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 71.14 FEET TO SAID WESTERLY RIGHT OF WAY OF ILLINOIS ROUTE 47; THENCE SOUTH ALONG SAID RIGHT OF WAY,A CURVE TO THE LEFT HAVING A RADIUS OF 8962.22 FEET A DISTANCE OF 756.89 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 0 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 3.29 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 28 SECONDS WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 0 DEGREES it MINUTES 32 SECONDS EAST A DISTANCE OF 129.72 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. DEL A: THAT PART OF THE NORTH HALF OF SECTION 4,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 4 FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 57 MINUTES 28 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF SECTION 4, 1426.37 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 20 SECONDS WEST 232.35 FEET; THENCE SOUTH 89 DEGREES 01 MINUTES WEST 170.60 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTH 0 DEGREES 11 MINUTES 24 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 131.55 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 6567.22 FEET; THENCE NORTHERLY ALONG SAID CURVED RIGHT OF WAY LINE, 1871,17 FEET TO A POINT OF TANGENT OF SAID CURVE; THENCE NORTH 12 DEGREES 19 MINUTES 16 SECONDS EAST ALONG SAID TANGENT 113.54 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY; THENCE NORTH 40 DEGREES 43 MINUTES 59 SECONDS EAST ALONG SAID RIGHT OF WAY, 8.63 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY LINE;THENCE NORTH 14 DEGREES 55 MINUTES 44 SECONDS EAST ALONG SAID RIGHT OF WAY LINE,294.38 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY LINE; THENCE NORTH 0 DEGREES 49 MINUTES 06 SECONDS EAST 352.75 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 30; THENCE NORTH 78 DEGREES 25 MINUTES 26 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 219.10 FEET; THENCE NORTH 89 DEGREES 04 MINUTES EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE 2276.94 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, THENCE SOUTH 1 DEGREE 17 MINUTES 27 SECONDS EAST ALONG SAID EAST LINE 2951.80 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID NORTHEAST QUARTER OF SECTION 4,THENCE SOUTH 87 DEGREES 57 MINUTES 29 SECONDS WEST ALONG SAID SOUTH LINE 1324.92 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DEEDED TO COMMONWEALTH EDISON COMPANY FOR RIGHT OF WAY, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, PARCEL 5: THAT PART OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER of SAID SECTION 4, THENCE NORTH 89 DEGREES D8 MINUTES 10 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 4 A DISTANCE OF 1370.66 FEET TO A POINT IN THE CENTERLINE OF ROB ROY CREEK FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 7.92 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 9509.34 FEET A DISTANCE OF 654.90 FEET TO THE POINT OF NON-TANGENCY OF SAID CURVE WHOSE CURVE BEARS SOUTH 10 DEGREES 01 MINUTES 43 SECONDS WEST A DISTANCE OF 654.77 FEET;THENCE SOUTH 12 DEGREES 19 MINUTES 18 SECONDS WEST A DISTANCE OF 199.17 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 6652.22 FEET; THENCE SOUTHERLY ALONG SAID CURVED'RIGHT OF WAY A DISTANCE OF 627,98 FEET WHOSE CHORD BEARS SOUTH 9 DEGREES 15 MINUTES 16 SECONDS WEST A DISTANCE OF 927.54 FEET TO THE NORTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY; THENCE SOUTH 87 DEGREES 57 MINUTES 16 SECONDS WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 70.57 FEET TO THE CENTERLINE OF SAID ROB ROY CREEK; THENCE NORTH 5 DEGREES 39 MINUTES 22 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 125.73 FEET TO A POINT OF BEND; THENCE NORTH 12 DEGREES 21 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 1670.51 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. bIic- e�ri�J PREPARED BY AND RETURN AFTER RECORDING TO: David S.Warner Freeborn&Peters LLP 311 South Wacker Drive Suite 3000 Chicago,Illinois 60606-6677 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) DRAFT 6128106 Revised 8101106 TABLE OF CONTENTS [To Be Added] 2 DRAFT 6128/06 Revised 8/01/06 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement")is made and entered as of the day of 2006("Ejjective Date") by, between, and among Old Second National Bank of Aurora, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 6121, f/k/a Kane County Bank and Trust Company, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 583 for the benefit of Michael Rosenwinkel, Tammy Rosenwinkel, Howard Rosenwinkel, Becky Rosenwinkel, Timothy Rosenwinkel, Mark Rosenwinkel, and John Rosenwinkel; Estate of Angeline Schultz by Rosemary Svanovick and Fred Schultz, Co- Executors; Estate of Mildred Hankes by Lawrence Hanks and Rita Rios, Co-Executors; Katherine Schultz;Feltes Sand&Gravel Co.,an Illinois corporation;Nelson Land Company,an Illinois corporation; Larry Willis; Gary L. Bennett and Betty Bennett (collectively, " W� NERS");_ Ocean Atlantic Chicago_LLC,_ a Delaware limited liability_ company __- oeiered:ar"e" (',DEVELOPER), and the United City of Yorkville, a municipal corporation organized and___ -- Deleted:neremPer existing under and by virtue of the laws of the State of Illinois CjaTF). The Owners,_t_h_e _ -- Deleted:Gy Developer,and the City are collectively referred to in this Agreement as the"Parties." Formatted:Font:Bold,Italic RECITALS: A. The Owners are, as of the Effective Date,the owners of record of approximately 744.5 acres of real estate,which property is generally depicted on Exhibit A-1 attached hereto, and is legally described and on Exhibit A-2 attached hereto("Property"). B. The Property is located in unincorporated Kendall County, Illinois and is currently used primarily for agricultural purposes ("Existing Uses') and is contiguous to the corporate limits of the City and is not within the corporate limits of any municipality. C. In accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code ("Municipal Code'), 65 ILCS 5/7-1-8, the Owner has filed with the City's municipal clerk a voluntary petition requesting annexation of the Property to the City, executed under oath, executed by all owners of record of all land within and at least 51% of all the electors residing within the Property (`Annexation Petition), conditioned upon the execution of a mutually acceptable annexation agreement.The Annexation Petition was filed on June 26.2006 C Pedfion- ,_- Deleted:May a Filing Date'). D. The Owners desire and propose to have the Property annexed to the City pursuant to and in accordance with Section 7-1-8 of the Municipal Code, 65 ILLS 5/7-1-8, and this Agreement. E. On July 1, 1997, the City, Richard A. Undesser, and Henrietta Undesser entered into that certain Annexation Agreement to the United City of Yorkville Galena Road,Route 47 and Comeils Road("East Village Annexation Agreement')for the annexation of approximately 3 DRAFT 6/28/06 Revised 8101106 257 acres generally east of the Property, which East Village Annexation Agreement was amended and restated on September 9, 2004 to allow for,among other things,the annexation of an additional 43 acres,more or less(collectively,such 300 acres is referred to in this Agreement as the"East Village"). F. On July 27, 2000, the City, Michael Rosenwinkel, and Tamara Rosenwinkel entered into that certain Annexation Agreement to the United City of Yorkville Michael Rosenwinkel and Tamara Rosenwinkel ("South Village Annexation Agreement') for the annexation of approximately 131 acres generally south of the Property("South Village"),which South Village Annexation Agreement was amended on August 15,2005. G. The Developer desires and proposes to develop the South Village, the East Village and the Property as a single, coordinated development containing residential, commercial,and recreational uses. H. The Property,the East Village,and the South Village shall be known collectively as"Westbury." I. The Developer has filed with the City a concept plan with latest revision date of and consisting of pages prepared by Lannert Group,a copy of which is attached to this Agreement as Exhibit B("Concept Plan"). J. The Mayor and Aldermen("Corporate Authorities"),appropriate City boards and commissions, and City staff have reviewed the Concept Plan and matters relating to this Agreement. Based on such reviews,the City, along with the Owners and Developer, desire that the Property be developed and used only in compliance with this Agreement, and any amendments to this Agreement as may subsequently be agreed to by the Parties, in the manner herein provided. K. Pursuant to the provisions of Sections 11-15.1-1 et seq., of the Municipal Code, 65 ILLS 5/11-15.1-1 et seq., and pursuant to the other powers and authorities of the City, a proposed annexation agreement,similar in form and substance as this Agreement,was submitted to the Corporate Authorities and, pursuant to notice published in The Beacon News on as provided by statute and ordinance,the Corporate Authorities held a public hearing on the annexation agreement on L. Pursuant to notice as required by statute and ordinance,a public hearing was held on 2006,by the City's Planning Commission with regard to the zoning map amendments described in this Agreement, and with regard to all other matters requiring Planning Commission consideration, and the Planning Commission has submitted its recommendations for approval to the Corporate Authorities. M. Each township highway commissioner, township trustee, fire protection district, library district, and other person or entity entitled to notice prior to the actions contemplated herein has been given notice thereof by the City as required by law. 4 DRAFT 628106 Revised 8101106 N. The Corporate Authorities, after due and careful consideration, have concluded that the annexation,development,and use of the Property,pursuant to and in accordance with the terms and conditions of this Agreement, would further enable the City to control the development of the area, increase its tax assessable area, would serve the best interests of the City,and is consistent with the character of,and existing development patterns in,the City. O. This Agreement is made pursuant to and in accordance with the provisions of Sections 11-15.1-1,et seq.,of the Municipal Code,65 ILCS 5/11-15/1-1 et seq.,the laws,codes, regulations,and requirements of the City("City Codes")and the laws, statutes,and constitutions of the State of Illinois and the United States of America. NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants and agreements set forth in this Agreement,the Parties agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of all applicable federal, state, and local laws, statutes, codes,ordinances,resolutions,orders,rules,and regulations("Requirements of Lan?�. 2. ANNEXATION. A. The Developer,with the written consent of the Owners,has filed,or caused to be filed,with the City Clerk a plat of annexation("Plat of Annexation')that contains an accurate map of the Property and the contiguous rights-of-way to be annexed. B. Immediately after the approval and execution of this Agreement,the City,through the action of its Corporate Authorities, shall pass and approve an ordinance ("Annexation Ordinance')to annex the Property(and any contiguous rights-of-way,as depicted in the Plat of Annexation)to the City. C. Immediately after passage and approval of the Annexation Ordinance, the Developer and the Owners shall, with the cooperation of the City, cause the recording of all documents necessary to accomplish the annexation of the Property to the City,including,.but not limited to, the recording of the Annexation Ordinance, along with all necessary plats and affidavits of service of notice,in accordance with the Requirements of Law,to be recorded in the Office of the Recorder of Kendall County. Without the written consent of the Owners and the Developer,no action shall be taken by the Corporate Authorities to annex any part or portion of the Property unless this Agreement has been fully executed by the Parties,and all of the Property is annexed to the City at the same time. D. If, for any reason and at any time, the annexation of the Property is legally challenged by any person or entity by an action at law or in equity,the City shall cooperate with the Owners and the Developer in the vigorous defense of such action through all proceedings, including any appeals,and take such other actions as may then or thereafter be possible pursuant to the Requirements of Law to annex the Property. OWNERS/DEVELOPER agrees to bear all expenses associated with any such legal actions. 5 DRAFT 6128106 Revised 8107106 E. Prior to the effective date of the Annexation Ordinance affecting the Property, Section 11-15.1-2.1 of the Municipal Code, 65 ILLS 5/11-15.1-2.1, shall have no application, force, or effect on or with regard to this Agreement or the Property. Accordingly, except as expressly provided to the contrary in this Agreement,the City Codes,and the City's jurisdiction and control shall not be applicable to the Property at any time prior to the effective date of the Annexation Ordinance. 3. ZONING. A. Immediately after adoption of the Annexation Ordinance and execution of this Agreement,the Corporate Authorities shall adopt an ordinance,in substantially the form attached to this Agreement as Exhibit C ("Zoning and Concept Plan Ordinance"), (i) amending the City's zoning map to classify and number the Property as a Planned Unit Development on the City's zoning map and (ii) approving the Concept Plan. The effective date of the Zoning and Concept Plan Ordinance shall not occur until the Annexation Ordinance becomes effective. As set forth in the Zoning and Concept Plan Ordinance,any approval of a Preliminary PUD Plan in accordance with Section 4 of this Agreement shall serve to modify and supersede the requirements of such Zoning and Concept Plan Ordinance with respect to that portion of the Property that is the subject of the Preliminary PUD Plan.. B. Following the effective date of the Zoning and Concept Plan Ordinance,the rights of the Owners and the Developer to develop the Property in accordance with the Concept Plan and this Agreement shall vest, and the Existing Uses shall operate as nonconforming uses and may continue until such uses cease following the approval of a Final Planned Unit Development Plan or Final Plat of Subdivision ("Final Plan or Plat") for such portion of the Property containing the uses. C. By its approval of this Agreement and its adoption and approval of the Annexation Ordinance and the Zoning and Concept Plan Ordinance,the City shall be deemed to have approved and granted all amendments, variations, and waivers of the City Codes ,Specifically identified by the Concept Plan as requested exceptions to applicable City ordinances _ - Deleted:aaeamaq m permit me and codes and listed in Exhibit "x" and in accordance with the terms and conditions of this development and...fthc Property consistent with the Concept Plan Agreement, it being expressly acknowledged and agreed that all public hearings,if any,that are necessary to enable the City to grant such amendments, variations, and waivers have been conducted pursuant to proper legal notice. D. Unless changed by the City at the Developer's request, the Planned Unit Development zoning classification for the Property established pursuant to the Zoning and Concept Plan Ordinance shall not be amended and shall be permanent and remain in effect for the term of, and following the expiration of, this Agreement; provided, however, that after expiration of this Agreement,such zoning may be amended in accordance with applicable law by the amendment of the zoning classification. E DESIGN STANDARDS: The below design standards are in addition to the required standards of the CITY regulated by the City's Appearance Code (Title 8.Chanter 15). 6 DRAFT 6128106 Revised 8101106 1. Single-Family Detached Residential Unit Design Standards: a. Masonry products as defined by the Appearance Code shall be incorporated on the front facade of 100%of the total units. b. A minimum of 50%of each building facade shall incorporate premium siding material as defined by the Appearance Code. c. Primary structures shall be constructed upon either a basement or foundation—no `slab' construction. 2. Single-Family Attached Residential Unit Design Standards: a. Masonry products as defined by the Appearance Code shall be incorporated on the front facade of 100%of the total townhome buildings. b. A minimum of 50%of each building facade shall incorporate nremium siding material as defined by the Appearance Code. c. Each unit shall include two(2)enclosed parking spaces. d. Offstreet`community' spaces shall be incorporated into the multi-family pods at a rate of.5 spaces per unit. 3. Commercial Design Standards: - Formatted:eWlets and Numbering a. All`Guidelines'within the Appearance Code section VA.b.Lb shall be required applications. b. Si re lag_e:. i. Monument signage must include a 100%masonry base. 4. PLANNED UNIT DEVELOPMENT. A. The Owners, the Developer and the City acknowledge and agree that, upon and after the effective date of the Annexation Ordinance,the Property will be developed and used in accordance with the terms and provisions of this Agreement, the City's Planned Unit Development Ordinance (20Qb 40) ("PUD Ordinance"), the Zoning_and Concept Plan__- Deleted:_ Ordinance, and the Concept Plan, as a mixed use residential and commercial community provided compliance with all City ordinances and codes except as modified by this agreement. The Developer and City further acknowledge and agree that the Developer shall have the right to develop the Property in such number of units of development (individually " nif' and _, - Deleted:Phases collectively ` nits") as the Developer may from time to time determine peon approval of a Deleted:Ph. Preliminary Planned Unit Development Plan("Preliminary PUD Plan") and Final Plan or Plat - - Deleted:Phases in compliance with the requirements of the PUD Ordinance for such _nit-or Units. Deleted:in its soiediw on OWNERSIDEVELOPER agree any proposed unit for this development shall contain a minimum ' Deleted:Phase of 40 acres. Deleted:Phases c----- ----------- . ---------. ---_-------------------_--- Deleted:No limitation shall be imposed B. The City acknowledges and agrees that approval of this Agreement grants the upon the Developer with mspca to the Developer the right to develop the Property as depicted in the Concept Plan which includes East land area to be included within any Phase or Phases or the number of Phases as to Village and South Village and that the City shall take all actions, including approval of such which a Preliminary PUD Plan may be submitted,or the time within which a Preliminary PUD Plan or Final Plan or Plat must be submitted.y 7 DRAFT 6128106 Revised 8101106 amendments to and variations from the provisions of the City Codes,to permit the development of Westbury to contain no less than: Uses Acres Units Single Family Residential 349.20 977 Luxury Townhome 29.84 246 Townhouse 126.56 1,238 Courtyard 99.04 913 Condo/Flat 11.00 132 Villa 15.00 120 Apartment 19.00 285 Golf 162.93 Golf Clubhouse 7.00 Open;Park;Buffer 131.13 Retention 64.00 Retention;Golf 85.00 School 15.00 Recreational Center 9.74 Commercial 50.81 (553,321 s2.. ft Deleted:Phase ' Deleted:Phases Total 1175.25 3,911 ; Deleted:expedited ' Deleted:and consideration as required C. Upon submittal of an application for review and approval of any required plan, ,° by Paragraph 2.0 of that certain document,or submittal for a Unit or Units including but not limited to,Preliminary PUD_Plans, ; " Agreement by and betweea the Developer --�- ' �� andthe City Regaling the Rob Roy Final Plans or Plats, landscape plans, grading plans, engineering plans, photometric plans, 11 Creek 3aaimry Sewer Intercepter dated architectural drawings, or any other required submittals, the City shall provide the Developer i November 22,2005,a copy of which is Exhibit D. review comments in a timely manner.jipproval of a Preliminary PUD Plan fora nit attached to this Agreement as or nits,_ shall: (i)signify satisfaction of the purposes and objectives of the PUD Ordinance and no further - Deleted:Phase showing regarding such general purposes or objectives need be made, and no further public Deleted:Phases hearing need be held,prior to submission of a Final Plan or Plat for the applicable Unit or_Units-,_nits-,__- Deleted:Phase (ii) require no further modifications to the Zoning and Concept Plan Ordinance other than as - Deleted:Phase provided in such Ordinance and Section 3.A of this Agreement;and(iii)obviate the need for any Deleted:or vadanona other zoning approvals,as_a prerequisite to the issuance by the City, or the receipt by the_.' Deleted:Phase Developer, of the building permits necessary for the development of such nit or_Units. In Deletes:Phase addition,upon approval of such Preliminary PUD Plan,the Developer shall have a vested right Deleted:Phase to develop the Property in substantial conformance with the approved Preliminary PUD Plan for Deleted:Phase the portion of the Property in question. However, before any such building permits shall be DEIEted:PUD Ordinanec issued for such Unit or Vnits, the Developer .shall comply_with the requirements of the_, •-- - - - ________ ___ __ - - ___ Deleted:Phase ,Subdivision Control Ordinance for approval of the Final Plan or Plat for such nit orl nits. fs - - Deleted:Phase D. Pursuant to the PUD Ordinance,upon approval of a Preliminary PUD Plan for a Deleted:Phase U� nit or U�nits,the Developer may submit one or more Final Plans or Plats for-such-Unit or _nits,__= Deleted:Phase which shall be approved by the City, provided they substantially conform to the Preliminary ' Deleted:Phase Deleted:Phase 8 DRAFT 6/28/06 Revised 8101106 PUD Plan. However,the Parties recognize that the practicalities of development may require the Developer to request approval of Final Plans or Plats for a particulaz nit or_Units that materially_ , - Deleted:Phase vary from the approved Preliminary PUD Plan,and that such Final Plans shall,if consistent with Deleted:Phase the overall purpose or character of the Preliminary PUD Plan,be promptly approved by the City as such requests are submitted. Any approved Preliminary PUD Plan shall not lapse or expire at any time or upon the occurrence of any event or upon the failure of any event to occur. E. Throughout the term of this Agreement, the Developer shall have the right, but not the obligation,to subdivide,from time to time,the Property,or any portion thereof. The City shall approve a final subdivision plat for any particular Unit or nits, provided that_the final__,- Deleted:Phase subdivision plat shall be in substantial conformance with the Preliminary PUD Plan. Deleted:Phase F. The final engineering, final landscaping and other required plans and specifications for the public improvements to be installed for each gnit or Pnits_shall be Deleted:Phase submitted to the City, together with the Final Plan or Plat for such Unit or _nits._ The City _ Deleted:Phase Engineer shall examine such final plans and specifications and approve or disapprovev The final,' Deleted:Phase plans and specifications shall be approved by the City Engineer and the City based on sound Deleted:Phase engineering practice and if they are in substantial conformance with the preliminary engineering, Deleted: ofthe ssmewithin fifteen landscape, and other preliminary plans and specifications submitted with the Preliminary PUD (15)days ofmcciptthereof Plan for such Unit or ITnits, except to the extent that practicalities of development require the - Deleted:Phase Developer to request approval of Final Plans for a particular _nit or_Units that materially vary_ Deleted:Phase from the approved Preliminary PUD Plan, in which case such Final Plans shall be promptly Deleted:Phase approved if consistent with the overall purpose or character of the Preliminary PUD Plan. If such plans and specifications are not approved,the reasons for disapproval shallbe set forth in a_ Deleted:Phase written notice to the Developer("Notice of Disapproval"). Upon the Developer's correction of, - Deleted:waldn shah fifteen(15)day period or objection to the validity of, the item(s) set forth in the Notice of Disapproval and the resubmission of the plans and specifications,the City Engineer shall reexamine them and either approve or disapprove then l _ _ ,,- comment:Plan revisions sometimes G. Rob Roy Creek Enhancements may other s bseque tie is We assign that may need subsequent revision. a. The OWNERS/DEVELOPER agrees to incorporate stream enhancements alone Deleted: within 15 days of their the entire length of the Rob Roy Creek that promote naturalization and improved resubmission fish species habitat such as creating native wooded buffers,increase the width of Deleted:The City and the Developer portions of the corridor and filter any runoff from any proposed stormwater acknowledge and agree that the City outlets rl'he OWNERS/DEVELOPER agrees to include typical cross section(sl angioecificacnamihali b limited d to __ and specifications shell be limited to detailing theses enhancements as part of the Preliminary PUD Plan submittal. the.ra.M.previously disapproved in b. The Rob Roy Regional Bike Trail has been planned to run through this property the Notice of Disapproval. This alignment will be adjacent to the Rob Roy Creek and be part of the typical comment:The vase fo n a Se Comment: improvements nt: are eaed r aSepMmher cross section provided by the OWNERS/DEVELOPER referred to in note(a) 2005 fish community evaluation conducted by IDNR along the Rob Roy above. Creek from Galena Road to the Fox River. 5. SANITARY SEWER AND WATER SYSTEMS AND FACILITIES. A. Provided that the Property is developed in accordance with this Agreement, the City represents and warrants that it will provide as and when needed sufficient operational and available sanitary sewerage and potable water and water supply systems to adequately serve the 9 DRAFT 6128106 Revised 8101106 needs of the Property. In addition, at the time of approval of a Preliminary PUD Plan for any nit or nits of the Property, the City shall, at the request of the Developer, demonstrate the _- Deleted:Phase availability of adequate sewage transport capacity and potable water_supply and delivery_ Deleted:Phase capacity to serve such knit. _The_City shall permit the Developer to connect to City and/or_ Deleted:and neshnCnl Yorkville-Bristol Sanitary District sanitary sewer lines and water mains at locations to be ': Deleted:Phase determined by the preliminary engineering plans approved for each nit or nits._To the best of Deleted:the most concordant the City'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,the Developer's right " Deleted:Phase to use,such sanitary sewer treatment and potable water supply systems. Deleted:Phase Deleted:In order to provide sufficient sever and water systems at the times B. The DBVeIOpeI Sh811 not be ]]able t0 the City for any sewer Or Water recapture provided for in this paragraph SA,the fees, connection fees, or other obligations as a result of the connection of the Property to any', City shall issue debt,or otherwise finance,the costs of designing, sewer or water lines, or the financing of any sewer treatment and potable water supply facilities constructing,and installing any additional and improvements,except as follows: sanitary sewer treatment and potable water supply facilities and improvements, as well as enter into such agreements as i. Sanitary Sewer Connection Fees may be necessary with the Yorkville Bristol Sanitary District to ensure adequate sewerage survive capacity for [To be added] the development of the Property and each i ofits Phases in accordance with this ' Agreement. ii. Water Connection Fees Deleted:or any other party [To be added] Such fees shall be due at the time of issuance of a building permit for each residential dwelling unit on the Property,however,the Developer shall have the right,.at its sole discretion,to prepay such fees at the rates in effect at the time of such prepayment. C. If the Developer is required to construct sanitary sewer and/or potable water facilities including, but not limited to, sanitary sewer lift stations and force mains on or off Property for the benefit of other properties situated within or outside of the City,the City shall, upon Developer's request, enter into one or more recapture agreements, in form and substance pmtually acceptable to the CITY and DEVELOPER, for the purpose of ensuring that the Deleted:acceptabtetothe D.w1oper Developer recaptures from such benefited properties the proportionate share of such costs. D. The Developer shall have no obligation to construct sanitary sewer and water facilities unless a Final Subdivision Plat encompassing the area in which any such facilities are to be located,has been approved by the City and the Developer has undertaken the development of such area or the construction of offsite improvements are necessary t serve the area described by the final plat. E. If adequate sanitary sewerage gansmission facilities are not made available to the_-_- Deleted:tocarroent ana Property by the City at the times provided in paragraph 5.A of this Agreement, the Developer shall have the right, but not the obligation, to privately finance and contract for the design, construction,and installation of adequate sanitary sewerage transmission facilities,and/or secure - Deleted:trcatm un oral sanitary sewage gansmission facilities adequate to serve all or any part of the Property3_When_,-' Deleted:moment Deleted:— Deleted' from nearby municipalities or other available public or private sources on a temporary or permanent basis. 10 DRAFT 6/28/06 Revised 8/0]/06 requested, the City shall use its best efforts to assist the Developer in such financing and/or in Deleted:trarmandmd securing for the Developer sanitary sewagepansmission facilities , Deleted: from such nearby municipalities or other available sources F. _ ____ Deleted:In addition,if at a future time G. The Dev_eloper_shall J1ave the right, at its sole discretion, to drill private shallow such sewage is to be h uraferred to another plant any such hxn di r.ball wells on the Property, at locations to be determined by the Developer, for the purpose of golf'i occur without cost to the Developer or the course irrigation, development, and operation subject to Kendall County Health Department ', owners. (KCHD)approval and compliance with KCHD standards and provided that no substantial impact ; Deleted:If adequate water and water on nearby private wells or on the groundwater supply for Rob Ro Creek has been demonstrated supply services are not made available to �' the Property by the City,the Developer and is approved by the City. - shall have the right.but not the -- - - - - - - - - -------------- - obligation,to privately finance and such facilities and plants and to take such other H. Upon the request of Developer, the City shall acquire by eminent domain or actions(including,without'limitation,the drilling of now wells on the Property)as otherwise, all property rights, easements and rights-of-way as may be needed to enable the may be necessary or appropriate.to meet Property to be connected to exercise any of its rights provided in this Agreement. The Developer the water supply needs of ad or any part of the Property including the right to aerees to nay all costs associated with said acq_uisifion of property rights, easements,and rights- sceure water supplies fmm nearby municipalities or other available public or OfOf-cosy. private sources on a temporary or pcnmanent basis. In addition,ifat a I future time the source of such water ____ - _- __ ____ _____________ . - __. - - ______ _� supplies is to be trans&rred,any such transfer shall occur without cost the J. The City shall fully cooperate with the Developer to obtain all permits required Developer or the owners.I under federal and state law including, without limitation, all permits required by Deleted:In addition to the water supply the Illinois Environmental Protection Agency("LEPA"). services described in paragraph SY of '.�. -------- _ . .. this Agreement,I Deleted;also 6. STORMWATER FACILITIES:RETENTION AND DETENTION. ' Deletetl:. The Develo er shall rovide for storm water drains e, retention, and detention thereof comment•.The preliminary plan wfu P P g define the water and sanitary plans for the upon and from the Property in substantial conformity with the preliminary engineering plan development. approved for aUnit or Units,including installation of underground sewers; graded,open swales, Deleted:Ifthe City shall fail orref es, or ditches; and storm water retention/detention areas. For the term of this Agreement,the City to provide adequate sanitarysowerage transmission facilities and/or water shall require no more than the size, degree, and type of stormwater retention/detention required supply services to and within the under all applicable City Ordinances including the Subdivision Control Ordinance and the_ " Property,and if it becomes access .., il Compensator Sy torage Ordinance. , Comment:water and mail ryfacilities - ------------ ----- - cannot be constructed withoutlEPA _ ____ permits. 7. STREETS,SIDEWALKS. Deleted:Prmatatbeissusnceafsuch required sanitary sewer and water The Developer shall cause curb, gutter, street pavement, street lights, and public pennds,the City shall,upon coach 2 sidewalks to be installed upon the Property in substantial conformity with the Preliminary PUD Deleted:Phase Plan and preliminary engineering plan as finally approved as part of the Final Plan for each nit_ " Deleted:Phase or nits;_such improvements shall be designed and constructed in general conformity with the ' Deleted:City Codes and the re uirements of the Ci s Subdivision Ordinance as such re uirements exist as of the Petition Resolution 2 standmda approved by City q ty� q '� Resolution 200439("SpeclJ7cad -. 3 Filing Date. However,the Developer shall have no obligation to make roadway improvements Deleted:11.Parties acknowledge and or dedications of streets, roads, or rights-of-way to the City, except as provided for in this agree thatthe proposed development of Agreement,the Final Plan or Plat and the final engineering plans for a.particular U, nits or Urn ,-its `` the Property shell require no greet .., p and not before the Final Plan or Plat encompassing the area in which the streets,roads,or rights "„ Deleted:Phase of-way are to be located has been approved by the City and any offsite improvements that may Deleted:Phase be required if they serve the area being platted The OWNER/DEVELOPER shall comply Deleted:Phase Deleted:Phase 11 DRAFT 6/28/06 Revised 8101106 all requirements of MOT and Kendall County reaardina improvements to state and county roads. The OWNER/DEVELOPER agree to pay for any required relocation of any existing utilities necessary for the required improvements. , ,- oetetea:. 12 DRAFT 6128/06 Revised 8101106 8. GRADING. Prior to approval of a Final Plan or Plat for any portion of the Property,the City shall allow,and- - Formatted:Indent:First line: e" the Developer may commence, excavation, mass grading, filling and soil stockpiling,as well as construction of a temporary haul road for construction vehicles and equipment,in and upon the Property The OWNER/DEVELOPER agree to comply with Ordinance 2003-19 for these___- Deleted:provided that theaame is activities. undertaken at the risk of the Developer and without injury to the property of surroundingpropertyravano.No letter 9. CONTRACTORS' VEHICLES AND EOUB'MENT. The Developer's of credit,bond or other form of security shall be required of Developer aa contractors' and subcontractors' supply storage trailers,vehicles,and equipment may be placed condition precedent to the upon the Property,other than on proposed rights-of-way,and may remain upon the Property until commencement of such worty the issuance of the last certificate of occupancy for the Property. 10. DEDICATION OF PUBLIC IMPROVEMENTS, EASEMENTS AND RIGHTS- OF-WAY. A. All public improvements, including streets, storm sewers, sanitary sewers and water mains, constructed on the Property, and any easements or rights-of-way as may be necessary for the maintenance of such public improvements, shall be conveyed or dedicated to the City following their completion by the Developer and satisfactorily completing any and all ounchlist items generated by City inspections of the improvements. All such conveyances and dedications shall be accepted by the City, provided that the public improvements comply with the final engineering plans and specifications. Upon approval, dedications of land shall be conveyed by trustee's or quit claim deed or by recorded plat of subdivision, and,in the case of personal property, all conveyances shall be by quit claim bill of sale. The City shall accept the dedication and conveyance of public improvements for each Unit or nits as described by the - Deleted:on an hnprovememt-by- Subdivision Control Ordinance. No further dedications of easements or rights-of-way shall be unprovement basis as such improvements are completed by the Developer required of the Developer for any other purpose whatsoever. Deleted:phase B. After the public improvements have been conveyed to and accepted by the City, Deleted:phase the OWNER/DEVELOPER agree to provide a one-year warranty period for said improvements. Following the warranty Reriod,the City,at its sole cost and expense,shall be responsible for the maintenance,repair,restoration,and reconstruction of all public improvements. C. Within thirty(30) days after(a) receipt of notice from the Developer that certain of the public improvements within a Unit or Units have been completed,and(b) delivery to the __ - Deleted:phase City of all required documentation,consistent with the final engineering plans and specifications, Deleted:Phase the City Engineer shall inspect said improvements and indicate, in writing, approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall, within the thirty(30) day period,be set forth in a written notice to the Developer. The reasons shall only relate to defects in labor and materials, and not to items in the nature of general and ordinary maintenance. Upon the Developer's correction of the items set forth in the notice, or objection to the alleged defects thereto, the City Engineer, at the Developer's request, shall re- inspect the improvements,as set forth in the City Engineer's previous notice,and either approve or disapprove the improvements,in writing,within hk irtv WP)days of receipt of the Developer's ,.- Deleted:twenty notice requesting the reinspection. As public improvements are partially completed and paid for Deleted:2 13 DRAFT 6128106 Revised 8101106 by the Developer, the letter of credit,bond or other form of surety deposited by the Developer with the City may be proportionately reduced on an individual improvement-by-improvement _-- Deleted:shall basis., _ _-- Deleted:Such reduction snail be made and approved by the City within fifteen D. Within 30 days of a written request from the United City of Yorkville, which are completed ndpai for improvements are completed and paid for by the includes legal descrDtions and exhibits as necessary,the OWNER or DEVELOPER shall grant Developer The Parties acknowledge and agree that the City Engineer's permanent and temporary construction easements as necessary for the construction of extension mexamivafion ofthe improvements shall of City utilities and apourtenances and/or other utilities to serve the subiect property and other be limited to those matters previously disapproved to the City Engineer's properties within the City of Yorkville. nancc.q E Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER shall convey by Warranty Deed,fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 11. gONSTRUCTION GUARANTEE. The Developer may provide_a Fonstmction ,- Deleted:PERFORMANCE guarantee in the form of either a bond or letter of credit to secure the installation of the public Deleted:performance improvements fora nit or_Units at the time of approval of a Final Plan-or-Plat for each gnit or Deleted:Phase nits._Thegityagrees that if the Developer conveys the Property, or any part thereof,the r�i y = � Deleted:Phase shall release the Developer from the gonstmction guarantee to the extent of such conveyance, Deleted:Phase provided that the new owner of the Property provides a substitute,ponstruction guarantee that is substantially similar to that provided by the Developer. Deleted:Phase Deleted:Village 12. FEES AND DONATIONS. Deleted:village Deleted:performance A. Pursuant to the East Village Annexation Agreement and the South Village Deleted:perfarmevice Annexation Agreement,the Developer and the other signatories to such Agreements are required to (i) cause fee title to acres to pass to Yorkville Community School District#115 and (ii) pay a cash contribution equal to $ as a fee-in-lieu, which land and cash contributions are to be used for school site purposes. The Parties acknowledge and agree that a portion Of this land and fee-in-lieu contribution will be used for the benefit of all of Westbury and therefore agree that the required land and cash-in-lieu contribution to Yorkville Community School District#115 and Plano School District#88 as a result of the future approval of a Final Plan or Plat for all Units in the Property shall be equal to: Deleted:Phase Land: Fee-in-Lieu: B. Pursuant to the East Village Annexation Agreement and the South Village Annexation Agreement,the Developer and the other signatories to such Agreements are required to(i)cause fee title to acres to pass to the City and(ii)pay a cash contribution equal to $ as a fee-in-lieu, which land and cash contributions are to be used for park site 14 DRAFT 6/28/06 Revised 8101106 purposes. The Parties acknowledge and agree that a portion of this land and fee-in-lieu contribution will be used for the benefit of all of Westbury Village and,therefore,agree that the required land and cash-in-lieu contribution to the City as a result of the future approval of a Final Plan or Plat for all Units in the Property shall be equal to: -- -__ - Deleted:Phase Land: Fee-in-Lieu: C. In the instrument conveying any land to be donated hereunder, or by separate agreement, the Developer shall reserve or receive such utility, roadway, drainage, construction and access easements and rights-of-way as may be necessary to facilitate the development of the Property. Such instrument of conveyance shall also provide that the grantee of the land to be donated shall agree to convey any additional easements or rights-of-way for such purposes as may be necessary to carry out the purposes_of the development of the Property consistent with_,_- Deleted:the Developerdete roue to the,gpproved Preliminary Plan. .- Deleted:Concept Plan D. The responsibility for the improvement and maintenance of any land donated by the Developer pursuant to this Agreement shall be accepted by the grantee thereof, and all such lands shall be used in a manner compatible with the Concept Plan, the East Village Annexation Agreement, the South Village Annexation Agreement, and with the Developer's use, development,and enjoyment of the Property. E. r ,- Deleted:Ifand to the extent that any F. The land and fee donation requirements imposed upon the Developer by this land d onetedpntaeantto this Agracment is rust actually used for its intended Agreement satisfy the intended purposes of the City's land dedication and impact fee purposes within eight(8)years of the requirements for schools,parks,utilities and other public services pursuant to the Requirements Effective Date of this Agreement,such land shall revert to the Developeg and of Law including,but not limited to,City Ordinance No. 1996-3,as amended by City Ordinances any instmment of conveyance shall so 2003-12,2004-22,and 2005-37("School and Park Impact Fee Ordinances"),in effect as of the p'o"'dul Petition Filing Date. Notwithstanding Section 22 of this Agreement, no increase in the City's school and park land or fee donation requirements,nor any substitute or replacement school and park land or fee donations, nor any ordinance of the City amending the School and Park Impact Fee Ordinances, shall have any further application to the Property. Except as specifically provided for in this Agreement, no donation of land or payment of any fee to the City,shall be_,_- Deleted:or otherpubhe body or mdt of required of the Developer. _ govemma"` G. During the term of this Agreement,the Developer shall have the right,but not the obligation,at its own cost to construct improvements on the park site property of a kind,quality, and in locations, to be determined by the Developer. Such improvements shall become the Comment:This scationissubleetto property of the Yorkville Park District at the time the park site is dedicated to the District.)-----_ party Boerdlsdffroview ftFont:Bold,ve H. The Parties acknowledge and agree that a CityRoadway Improvement inety Contribution shall be paid in an amount equal to two thousand dollars($2,000.00)per unit on the :Amount modified to Property up to a total not to exceed e,� ven million eight hundred�venty-two thousand dollars and_, to 3911 dwelling units. no cents ($2,822,000.00) ("C. itv Roadway Improvement Cdntriba6an"). ___ The Parties Deleted: and agree that a County Roadway Improvement Contribution shall be paid in an _ 092 d:Font:Bold,Italic 15 DRAFT 6128106 Revised 8101106 amount equal to one thousand five hundred forty-nine dollars ($1,549.00) per unit on the Property up to a total not to exceed six million fifty-eight thousand one-hundred thirty-nine dollars and no cents($6,058,139.00 ("County Roadway Improvement Contribution"). _- comment:Amount modified to .mmal oul to 7911 dwelling units. • _ __ ---____-----_------ 1. The Developer agrees to contribute $100.000.00 to fund the Western Corridor - Deleted:To the extent the Developer pays for the costs of desigving and Roadway Study. This study will be conducted by the City and will be used to determined the constructing Route 49,Comeils Road, final geometry and design of the Beecher Roadway Corridor from Route 34 to Baseline Galena Boulevard,East and West Beecher Road,Westbury Boulevard,or Road. Eldneem.Road such costs shall be credited against the Roadway Improvement Contribution on a dollar for 13. BUILDING PERMITS. dollar basis. The Developer shall provide the City written evidems:of such costs and any remaining amount of Roadway A. The City shall issue building permits for which the Developer shall apply within a Improvement Contribution not otherwise reasonable period of time after the date of application therefor or within a reasonable period of credited against Developer's costs shall time after the City's receipt of the last of the documents and information required to support such be allocated on a per unit ba is.1 application. Such period of time shall not exceed ten(10)days where application is made by the Developer pursuant to master building plans therefor approved by the Corporate Authorities,nor thirty(30)days in any other instance. If the application is disapproved,the City shall provide the applicant with a statement in writing within such period,specifying the reasons for denial of the application, including specification of the requirements of law which the application and supporting documents fail to meet. The City shall issue such building permits within ten (10) days of the applicant's compliance with those requirements of law so specified by the City. B. The Developer may apply for building permits to begin construction upon portions of the Property prior to the availability of storm sewer,sanitary sewer,paved streets and water facilities to serve the structures to be constructed upon such portions of the Property provided, however, that at least a stone haul road shall be in place prior to issuance of such permits and adequate narking is provided for private,company,and delivery vehicles. The City shall grant such applications with the understanding that no occupancy permits shall be issued to such applicant until the availability of such utilities is demonstrated. The OWNER/DEVELOPER shall provide a hold harmless letter to both the City and the Bristol- Kendall Fire Protection District. The OWNER/DEVELOPER agrees that all new fire hydrants shall be bagged until they are placed into service. C. The City shall permit the Developer to install holding tanks and temporary sewage treatment and water facilities to serve sales offices, temporary structures and models permitted under this Agreement,provided: 1. All laws governing construction, installation and operation thereof are complied with;and 2. Such holding tanks,temporary sewage treatment and water facilities are removed and disconnected, at the Developer's sole cost,within sixty(60) days of the date permanent sewer and water services become available and connected to such structures. 16 DRAFT 6128106 Revised 8/07106 14. CERTIFICATES OF OCCUPANCY. A. The City shall issue certificates of occupancy for any dwelling on the Property within three (3) days of proper application therefor or within three(3) days of the receipt of the last of the documents or information customarily required to support such application,whichever is later. If the application is disapproved, the City shall provide the applicant with a written statement specifying the reasons for denial of the application, including specification of the Requirements of Law which the application and supporting documents fail to meet. The City shall issue certificates of occupancy within three (3) days of the applicant's compliance with those requirements of law so specified by the City. B. Temporary certificates of occupancy shall be issued by the City when conditions within reason do not permit completion of interior and exterior work;provided that: I. Adequate security,which may be by a bulk surety in the form of a bond,has been posted with the City, or arrangements have been made with a title company designated by the developer, in order to ensure the completion of such improvements;and 2. Binder course streets and necessary sanitary sewer and water facilities and improvements are properly installed to serve such buildings or units. C. No certificate of occupancy shall be applied for by the Developer or issued by the City until the building or structure which is the subject of the application is connected and able to be served by an adequate sanitary sewer and water supply,provided however that the City shall issue certificates of occupancy if the access roads are not paved but contain a binder course surface. Notwithstanding the foregoing,the City shall issue temporary certificates of occupancy for model buildings and sales offices prior to the availability of sanitary sewer or water service. 15. MODELS,SALES OFFICES AND SIGNAGE. A. Developer shall have the right to construct and maintain model homes on the Property without restriction as to the number or location. The Developer shall be required to obtain building permits and certificates of occupancy with respect to such models,normally and customarily required by City Code, subject to the other provisions of this Agreement. The Developer may utilize such models as project offices for the marketing of the Property. B. The Developer shall have the right to construct and maintain sales offices, including,without limitation, sales trailers, on the Property without restriction as to the number or location, in addition to the models used as sales offices described in subparagraph A of this section. The Developer shall have the right to construct other temporary structures, such as construction trailers. The Developer shall be required to obtain building permits and certificates of occupancy with respect to such sales offices,normally and customarily required by City Code, subject to the other provisions of this Agreement. 17 DRAFT 6128106 Revised 8/01/06 C. Models,sales offices,temporary structures,temporary parking lots,and signs may be constructed and maintained on portions of the Property prior to approval of a Final Plan or Plat,provided that the Developer has applied for approval of a Final Plan or Plat, and provided further that the location of any models are in locations consistent with the Preliminary PUD Plan. The Developer shall be permitted to erect temporary fencing to enclose the areas, including parking areas,around models. D. The Developer shall have the right to construct, install and maintain signs, including temporary flags for sales events, on the Property, without restriction as to number, location, or size, advertising the sale, leasing, marketing, or development of the Property. The Developer shall be permitted to illuminate the signs and models to ensure their visibility. E. The City shall permit the Developer, and its duly authorized representatives, to install temporary waste water holding tanks,water facilities and unpaved,granular roads to serve sales offices, model homes and other temporary structures permitted under this Agreement, provided that such tanks and water facilities shall be removed and disconnected, at the Developer's sole cost, at such time as public sewer and water systems become available and the structures are connected thereto and provided further that the Developer shall pave such roads when that portion of the Property is developed. F. Permanent entry monuments shall be allowed at each major entrance to the Property and at the entrance(s) to each separate "pod" within the Property. Said monuments shall be of brick, stone or other permanent material,and shall contain an identification sign with the name of the community and the Developer's name and logo. Said monuments shall not be located within any public right-of-ways or easements and shall remained owned and maintained by the HOA. G. All traffic control devices in the Property shall be designed and installed in compliance with Illinois Department of Transportation standards and specifications as provided in Article III of the Illinois Vehicle Code (625 ILCS 5/11-301 et seq.) ("IDOT Device Standards"). The Developer shall have the right, at its sole discretion, to design traffic control devices characteristic to the Westbury development subject to City approval and provided that such devices comply with IDOT Device Standards. 16. BUILDING PLANS. The Developer shall have the right to submit to the City for its review and approval, a master building plan for each different model of single family dwelling to be constructed on the Property. Subsequent to the approval of any master building plan as aforesaid, all applications for building permits in substantial accordance with a master building plan shall be deemed approved by the City and no further submission or approval of building plans shall thereafter be required for the issuance of a building permit for the construction of any building pursuant to an approved master building plan. Nothing herein,however, shall be construed as a waiver of the requirement that a building permit be obtained and the appropriate permit fee paid as required by the City building code for each building to be constructed on the Property,subject to the terms of this Agreement. 18 DRAFT 6128106 Revised 8101106 17. OPEN SPACE The City acknowledges and agrees that the proposed development depicted on the Concept Plan contains unique open space features including,but not limited to, a golf course of approximately 170 acres, approximately 149 acres of detention/retention, and other open space areas that were not necessarily contemplated for in City ordinances, regulations, standards and rules, including, but not limited to, the open space requirements described in the Specification Standards(collectively"Open Space Laws"), that govern the amount of required open space for planned unit developments and subdivisions of the density, size, and use described in this Agreement. As a result, the City agrees and acknowledges that the open space areas incorporated into the proposed development depicted on the Concept Plan shall satisfy all City requirements regarding the amount of required open space in lieu of any contrary or additional requirements in the Open Space Laws in effect as of the date of this Agreement, including, without limitation, standards for the amount of stormwater detention/retention, and any and all such amendments thereto that may be adopted during the term of this Agreement. 18. SPECIAL SERVICE AREAS, SPECIAL ASSESSMENTS, TAXATION. AND RECAPTURE. A. Upon request of the Developer and mutual agreement by the City, the City shall conduct all public hearings, enact all ordinances, and grant all approvals required by law to establish one or more special service areas pursuant to the Illinois Special Service Area Tax Law (35 ILCS 200/27-5 et seq.), special assessments or special taxes pursuant to Article 9 of the Municipal Code ("Municipal Code"), or similar funding mechanisms acceptable to the Developer over all or a portion of the Property as a primary funding mechanism for the design, construction, and installation of the public improvements identified by the Developer including, but not limited to, engineering, surveying, soil testing and appurtenant work,mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements,and equipment and materials necessary for the maintenance thereof, landscaping,wetland mitigation and tree installation,costs for land and easement acquisitions or dedications relating to any of the foregoing improvements,required tap-on and related fees for water or sanitary sewer services and other eligible costs. At the request of the Developer, the City shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the City in amounts sufficient to fund the public improvements to be retired over a period not to exceed forty(40)years from the date of their issuance. The bonds shall be retired by the levy of an annual tax or assessment levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area. B. The City and the Illinois Department of Transportation have entered into that certain agreement attached hereto as Exhibit F for the design and construction of improvements to Route 47. Upon receipt of proceeds attributable to the Route 47 improvements to be designed 19 DRAFT 6128106 Revised 8101106 and constructed on that certain portion of Route 47 north of Corneils Road and south of_ aseline_ - Deleted:Galena Road as depicted in Exhibit G("Corneils- aseline Route 477mprovements')from the bonds to _- Deleted:cdena be issued pursuant to paragraph 18.A of this Agreement, a separate fund shall be established ("Route 47 Fund") not to exceed five million dollars ($5,000,000) to pay for the post of._- Deleted:City'e designing and constructing the Corneils- aseline Route 47 Improvements. Should the Corneils-__ _ Deleted:Galena aseline Route 47 Improvements fail to qualify for inclusion in the special service area to be _ Deleted:Galena established pursuant to paragraph I&A, or if the CITY does not use an SSA for the Route 47 Improvements and,therefore,no such bond proceeds for such Improvements become available, the Developer shall deposit five million dollars($5,000,000)in an escrow account("Developer's Route 47 Fund")to fund the,cost of designing and constructing the Corneils- aseline Route 47 _- Deleted:6tya Improvements. In order to draw funds from the Developer's Route 47 Fund, the City shall uIL.W:Galena submit a written request to the Developer, including a written summary and itemization and evidence of all qualifying costs,on or before the date that is seven(7)calendar days prior to the date on such draw. All such draw requests shall be subject to the approval of the Developer, which approval shall not be unreasonably withheld. C. The Developer shall not be obligated to fund the Developer's Route 47 Fund until the City shall have established the special service area and issued bonds as described in Paragraph 18.A or identifies another funding mechanism. The City acknowledges and agrees that construction of the Corneils- aseline Route 47 Improvements shall Deleted:Geteaa commence no more than two(2)years after the date on which the Route 47 Fund,or the Developer's Route 47 Fund if applicable, is funded. If the City fails to commence construction within such time, the City shall, as applicable, (i) reimburse the Route 47 Fund within 30 days in an amount equal to all such draws received by the City from the Route 47 Fund for use in satisfying the outstanding debt obligations of the special service area and(ii)reimburse the Developer's Route 47 Fund within 30 days in an amount equal to all such draws received by the City from the Developer's Route 47 Fund. In the event of delays caused by severe weather,war,riot,civil commotion,explosion,fire,epidemic. government action, or court order that hinder or delay performance of the CITY's obligations hereunder, the parties shall agree to a reasonable extension of time for commencing the Route 47 Improvements. D. Without the prior written consent of Developer,the City shall not(a)levy against any real or personal property within the Property, any special assessment or special taxation for the cost of any improvements in or for the benefit of the Property;or(b)impose additional taxes upon the Property, in the manner provided by law for the provision of special services to the Property or an area in which the Property is located or for the payment of debt incurred in order to provide such special services,including specifically,but not by way of limitation,the creation of"special service areas" or the levy of differential taxes with respect to or in the Property. Nothing in this section shall prevent the City from levying or imposing additional taxes upon the Property in the manner provided by law for the provision of special services to the entire City, which additional taxes are ratably applied to all other areas in the City on a valuation basis, or from levying or imposing additional taxes upon the Property which are applicable to and apply equally to all other properties within the City. 20 DRAFT 6128106 Revised 8101106 E. The City agrees at the request of the Developer, to enter into agreements for recapture for all or a portion of the cost of improvements benefiting properties not located within the Property that are constructed by the Developer. Each recapture agreement shall be subject to approval by the Developer,which approval shall not unreasonably be withheld. F. In every transaction for the sale of any portion of the Property by the Developer to a entity not under the control of the Developer("Subsequent Buye>"), the special service area informational notice attached to this Agreement as Exhibit H("SSA Notice") shall be attached as a rider to the sales contract. The sales contract shall also require the Subsequent Buyer to provide a copy of the SSA Notice to any future purchaser of the Property up to and including the purchaser of the first improved unit on the Property. In addition,upon the Developer's purchase of any portion of the Property, the Developer shall record a copy of the SSA Notice with the Kendall County Recorder so that such SSA Notice shall run with the title of the purchased property. 19. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS. Upon request of the Developer,the City shall enact all ordinances and grant all approvals required by law to approve one or more economic development incentive agreements in substantially the form attached to this Agreement as Exhibit I pursuant to Section 8-11-20 of the Municipal Code to share or rebate up to fifty percent(50%)of the retailers' sales or occupation taxes generated by a qualified portion of the Property for a period no less than ten (10) years beginning at the date of this agreement. At the request of the Developer, the City shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the City to be paid from such retailers'sales or occupation taxes. 20. COVENANTS, CONDITIONS AND RESTRICTIONS: HOMEOWNERS' ASSOCIATION. The Parties acknowledge and agree that the development of the Property shall proceed in conformity with,and that no development shall occur other than in accordance with,the Concept Plan (or any Preliminary PUD Plans approved by the City)and such covenants, conditions, and restrictions to be prepared by the Developer and recorded against the Property which covenants shall include,without limitation,the joint and several obligation of the Developer and Owners to payment of all required development fees, costs, and contributions as provided for in this Agreement. The Developer shall also establish one or more homeowners' associations whose membership shall consist of the owners of the dwelling units on the Property. The homeowners' association shall be responsible for maintenance activities for all common areas which are not dedicated and accepted by a unit of local government. A Establishment. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions. a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association The Association shall have the primary responsibility and duty to cane out and fund the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the 21 DRAFT 6128106 Revised 8101106 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 stom water detention areas and without limitation,the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials and the repair and replacement of fences and monument signs so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area(DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. _- Deleted:21. MY INSPECTIONS.1 22. APPLICABILITY OF LAWS AND FEES. The Developer shall have the right to designate a qualified engineering firm, A. No amendment to City Codes governing the development of the Property subject to the City's reasonable approval of such Pmr,to provide inspections of the including,but not limited to,the City's Zoning and Subdivision Ordinances,that is adopted after public improvements constructed by the the Effective Date shall apply to the Property during the term of this Agreement except the Developeron the Property. Such inspections by such engineering fine following: shall be in lieu of inspections by employees of the City. Thecostofall services performed by such engineering 1. Amendments expressly required by this Agreement;and firm pursuant to this Section bursar shall be paid by the Developer.I 2. Amendments to which the Owner has expressly consented in writing. B. During the first five years following the date of this Agreement, the City shall impose upon and collect from the Owners and/or Developer, only those fees and charges,in such amount or at such rate,as are in effect on Deleted:On the fifth anniversary of the the Effective Date as itemized in Exhibit J. Following this date, the Effective Data and continuing through to property will be subject to revised/additional fees as they are adopted by the tenth anniversary of the Effective Date,such fees and charges in effect on the City. I the Effective Date shall be imposed in those amounts,or at those rates,in effect r------ - -------- - - ----- - - as of the fifth suniversary data of the 23.. TERM, Effective Date. On the Warn anniversary of the Effective Date and continuing through to the fifteenth anniversary of the The term of this Agreement shall be for 20 years from the Effective Date. Effectiva Date,such fees and charge.in affect on the Effective Dam shall be 24. REMEDIES. imposed in those amounts,or at those rates,in effect as of the tenth..,my dam ofthe Effective Data On the fifteenth anniversary of the Effective A. This Agreement shall be enforceable in any court of competent jurisdiction by Date and continuing through to the and of either of the City or the Developer,or by any successor or successors in title or interest or by the the term of this Agreement,such fees and charges in effect on the Effective Dam assigns of the Parties. Enforcement may be sought by an appropriate action at law or in equity to shall be imposed in those amomts,or at those rates,in effect as of the fifteenth mmivereary date of the Effective Date. ¶ 22 DRAFT 6/28/06 Revised 8101106 secure the performance of the covenants, agreements, conditions and obligations contained herein. B. Developer may, at its option, in an appropriate judicial forum, in addition to all other legal and equitable rights and remedies, seek the disconnection of the Property, or any portion thereof, as part or all of the relief requested against the City as a result of the City's material breach of the terms of this Agreement. If a court of competent jurisdiction should make a final determination of a material breach, then the Developer may submit a petition to disconnect from the City,and the City,pursuant to the court order,shall promptly consent to and effectuate disconnection of the Property, or such portion thereof as the Developer seeks to disconnect. C. The Developer may terminate this Agreement, and if necessary, compel the City to disconnect the Property from the City upon the filing of a petition requesting such action if the City should fail to annex and zone the Property in the manner provided in this Agreement. D. In the event of disconnection pursuant to the provisions of the foregoing paragraphs B or C,the Developer shall not be deprived of any disbursement or repayment of any funds which the Developer has advanced and for which the Developer is entitled to be reimbursed or repaid,whether pursuant to this Agreement or any other agreement. , _- Deleted:nnm the expiration of the time period in which the Developer may disconnect,or earlier written waiver of E. In the event of a material default under this Agreement,the Parties agree that the such privilege,the City shall not,without City and the Developer shall have thirty(30)days after notice of said default to correct the same the consent of Developer,annex to the City y property which would act prior to the non-defaulting party's seeking of any remedy provided for herein.. Said thirty (30) remain contiguous to the City after day period shall be extended, for a reasonable time, if said default cannot reasonably be cured disconnection of any part or parcel of the the City. within said 30 day period,provided said party has initiated the cure of said default within said 30 Property from day period and continues to diligently prosecute the cure of the same. F. If either the City or the Developer shall fail to perform any of its obligations hereunder, and the other party affected by such default shall have given written notice of such default to the defaulting party, and such defaulting party shall have failed to cure such default within the applicable time period provided for in paragraph E above,then,in addition to any and all other remedies that may be available, either in law or in equity, the party affected by such default shall have the right, but not the obligation, to take such action as in its reasonable discretion and judgment shall be necessary to cure such default,and in such event,the defaulting party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses incurred by it in connection with the action taken to cure such default. G. In the event the performance of any covenant to be performed hereunder by either the Developer or the 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, acts of civil disobedience and the revocation, suspension or inability to secure any necessary government permit, license or authority)the time for such performance shall be extended by the amount of time of such delay. 23 DRAFT 6128106 Revised 8101106 H. 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. 25. MEDIATION. Any dispute which may arise relating to this Agreement between the City and the Developer that can not be resolved to the satisfaction of the City and the Developer shall first require the City and the Developer to participate in mediation in accordance with mediation practices and procedures of the Circuit Court of Illinois for the Sixteenth Judicial Circuit; provided,however,that such mediator shall be a former federal or Illinois appellate court judge, unless the parties otherwise mutually agree;and provided further that either party may terminate such mediation upon(thirty)30 days'written notice to the other party. The parties agree to share equally in the costs of the mediation which shall be administered by one mediator acceptable to both the City and the Developer. The mediator shall provide a written opinion upon the request of the City or the Developer. The parties acknowledge and agree that materials filed in such mediation shall be deemed to be confidential records relating to litigation. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreement and negotiations between the Parties relating to the Property but specifically does not supersede in any manner the terms and conditions of the East Village Annexation Agreement or the South Village Annexation Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between and among the Parties relative to the Party and the subject matter of this Agreement,and there are no promises, agreements, conditions,or understandings, either oral or written,expressed or implied,between or among them,other than as herein set forth. B. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the Parties unless reduced to writing and signed by them or their successors in interest or their assigns; provided, however, that any amendment affecting only a portion of the Property shall be effective upon the execution of an instrument by and among the City, the Developer, and the Owner or owners of such portion of the Property. C. All recitals and exhibits to this Agreement are incorporated herein by this reference. 27. PPROVALS. ---.-- Deleted:clTv Whenever any approval or consent of the City, or owner/developer or any of its departments, officials or employees is called for under this Agreement, the same shall not be unreasonably withheld,conditioned,or delayed. 24 DRAFT 6128106 Revised 8101106 28. SEVERABILITY. In the event any provision, phrase, paragraph, article or portion of this Agreement is found to be invalid,illegal or unenforceable by any court of competent jurisdiction,such finding of invalidity,illegality or unenforceability as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. If, for any reason, this Agreement, or any provision hereof, is ruled invalid, in whole or in part, the City shall expeditiously take such action(s)(including the giving of such notices,the holding of such public hearing and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit of this Agreement and the intentions of the Parties as reflected by the terms of this Agreement. Neither the Parties, nor any party claiming by or through them, shall contest or dispute the validity, legality or enforceability, or assert the invalidity, illegality or unenforceability, of any phrase, paragraph, article, or provision of this Agreement or of any ordinance adopted by the City pursuant to this Agreement. 29. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the Parties' respective successors and assigns,including successor members of the Corporate Authorities and successor grantees,purchasers,and owners of the Property. 30. TIME Time is of the essence of this Agreement and all documents, agreements and contracts pursuant hereto. 31. NOTICE. All notices, elections or 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 such other address as the Parties may,by notice,designate: If to the City: City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Attn:City Manager with a copy to: John Wyeth,Esq. City Attorney 800 Game Farm Road Yorkville,IL 60560 If to the Developer: Michael J.Ferraguto Ocean Atlantic Chicago LLC 1800 Diagonal Road 25 DRAFT 628/06 Revised 8101106 Suite 425 Alexandria,VA 22314 and Patrick J.Hughes Ocean Atlantic Chicago LLC 1751 W.Diehl Road,Suite 130 Naperville,IL 60563 with a copy to: David S.Warner,Esq. Freeborn&Peters 311 S.Wacker Dr.,Suite 3000 Chicago,IL 60606 If to the Owners: [List AR Owners] 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. 32. RIGHTS CUMULATIVE. Unless expressly provided to the contrary in this Agreement,each and everyone of the rights,remedies,and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights,remedies,and benefits allowed by law. 33. JOINT AND SEVERAL LIABILITY. All liabilities, obligations, and duties provided for in this Agreement are the joint and several liability, obligation, and duty of the Parties. 34. GOVERNING LAW. This Agreement shall be governed by, and enforced in accordance with,the internal laws,but not the conflicts of laws rules,of the State of Illinois. 35. COUNTERPARTS. This Agreement may be signed and executed in one or more counterparts with each having the effect of original signature. [SIGNATURE AND EXECUTION PAGES TO BE ADDED] [EXHIBITS TO BE ADDED] 1149070x1 26 Page 11:[1]Deleted tmiller 712512006 3:04 PM If the City shall fail or refuse to provide adequate sanitary sewerage transmission facilities and/or water supply services to and within the Property, and if it becomes necessary to disconnect any given undeveloped portion of the Property from the City in order to secure adequate sanitary sewage treatment and/or water supply service from a nearby municipality or other source, then the Developer shall have the right and option, with respect to such portion of the Property, to terminate this Agreement and cause the disconnection of such portion of the Property from the City, to which disconnection the City shall consent. Page 11:[2]Deleted tmiller 712512006 3:05 PM Prior to the issuance of such required sanitary sewer and water permits, the City shall,upon application by Developer or its duly authorized representative, allow construction of sanitary sewer, water, and the storm water improvements described in Paragraph 7, on the Property provided: i. Such construction shall be undertaken at the sole risk of Developer; ii. Final engineering for such improvements has been approved by the City Engineer; and iii. The Final Plan or Plat, for that portion of the Property for which the improvements are being made, has been approved by the City, provided that such Final Plan or Plat does not have to be recorded in order for construction to commence. Page 11:[3]Deleted tmiller 7/25/2006 3:08 PM City Codes and the specification standards approved by City Resolution 2004-39 ("Specification Standards") in effect as of the Petition Filing Date, which Specification Standards are attached to and incorporated into this Agreement as Exhibit E. Page 11:[4]Deleted tmiller 7125/2006 3:09 PM The Parties acknowledge and agree that the proposed development of the Property shall require no greater than 70 acres of stormwater detention/retention to be located on the Property at the locations generally depicted on the Concept Plan. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY (Prairie Point) WHEREAS, Donald J. Hamman and Carol S. Hamman are the owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the Property), and WHEREAS, Donald J. Hamman and Carol S. Hamman have made application by petition for the rezoning of the Property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 Service Business District, and NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District. 2. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 EXHIBIT "A" That part of Section 21, Township 37,North, Range 7 East of the Third Principal Meridian,more particularly described as follows: Commencing at the southerly most corner of Lot 167 in Prairie Meadows Subdivision said point being the intersection of the southeasterly line of Prairie Meadows Subdivision and the-easterly right of way of McHugh Road,thence along the southeasterly line of said Prairie Meadows Subdivision,North 49 degrees 50 minutes 06 seconds East, 85.11 feet for the point of beginning; thence continuing along said southeasterly line North 49 degrees 50 minutes 06 seconds East, 246.27 to a bend in said line; thence continuing along said southeasterly line, North 49 degrees 50 minutes 23 seconds East, 422.19 feet;thence South 38 degrees 18 minutes 57 seconds East, 712.04 feet to a point on a curve that is concentric with and 745.00 feet northerly of the North right of way line of Countryside Parkway; thence westerly 518.59 feet along,a curve to the left having a radius of 2245.00 feet and a chord that bears North 79 degrees 18 minutes 56 seconds West,a chord distance of 517.44 feet; thence along a line lying parallel with and 745.00 feet northerly of(as measured perpendicularly thereto)the North right of way of Countryside Parkway,North 85 degrees 56 minutes 00 seconds West,444.92 feet to the point of beginning, all in Kendall Township, Kendall County, Illinois. 6 EXHIBIT "B" 10-7D-1 10-7D-1 CHAPTER BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1: Permitted Uses 10-7D-2: Special Uses 10-7D-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-713-7: Off Street Parking And Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. September 2005 City of Yorkville 10-7D-1 10-7D-1 Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skating rink. Sports arena. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Truck sales and service. Upholstery shop. September 2005 City of Yorkville 10-7D-1 10-7D-4 Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21 , 6-25-1998; Ord. 2005-58, 7-12-2005) 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 district. Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord. 1995-20, 8-10-1995) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-1986) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 district of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 zoning district within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The zoning board of appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements September 2005 City of Yorkville 10-7D-4 10-7D-7 in a B-3 district if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 one-family residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B-3 zoning district is located next to an arterial roadway, as defined in the city's comprehensive plan, a twenty foot (20') setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B-3 zoning district is located next to a nonarterial roadway, as defined in the city's comprehensive plan, a ten foot (10') setback from the property line is required. (Ord. 1998-32, 11-5-1998) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998) 10-7D-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28-1974) i September 2005 City of Yorkville V< ON il zr3� g i y � ZQti n= Wg 3e�•o 'r k. x Se (�OOFti i m p 2�a €5i • s O yv �o z'u W3 3•� 6 O�� o �i x� 1 ,LL21 E. E Q y g o�E c.E•n°mg _� 'gym u° °a PE=s � �i e -spa =PS" aggo ai'3`° E°€ Eg: L`I til �poamS a�� _ gg ME _3'fi° °`��8.°= „E�a-OSS zg E.0 ' �) !tea`plyr°�ga c_oE o `°c mEOo cSSxm mSc��'O5 F�q O eg�pcS °on AA '1r� aim _'6.9 lb oREY°v°a EP°~=9«E[ 1�1 �3i€os °`Uh°nF ��g•3 Rn gy .. 8 C 'Bi ac D` ..cnoZc7F Y^° uo Lv'e"o;ati O�� ozZM1w � r ` SSn sgs See am°mn N qRm'°fog °� ` n°ggB �op��OZa° e 4W RhYWSR >W^fie t`w Yf m2$9omzym ° 2 i5p0 E°LLCUg$�Oa�Cb pxWe 5 ISS°mc°`c6uYi'�.4°a°€ P°mg�mucQ � mm 8 i EiE XS° mo h p.,q$ c3hYDE£Ri'"'�F�c° `ni to°n�a°a 3Yo r'rh5�&° mgc i°a"yag R�"•S�n' x°nY m3 Sr$ ism ,��oE °#mi 'off a -.�8"uEBE -M°W2 o � oaa � r3- wn ohxpBg�:; mibyy 3 � NoOinv 4€c E eB eo 9om €^'O`x N ''\''\R Vc WoRn�a '$§0 1 _r��a�m2 Rp m jOw w J a3 INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF KENDALL KENDALL COUNTY PUBLIC BUILDING COMMISSION AND THE UNITED CITY OF YORKVILLE This Agreement is made as of . 2006, by and between the COUNTY OF KENDALL, a body corporate and politic and a unit of local government of the State of Illi- nois ("Kendall County'), KENDALL COUNTY PUBLIC BUILDING COMMISSION("PBC") and the UNITED CITY OF YORKVILLE , a body corporate and politic and a unit of local government of the State of Illinois ("Yorkville' . Recitals This agreement is based upon the following recitals: (1) Article VII, §10 of the 1970 Illinois Constitution, as well as the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.)permit units of local government to contract and jointly exercise, combine or transfer any power, privilege, function, or authority among themselves. (2) Kendall County, PBC and Yorkville, under their respective general powers,may otherwise agree between themselves as to development of land located within Yorkville. (3) Road planning by Yorkville contemplates the construction of a new roadway(named "Beecher Road") near the western boundary of the current Kendall County governmental complex on the South Side of U.S. Route 34 in Yorkville, as more specifically set forth on the attached Exhibit of Proposed Right of Way Dedication for Beecher Road at U.S. Route 34 "A" (Plat o f the new i t..«,.....a��\ (4) To facilitate the construction, the roadway will fall upon approximately .82 acres of land currently owned by Kendall County and or PBC, which will be conveyed to Yorkville under the authority of this agreement, for the mutual benefits of the parties to this agreement. (5) As additional consideration to Kendall County and PBC under this agreement, Kendall County and PBC shall be relieved of any obligation for improvements to the intersection of U.S. Route 34 and the new Beecher Road, or the construction extending Beecher Road along the entire length of the western boundary of the Kendall County governmental complex. Kendall County and PBC will also be relieved of any obligation for future improvements to the intersection and Beecher Road extension including, but not limited to additional turn lanes, traffic signals, street lighting and si na e. (6) As additional consideration to Kendall County and PBC, Yorkville agrees to allow a full access connection and consider another properly spaced right in/right out connection to Beecher Road from the Kendall County governmental complex at some future date, the construction cost of said connection shall be borne by Kendall County. (7) As additional consideration to Kendall County under this agreement, Yorkville shall provide for the construction of a storm water outfall under Beecher Road generally in a southwesterly direction to be used by Kendall County, at no cost to Kendall County. For the mutual benefits contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: A. The recitals, above, are hereby incorporated herein by this reference, and shall be considered material and binding provisions of this agreement. B. Kendall County agrees as follows: (i) It shall convey to Yorkville by deed,plat of dedication (te be deterred selel y a4 Yer4. llels�` the area owned by Kendall County described on Exhibit of Proposed Right of Way Dedication for Beecher Road at U.S. Route 34 (legal description of the .82 acre parcel to be conveyed to Yorkville). (ii) It shall be responsible for any costs associated with any future connection to Beecher Road, and will cooperate with Yorkville and the adjoining land owner to the west to locate the future access to provide for safe and efficient traffic flow while serving the needs of the property owners and Yorkville. (iii) It shall not be monetarily obligated, other than as described in(ii) immediately above, for any improvements to the U.S. Route 34 and Beecher Road intersection or the extension of Beecher Road along the western boundary of the government complex. C. Yorkville agrees as follows: (i) It will e5Eeep accept the conveyance of the .82 acre parcel to by be exclusively used for roadway, and if necessary other City infrastructure needs. (ii) It shall not collect, nor attempt to collect any monetary amount from Kendall County for the improvement of the U.S. Route 34 and Beecher Road intersection or the extension of Beecher Road along the western boundary of the government complex, acknowledging that Kendall County shall be responsible for the cost of any future connection to Beecher Road as agreed in Section B(ii), above. (iii) During the construction of Beecher Road, it shall provide an appropriate outfall pipe under Beecher Road for stormwater conveyance from the Kendall County governmental complex to the land west of Beecher Road, and furthermore cause said outfall to be incorporated into the stormwater management plans of any development to the west of Beecher Road. However, it is understood and agreed by Kendall County that it must adhere to Yorkville stormwater standards in connection to the outfall pipe. D. Miscellaneous (i) This agreement constitutes the entire agreement and supersedes all prior agreements and understandings,both written and oral,between the parties hereto with respect to the subject matter hereof, and no party shall be liable or bound to the other in any manner by any representations or warranties not set forth herein. (ii) This agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. (iii) This agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument. (iv) All notices required or permitted hereunder shall be in writing and may be given by(a) depositing the same in United States mail, addressed to the party to be notified, postage prepaid and certified with return receipt requested, (b) delivering the same in person, or(c)telecopying the same with electronic confirmation of receipt. (1) If to Kendall County: County Administrator County of Kendall County 111 W.Fox Street Yorkville,IL 60560 (2) If to Yorkville City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 or at such other address or counsel as any party hereto shall specify pursuant to this section from time to time. (v) Time is of the essence with respect to this Agreement. (vi) hi case any provision of this agreement shall be invalid, illegal or unenforceable, it shall,to the extent possible,be modified in such manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties, and if such modification is not possible, such provision shall be severed from this agreement, and in either case the validity, legality and enforceability of the remaining provisions of this agreement shall not in any way be affected or impaired thereby. (vii) No right,remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights,remedies and elections available at law or in equity. (viii) This agreement shall be in full effect and legally binding at such time as an ordinance or resolution authorizing its execution has been passed and approved by both parties. A certified copy of such ordinance or resolution entering into this agreement shall be filed by each party at the office of the other within 30 days of passage and ap- proval. COUNTY OF KENDALL Kendall County Public Building Commission Chair, Kendall County Board Chair, Kendall County PBC Attest: Attest: PBC Secretary County Clerk UNITED CITY OF YORKVILLE Mayor Attest: City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL T OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO 5 K A FT HELD IN THE CITY COUNCIL CHAMBERS, 1`L-X 800 GAME FARM ROAD ON TUESDAY,APRIL 11,2006. Alderman Burd announced that Mayor Prochaska was on vacation and that she was mayor pro temp for the meeting. Mayor Pro Tem Burd called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLLCALL Clerk Milschewski called One roll. Ward James Present Leslie Absent Ward 11 Burd Present Wolfer Present Ward III Bock Present Munns Absent Wm d IV Besco Present Spears Present Also present: City Clerk Milschewski,Interim City Administrator Crois,City Attorney Wyeth,. Police Sergeant Hart,Director of Park&Recreation Mogel and Community Development Director Miller. QUORUM 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 Mayor Pro Tom Burd asked that Item#3-PNGK Family Limited Partnership Property Annexation Agreement and Development Agreement(Onishi-McHugh Professional Building)be removed from that agenda as the petitioner has asked for another postponement. COMMJTTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,May 1,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P:M.,Thursday,April 27,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,May 4,2006 City of Yorkville Conference Room 800 Game Form Road Public Safety Committee 7:00 P.M.,Thursday,April 13,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Tuesday,May 9,2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS Southwest Infrastructure Jeff Freeman from Engineering Enterprises Inc.(EEI)and Peter Raphael from William Blair& Associates gave a presentation to the City Council on the Southwest Infrastructure Improvements, Mr.Freeman covered the following items(see attached): o Southwest(SW)Planning Area-Fox Road(north)to Route 71(south)and Route 47 (east)to Eldamain Road(west). Six developments active in the area with undeveloped property between them. The Minutes of the Regular Meeting of the City Council—April 11,2006—ume 2 • SW Transportation Improvements—Existing traffic congestion on Route 47;proposed collector road system;.right of ways. • SW Sanitary Conveyance Improvements—Interceptor identified by Yorkville-Bristol Sanitary District(YBSD). • SW Water Improvements-Two proposed options;Option#I-addition of a well, treatment plant and offsite watermain;Option 2-addition of a well,treatment plant and three offsite watermains;Option 2 is less costly. • Fox Road Area Drainage Study-concerns with drainage in existing subdivisions and at railroad tracks;a Water Drainage Study was approved September 27,2005 contingent on funding;some funds already collected from developers. • Capital Cost Summary—1,250 estimated single family units in area;transportation and sanitary cost approximately$8,926.00/unit;water works system improvements either $6,755.00/unit or$6,160.00/unit depending on improvement option chosen. Total up- front costs will be either$15,680.00/unit or$15,086.00/unit depending on which water improvement option is chosen. Peter Raphael noted that the total cost of the project could exceed$19 million. He stated that it is difficult for developers,at any tine,to come up with up-front funding. The fees that will be used to pay from these improvements are collected at the time of building permit. He explained that he has been working with staff to develop a vehicle for up-front funding of all the costs. Options discussed were: • Have all the developers pay cash up front-this option was not met with enthusiasm from the developers. • Form individual Special Service Areas for each development-this would create at least six different SSAs. ✓ The improvements needed are not a general obligation of the municipality and onus not a liability of the city. ✓ The cost of the improvements will be levied against the properties benefiting from them. Kendall County will bill for the SSA through the tax bill and they will handle delinquencies.There will be no financial hardship to the City however the City will control the funds. There will be a 10%reserve fund in the event there is a problem with the County so that the bond holders can be kept current on their payments. ✓ Even though there will be six SSAs,there will be only one bond issue. The security for the bonds will be the tax levied against the properly. ✓ The SSA will be paid down at either the time of the building permit or at the time of occupancy so that future homeowners will not see this on their tax bill. ✓ The bonds will be a ten-year obligation so that builders have time to finish on- site improvements,develop the property and sell homes. ✓ The bond issue will be for approximately$24 million which would include the capitalized interest and a reserve amount. ✓ Process cannot begin until the properties are annexed. The process will take approximately 120 to 150 days. Mr.Freeman and Mr.Raphael entertained questions from the City Council. Alderman Besco asked if there could be any recapture for costs when the undeveloped land develops and if this would help pay down the bond. Mr.Raphael stated that any recapture would pay down the bonds however recapture was not going to affect any fees that the property needs to pay such as YBSD fees,etc. The development of the other properties will decrease the bond issue and make the amount due at permitting less. Alderman Spears asked what the advantage was to the City byjoining the six developments for one bond. Mr.Raphael explained that six separate SSAs would be needed because not all the properties are contiguous and the separate SSAs also isolate each individual property with its own obligation. Combining the bond issue for the six SSAs reduces the administrative cost for developing the bond issue and makes it a larger issue which is more acceptable on the bond market thus providing for a lower interest rate. Alderman Spews questioned what would happen if one of the developers"goes belly-up';would the burden be on the other five? Mr.Raphael explained that each property would have its own SSA;if one of the properties goes into default,the other properties are not affected by the burden. Additionally,he stated he believed that the tax amount would be small enough based on the value of the property that it a developer failed to pay,the unpaid taxes would go to a county tax sale and the bonds would be paid at that time. The Minutes of the Regular Meeting of the City Council—April 11,2006—Page 3 Alderman Spears clarified that the purchasers of the homes would not be charged for the SSA;the developers are responsible for paying it. Mr.Raphael agreed and stated that the homes will be at market price. Alderman Spears asked if Kendall County was aware that they would be handling the billing for the SSA. Mr.Raphael stated that Kendall County is currently doing the billing for existing SSAs in Yorkville and surrounding communities. Alderman Spears asked Mr.Freeman if the proposed$20 million project included the widening of Fox Road. Mr.Freeman explained that there are concerns and barriers to widening Fox Road especially near Route 47. With this in mind,the outlet for the planning area is proposed for Greenbriar Road or Route 71. There will be improvements to Fox Road however they will discourage additional traffic to the Fox Road/Route 47 intersection. He further explained that Greenbriar Road has been designed to be a collector road which can accommodate traffic from this area and Route 71 also has the capacity to handle additional traffic. Mayor Pro Temp Burd asked if the Eldamain Road corridor is part of this plan. Mr.Freeman stated that the Eldamain Road Bridge was part of the plan however it was not given a lot of consideration because of the cost and timing of the construction of the bridge. When this corridor is completed,it may relieve traffic on Fox Road. Mayor Pro Temp Burd asked if anyone was aware if the Prairie Parkway was to have an exit on Route 71. Attorney Wyeth stated that he believed one was planned. She asked Mr.Freeman if the impact of the Prairie Parkway on this area was known. Mr.Freeman stated that this was not part of the overall transportation study. Alderman James noted that there were six properties in this plan. He asked how many more properties had the potential for coming into the City. Mr.Freeman noted the undeveloped land in the planning area;these areas are indicated in gray on the attached map. He estimated that there _ is an equal amount of undeveloped land to developing land in the planning area. He further noted that the Fox River Bluffs subdivision was contemplating being a part of the infrastructure however recently there has been no indication from the developer that they want to continue in the plan so this subdivision was not included. There were no further questions. PUBLIC HEARINGS CCTF 500,LLC and Frank Calabrese,Sr. Mayor Pro Tem Burd entertained a motion to go into public hearing for One purpose of discussing CCTF 500,LLC and Frank J.Calabrese,Jr.,Successor Executor for the estate of Lucille Calabrese,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-2 General Business District and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 12.33 acres located at 9433 Route 126,Kendall Township,Kendall County, Illinois. So moved by Alderman James;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.A.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Pro Tem Burd entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Proposed FY 2006-2007 Budget Mayor Pro Tem Burd entertained a motion to go into public hearing for the purpose of discussing the proposed 2006-2007 Budget. So moved by Alderman Bock;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 - Besco-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye Interim City Administrator Crois reported that the Fiscal Year 2006/2007 Budget has been available at City Hall since March 3,2006 and a copy was provided to the City Council in their City Council meeting packets(see attached). This public hearing is being held for public comment in compliance with stated statute. After hearing any public comments tonight,the The Minutes of the Reeular Meetine of the City Council—April 11.2006—maee 4 final budget will be prepared and presented to the City Council at the next Committee of the Whole meeting where any additional suggestions or comments will be addressed. The floor was open for public comments;there were none. The floor was open for City Council cmmnents. Alderman Spears noted that she had many questions and she asked Administrator Crois if lie would like her to discuss them with him separately. He invited her to contact him before the next COW meeting or to have her questions addressed at the COW meeting. He suggested that since she had marry questions it might be best to address them before the COW meeting. Mayor Pro Temp Burd suggested,in consideration of time,that Alderman Spears'questions and the answers be presented to the remaining City Council members in writing before the COW meeting for review. Administrator Crois agreed and asked Alderman Spears to present him with her concems. Alderman James asked if this public hearing should be recorded by a court reporter. Attorney Wyeth and Clerk Milschewski explained that the court reporter was just needed for public hearing regarding developers,annexations,etc. Alderman Burd entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye CITIZEN COMMENTS None. CONSENT AGENDA I. Police Reports for February 2006(PS 2006-09) 2. Building Permit Report for January 2006(EDC 2006-07) 3. Building Permit Report for February 2006(EDC 2006-08) 4. Saliu—Amendment to a Consent Decree Yorkville Marketplace—approval ofthe form of the amended consent order(CC 2006-0 1) 5. Resolution 2006-28—Approving the Final Plat of Subdivision for Fountain Village authorize Mayor mid City Clerk to execute subject to staff comments and legal review (PC 2005-65) 6. Ordinance 2006-31—Amending City Code Title 10—Zoning,Chapter 8A—M-1 Limited Manufacturing District regarding Zoning for Contractors Offices—authorize the Mayor and City Clerk to execute(COW 2006-04) 7. Resolution 2006-29—Approving Agreement with Schoppe Design Associates,Inc.for Professional Services for Prairie Meadows Park-authorise die Mayor and City Clerk to execute (PKBD 2006-04) Mayor Pro Tem Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Besco;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of March 14,2006,the Committee of the Whole meeting of February 21,2006 and the Special Committee of the Whole Special meeting of March 16,2006;seconded by Alderman Bock. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills fisted on the Detailed Board Report dated March 30,2006 totaling the following amounts:checks in the amount of $1,239,845.40(vendors);$187,759.70(payroll period ending 3/18/06);for a total of $1,427,605.10(Revised 4/5/06);seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council—April 11,2006—page 5 Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye REPORTS MAYOR'S REPORT Committee of the Whole Mayor Pro Temp Bard announced that due to the Good Friday Holiday,COW packets will be distributed on Thursday,April 13,2006. Truck Purchase (PKBD 2006-03) Mayor Pro Temp Bard reported that the,purchase of two trucks was approved last summer however there were none available through the state purchase plan so the original motion has to be amended. Mayor Pro Temp Burd entertained a motion to amend the July 12,2005 City Council motion to approve the purchase of two trucks to provide to delete the requirement that the trucks be "purchased through the Illinois State purchase program"thereby providing that the trucks be purchased through bid,as presented,said two trucks to be purchased in an amount not to exceed $61,862.00 for the trucks and an additional$8,000.00 for plows totaling an amount not to exceed $69,862.00. So moved by Alderman Besco;seconded by Alderman Wolfer Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Besco-aye CITY COUNCIL REPORT No report ATTORNEY'S REPORT No report. 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. CFIRF OF POLICE REPORT No report. DIRECTOR OF PARKS&RECREATION REPORT No report COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that a decision has been made for the position of Park Designer. Laura Haake has been hired and will start on May 1,2006. Ms.Haake is a resident of Yorkville with a degree in Landscape Architecture from the University of Illinois and she is one semester away from obtaining her Masters Degree. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—April 11.2006—page 6 ECONOMIC DEVELOPMENT COMMITTEE REPORT Westbury South Village PUD Amendment&Preliminary PUD Plan (PC 2006-08) Director Miller stated that staff received the ordinance amending the Westbury South and East Village PUD April 10,2006. He asked the City Council to postpone any action to allow the staff time to review the revisions and review the concerns he noted in his April 1],2006 memo regarding the amendments(see attached). Alderman James stated that he agreed with Director Miller;the issues should be worked out before it is voted on. He questioned if the matter could be postponed and Attorney Wyeth stated it could however the City Council would have to out upon both Westbury items in a 90-day time period. A motion was made by Alderman James to postpone the approval of an ordinance approving the amendment to the Annexation Agreement until the April 18,2006 Committee of the Whole meeting,to be acted upon the following week;seconded by Alderman Wolfer. Attorney for the developer,Dan Kramer,stated that the developer did not have a problem with the postponement however there may be a need for a separate agreement for the drainage issue. He stated that this will be discussed further with staff. He further noted that the first three issues that Director Miller mentions in his memo are being addressed in their landscape plan and they may not be included in the ordinance. The Route 47 issue may need to be discussed at a later date after more properties are annexed. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Besco-aye Westbury East Village PUD Amendment&Preliminary PUD Plan (PC 2006-09) Mayor Pro Temp Burd entertained a motion to postpone until April 18,2006 the ordinance amending the Planned Unit Development Plan for Westbury Village's East Village at Westbury. So moved by Alderman Wolfer;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Bock-aye,Burd-aye,Slns rs-aye,Besco-aye,Wolfer-aye PNGK Family Limited Partnership Property Annexation Agreement (PC 200545) Mayor Pro Temp Burd read a letter from Attorney Dan Kramer dated April 11,2006(see attached)which asks that the annexation agreement be tabled. Mayor Pro Temp Burd entertained a motion to postpone,until the May 2,2006 Committee of the Whole meeting,discussion of all matters concerning PC 2005-45"PNGK Family Limited Partnership Property"generally seeking annexation and rezoning,and to place the matter upon the May 9,2006 City Council agenda for consideration. So moved by Alderman James; seconded by Alderman Spears. Alderman Wolfer noted he was fine with the postponement as long as this matter is eventually voted on. Mayor Pro Temp Burd noted that residents in the area of this annexation were also told that the City received this request from the petitioners and are not in attendance so it would be better to postpone the matter. Motion approved by a roll call vote. Ayes-6 Nays-0 Bock-aye,Burd-aye,Spears-aye,Besco-eye,Wolfer-aye,James-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Spears reported that one of the City's building inspectors,Barb Dethner,has been selected to review,evaluate and verify the building codes ofthe ICCI training program to determine if they meet the established codes and compliance. Nationwide,only nine individuals in the building inspection industry are asked to perform this review. She stated that the City should be proud to have Mrs.Dettmer representing the City. The Minutes of the Regular Meeting of the City Council—April 11,2006—Page 7 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Basco;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 8:12 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M. VITOSH, C . S . R . , on April 11 , 2006 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-790406 CEP® ® COURT reporting service 800 West Fifth Avenue - Suite 203C - Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 P R E S E N T : 2 MS. VALERIE BURD, Chairman; 3 MR. PAUL JAMES , Alderman; 4 MR. DEAN WOLFER, Alderman; 5 MR. JAMES BOCK, Alderman; 6 MR. JOSEPH BESCO, Alderman; 7 MS . ROSE ANN SPEARS, Alderman; 8 MR . JOHN CROIS, City Administrator; 9 MS . JACQUELYN MILSCHEWSKI, City Clerk. 10 11 A P P E A R A N C E S : 12 MR . JOHN JUSTIN WYETH, Counsel , 13 appeared on behalf of the United City of Yorkville, Illinois . 14 15 - - - - - 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance) 2 CHAIRMAN BURD: We are going to move 3 ahead . We have two public hearings tonight . 4 Move to public hearing number one . 5 I ' d like to entertain a motion 6 to conduct a public hearing regarding CCTF 500 , 7 LLC, and Frank J. Calabrese, Jr . , Successor 8 Executor of the estate of Lucille Calabrese, 9 petitioners , request to annex to the United City 10 of Yorkville and rezone from Kendall County A-1 11 Agricultural to United City of Yorkville B-2 12 General Business District and for hearing as to 13 the annexation agreement of petitioner .. 14 The real property consists of 15 approximately 12 . 33 acres located at 9433 16 Route 126, Kendall Township, in Kendall County, 17 Illinois . 18 MS . SPEARS : Second. 19 CHAIRMAN BURD : Somebody has to 20 move . 21 MS . SPEARS : Oh, I 'm sorry. 22 MR . JAMES : So moved . 23 CHAIRMAN BURD : Okay . Do we have a 24 second? Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . SPEARS : Second. 2 CHAIRMAN BURD : Roll call, please . 3 MS . MILSCHEWSKI : Besco . 4 MR . BESCO : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR . WOLFER: Aye . 7 MS . MILSCHEWSKI : James . 8 MR . JAMES: Aye . 9 MS . MILSCHEWSKI : Burd . 10 CHAIRMAN BURD : Aye . 11 MS . MILSCHEWSKI : Spears . 12 MS . SPEARS : Aye . 13 MS . MILSCHEWSKI : Bock . 14 MR. BOCK: Aye . 15 WHEREUPON : 16 DANIEL J. KRAMER, 17 testified before the Yorkville City Council as 18 follows : 19 MR. KRAMER: Good evening , Mayor . 20 How are you? 21 CHAIRMAN BURD : Fine, thank you . 22 MR. KRAMER: Daniel J. Kramer on 23 behalf of the petitioners . My address is 1107A 24 South Bridge Street in Yorkville, Illinois , and I Depo Court Reporting Service ( 630 ) 983-0030 5 1 represent them as attorney . 2 Frank Sakelaris and Cheryl 3 Randazzo are the petitioners here with me 4 tonight . 5 I think most of you remember 6 we ' ve been through the process twice now at the 7 Committee of the Whole level, so I won ' t belabor 8 it . 9 It ' s a 12 . 33 acre parcel, it ' s 10 on the north side of 126, and, again, as we have 11 pointed out when we made our two presentations in 12 front of the Committee of the Whole , it ' s an 13 upscale office community. There is no 14 residential component whatsoever in it . 15 We ' ve looked at making the main 16 entrance in the subdivision right across the 17 street from the county subdivision that adjoins 18 us , and there is the Yorkville subdivision, as 19 you know, on the books that you have encouraged 20 to work with us to make this their main entrance 21 and get rid of that long, tortured light that 22 goes around the north and east boundary of our 23 property, which we are happy to do . 24 The type of buildings -- we Depo Court Reporting Service ( 630 ) 983-0030 6 1 have passed out examples to the Committee of the 2 Whole -- are all masonry type, low level . We 3 don ' t anticipate many two story, could have some, 4 but certainly no taller than two story, and will 5 have a residential feel to them. 6 In particular, we have designed 7 the setback from Route 126 in order to 8 accommodate the future right-of-way and then 9 heavy buffering along 126 so we don ' t disturb the 10 neighbors . 11 We think it would be a very, 12 very positive impact for the school district 13 generating revenue in terms of real estate taxes 14 with no children . 15 The school board representative 16 on the Plan Commission was ecstatic about that , 17 and we received a positive recommendation from 18 your Plan Commission . 19 We did submit an annexation 20 agreement originally; there were a couple minor 21 staff comments that we had . We have given you 22 the revised ones . So we would be happy to answer 23 the only -- or the questions about it . 24 There is only one issue that we Depo Court Reporting Service ( 630 ) 983-0030 1 have not been able to plug in that if you see an 2 underline in it , we ' re not trying to fool 3 anybody. 4 Staff had asked us if we would 5 consider a contribution to the regional bike path 6 that would go through north and south on the 7 ComEd right-of-way where you have put the new 8 interceptor . 9 We said we would do that . We 10 are trying to get some estimates from various 11 estimators -- or excavators . I mean, we don ' t 12 want to say unlimited, but try to get a fair 13 number and work with staff on that . 14 And if there is no other 15 problems with it, we would be happy to come back 16 at the next meeting for the vote, so we ' ll be 17 quiet, see if we have any questions . 18 CHAIRMAN BURD: Okay . Open it to 19 the public . Is there anyone who has any 20 questions on this development? Anyone here 21 tonight wish to ask a question? 22 (No Response) 23 CHAIRMAN BURD: No . Any members of 24 the City Council? Depo Court Reporting Service ( 630 ) 983-0030 8 1 MR . JAMES : Yeah, I ' ve got a couple 2 questions . 3 CHAIRMAN BURD : Okay. Alderman 4 James . 5 MR . JAMES : You kind of answered 6 with the bike path . One is I was , curious if you 7 are giving an easement, you know, so that they 6 will be able to continue it and connect it up to 9 the other side of the road and make sure that 10 that path connects from the property behind you 11 and to the north and to the south . 12 MR. KRAMER: Well, in terms , Paul, 13 of where ComEd has that right-of-way, it ' s really 14 wide . It ' s the old trolley line . 15 MR. JAMES : Yeah . 16 MR . KRAMER: But north/south they 17 run all the way through our border, so, I mean, 18 the bike path will be able to go north/south from 19 the residential through ours to get to 7 -- or to 20 126 . 21 I think probably we would work 22 with -- if you want some kind of cross 23 connection, you know, going east through our 24 development -- you know, here is the ComEd Depo Court Reporting Service ( 630 ) 983-0030 9 1 right-of-way, so perhaps go down along the front 2 or something to connect so it goes back in . 3 But from a north/south plane , 4 it will go all the way through . We don ' t have to 5 give up any easement . It ' s already there . 6 MR. JAMES : Well, isn ' t where that 7 easement -- that ' s where the driveway for that 8 red house back there is at? 9 MR . KRAMER : The ComEd, again, they 10 actually own it, so it ' s not really an easement 11 area . 12 They have given the City -- 13 ancient history, when I had hair, perpetual 14 easement at a dollar per year for a bike and 15 hiking trail to go through there, and, of course , 16 they want a fortune when you brought the 17 interceptor through, but I presume from what 18 staff has indicated the bike trail would go right 19 along that ComEd right-of-way . 20 MR. JAMES : Okay . 21 MR . KRAMER: Or within it would be a 22 better way to say it . 23 MR. JAMES : Because right now 24 that -- where you ' re talking about is really Depo Court Reporting Service ( 630 ) 983-0030 10 1 where that driveway is at; is that correct? 2 MR. KRAMER: It ' s probably pretty 3 close to it . I wouldn ' t bet it ' s right on what 4 ComEd owns , though. 5 MR . JAMES : Okay. All right . 6 MR . SAKELARIS : That driveway, that 7 easement area, serves right now as de facto 8 access to the property, but I think that ' s just 9 because it ' s there . That ' s not part of our plan . 10 MR. JAMES : But that ' s the location 11 where you plan on putting a path? 12 MR . KRAMER: Exactly . 13 MR. SAKELARIS : Yes . 14 MS . RANDAZZO: Yes . 15 MR. JAMES : Where that driveway is 16 at? 17 MR. KRAMER: Correct . And the house 18 will go, you know, once this is built . 19 MR. JAMES : And the second question 20 I ' ve got is on the cul-de-sac up there, how close 21 will you be to those two houses that ' s off your 22 picture right there? 23 MR . KRAMER: Down in this area? 24 MR. JAMES : Go up . Because up on Depo Court Reporting Service ( 630 ) 983-0030 11 1 the top is where the church is at, to the left 2 there . 3 MR. KRAMER: Oh, up in this area, 4 right . 5 MR. JAMES : And go up to the right , 6 right there , there is two houses that are right 7 there that you just cut off in the. picture, and 8 how close are you going to be to those? 9 MR. KRAMER: If you went edge of 10 building to edge of house, I bet you are pretty 11 close to 200 feet because the parking is set 12 back -- and this is pictoral, I realize it ' s not 13 scaled out, being concept rather than a hard line 14 preliminary plat, but it looks like parking is 20 15 to 30 feet off the property line . 16 So now you set back a building 17 from here and, as you say, the houses are off the 18 picture, you ' ve probably got a good 200 feet 19 between buildings back-to-back. 20 MR . JAMES: So the only concern is 21 making sure that we ' ve got enough buffering of 22 landscape and that the lighting is set up so it ' s 23 not shining on the residents . 24 MR. KRAMER : Right . What we talked Depo Court Reporting Service ( 630 ) 983-0030 12 1 about in terms of photometric is your ordinance 2 provides that we are not supposed to be 3 two-tenths of candlelight at the building -- or 4 at the property line . 5 We will easily meet that . It 6 would be the box type with the recessed lens so 7 they don ' t bleed off at all . 8 And then again around the rear 9 of the property you can see by the color it ' s 10 really heavily vegetated along the north side, so 11 we would leave most of the natural, plus we would 12 berm as well . 13 MR. JAMES : And then I guess my last 14 question is is there any restrictions to 15 prevent -- since we are so close to residents , 16 that, you know, say somebody puts in a car wash 17 or something in that location, and then you ' ve 18 got somebody there at 12 o ' clock at night , you 19 know, opening up their doors , start cranking the 20 stereo, and they are so - close to residents . 21 How do we prevent , you know, 22 certain types of businesses like that from 23 existing in that location? 24 MR . KRAMER: Well , that ' s a good Depo Court Reporting Service ( 630 ) 983-0030 13 1 question because that ' s something we went through 2 both at the Plan Commission, with Staff, and 3 Committee of the Whole . 4 Number one, we are a lesser 5 zoning . We are B-2 , we are not B-3 , so you 6 couldn ' t have a gas station or car wash, more of 7 your intensive highway uses . 8 For instance , we couldn ' t have 9 any drive-through restaurants , none of them 10 qualify in B-2 . All of those are B-3 or B-3 with 11 a special use . 12 The other thing that we did was 13 kind of a melded approach on the annexation 14 agreement . 15 If you took out your three or 16 four pages from your B-2 permitted uses , what we 17 tried to do is go item-by-item on them, and like 18 we took out the billiard, tattoo parlors, things 19 of that nature . 20 So really what we are looking 21 for is more of an office, more of your 22 professional . I mean, we could see this as 23 engineers , attorneys -- although that lowers 24 property values -- surveyors , things like that . Depo Court Reporting Service ( 630 ) 983-0030 14 1 There is a possibility you 2 could have a small neighborhood-type restaurant . 3 That would be a permitted use that we could see 4 being real advantageous . 5 If you load this up -- and 6 there is about 66, 000 feet of office space 7 provided, you could have a small lunch or 8 breakfast-type place, but , again, it couldn ' t be 9 drive-through . 10 Because of its proximity to the 11 school, it probably could not have a liquor 12 license . 13 So it would be real low 14 intensity. I mean, you ' re not even looking for a 15 high volume business . 16 You know, I could see, again, a 17 dry cleaner, but it wouldn ' t be one of the large 18 ones because most of the time they want to be 19 very accessible . They want volume . 20 I could see a small day care 21 center that would service the office people 22 around there, but , again, I wouldn ' t see it 23 anywhere near as large as , let ' s say, the -- you 24 know, the Fisher family operation, what ' s up by Depo Court Reporting Service ( 630 ) 983-0030 15 1 the courthouse area . I think that ' s way too 2 intense for this property. 3 So we tried to control it right 4 by the terms of the annexation agreement . 5 MR. JAMES : So is there any time 6 frame limitation saying like the businesses can ' t 7 be open after ten o ' clock, 11 o ' clock? 8 MR. KRAMER : No . We didn ' t put any 9 on it . It ' s straight zoning in that sense . But 10 my experience, you know, if you look around town 11 where you ' ve got the office and residential ones 12 right next to each other, I think if you talk to 13 the people who live next to them, you ' d find that 14 they have been pretty good neighbors . 15 Most of them are the types of 16 businesses that close at six or seven, don ' t have 17 a night shift , kids roller blade in the parking 18 lots, and, you know, less interference than the 19 dog barking and domestic disputes , frankly. 20 CHAIRMAN BURD : Anyone else? 21 (No Response) 22 CHAIRMAN BURD : Okay. 23 MR . KRAMER: Okay. Thank you very 24 much, and we have requested to be on I believe Depo Court Reporting Service ( 630 ) 983-0030 16 1 it ' s the 24th . 2 If you would like us on the COW 3 the week before just to make sure if there is any 4 questions on the annexation agreement, just let 5 us know and we will be happy to be here ; 6 otherwise we plan on being here the 24th . Thank 7 you . 8 CHAIRMAN BURD : I would like to 9 entertain a motion to close this public hearing . 10 MR. BESCO : So moved . 11 MR . WOLFER: Second . 12 CHAIRMAN BURD: Roll call . 13 MS . MILSCHEWSKI : Wolfer . 14 MR. WOLFER: Aye . 15 MS . MILSCHEWSKI : James . 16 MR. JAMES : Aye . 17 MS . MILSCHEWSKI : Burd. 18 CHAIRMAN BURD: Aye . 19 MS . MILSCHEWSKI : Spears . 20 MS . SPEARS : Aye . 21 MS . MILSCHEWSKI : Bock. 22 MR. BOCK: Aye . 23 MS . MILSCHEWSKI : Besco . 24 MR . BESCO: Aye . Depo Court Reporting Service ( 630 ) 983-0030 17 1 (Which were all the 2 proceedings had in 3 the public hearing . ) 4 ---oOo--- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 18 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my d this 71—U ay of 16 2006 . 17 18 19 20 _ _ CHRISTINE VITOSH, C S . R . 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 CITY Coume-(L- Yorkville D1 - ^^ 19 April 11 , 2006 084-002883 18:24 annexation 3:13, books 5:19 3:11, 4:17, 7:24, 9:12 11 15:7 6:19, 13:13, 15:4, border 8:17 cleaner 14:17 1107A 4:23 16:4 boundary 5:22 Clerk 2:9 12 3:16, 5:10, 12:18 answer 6:22 box 12:6 close 10:3, 10:20, 12.33 3:15, 5:9 answered 8:5 breakfast-type 14:8 11:8, 11:11, 12:15, 126 6:7, 6:9, 8:20 anticipate 6:3 Bridge 4:24 12:20, 15:16, 16:9 20 11:14 anybody 7:3 brought 9:16 color 12:9 200 11:11, 11:18 appeared 2:14 buffering 6:9, 11:21 Corned 7:7, 8:13, 2006. 18:18 approach 13:13 building 11:10, 8:24, 9:9, 9:19, 10:4 24th 16:1, 16:6 approximately 3:15 11:16, 12:3 comments 6:21 30 11:15 area 9:11, 10:7, buildings 5:24, Commission 6:16, 50 3:6 10:23, 11:3, 15:1 11:19 6:18, 13:2 66,000 14:6, 14:6 around 5:22, 12:8, built 10:18 Committee 5:7, 7 8:19 14:22, 15:10 BURD 2:2, 3:2, 3:19, 5:12, 6:1, 13:3 7:00 1:9, 1:9 attorney 5:1 3:23, 4:2, 4:9, 4:10, community 5:13 800 1:9 attorneys 13:23 4:21, 7:18, 7:23, 8:3, component 5:14 9433 3:15 Aye 4:4, 4:6, 4:8, 15:20, 15:22, 16:8, concept 11:13 4:10, 4:12, 4:14, 16:12, 16:17, 16:18 concern 11:20 16:14, 16:16, 16:18, Business 3:12, conduct 3:6 <A> 16:20, 16:22, 16:24 14:15, 18:8 connect 8:8, 9:2 A-1 3:10 businesses 12:22, connection 8:23 able 7:1, 8:8, 8:18 15:6, 15:16 connects 8:10 above-entitled 1:7 < B > consider 7:5 access 10:8 B-2 3:11, 13:5, consists 3:14 accessible 14:19 13:10, 13:16 < C > contains 18:14 accommodate 6:8 B-3 13:5, 13:10, C.S.R. 1:8, 18:23 continue 8:8 acre 5:9 13:10 Calabrese 3:7, 3:8 contribution 7:5 acres 3:15 back 7:15, 9:2, 9:8, call 4:2, 16:12 control 15:3 across 5:16 11:12, 11:16 candlelight 12:3 Correct 10:1, 10:17, actually 9:10 back-to-back 11:19 car 12:16, 13:6 18:13 address 4:23 barking 15:19 care 14:20 Council 1:1, 4:17, adjoins 5:17 behalf 2:14, 4:23 CCTF 3:6 7:24 Administrator 2:8 behind 8:10 center 14:21 Counsel 2:13 advantageous 14:4 belabor 5:7 certain 12:22 COUNTY 3:10, 3:16, aforesaid 18:14 believe 15:24 certainly 6:4 5:17, 18:3 agreement 3:13, berm 12:12 Certified 18:7 couple 6:20, 8:1 6:20, 13:14, 15:4, BESCO 2:6, 4:3, 4:4, CHAIRMAN 2:2, 3:2, course 9:15 16:4 16:10, 16:23, 16:24 3:19, 3:23, 4:2, 4:10, courthouse 15:1 Agricultural 3:11 bet 10:3, 11:10 4:21, 7:18, 7:23, 8:3, COW 16:2 ahead 3:3 better 9:22 15:20, 15:22, 16:8, cranking 12:19 Alderman 2:3, 2:4, bike 7:5, 8:6, 8:18, 16:12, 16:18 CROIS 2:8 2:5, 2:6, 2:7, 8:3 9:14, 9:18 Cheryl 5:2 cross 8:22 Allegiance 3:1 billiard 13:18 children 6:14 CSR 18:24 already 9:5 blade 15:17 CHRISTINE 1:8, cul-de-sac 10:20 although 13:23 bleed 12:7 18:6, 18:23 curious 8:6 ancient 9:13 board 6:15 church 11:1 cut 11:7 ANN 2:7 BOCK 2:5, 4:13, City 1:1, 1:2, 1:10, annex 3:9 4:14, 16:21, 16:22 2:8, 2:9, 2:15, 3:9, Depo court Reporting Service ( 630 ) 983-0030 Yorkville man 20 April 11 , 2006 < D > hearings 3:3 D-790406 1:24 heavily 12:10 < K > Daniel 4:16, 4:22 < F > heavy 6:9 Kendall 3:10, 3:16, day 14:20, 18:17 facto 10:7 hereunto 18:16 3:16 de 10:7 fair 7:12 high 14:15 kids 15:17 DEAN 2:4 family 14:24 highway 13:7 kind 8:5, 8:22, 13:13 designed 6:6 Farm 1:9 hiking 9:15 KRAMER 4:16, 4:19, development 7:20, feel 6:5 history 9:13 4:22, 4:22, 8:12, 8:24 feet 11:11, 11:15, hour 1:9 8:16, 9:9, 9:21, 10:2, disputes 15:19 11:18, 14:6 house 9:8, 10:17, 10:12, 10:17, 10:23, District 3:12, 6:12 find 15:13 11:10 11:3, 11:9, 11:24, disturb 6:9 Fine 4:21 houses 10:21, 11:6, 12:24, 15:8, 15:23 dog 15:19 first 18:6 11:17 doing 18:8 Fisher 14:24 dollar 9:14 follows 4:18 < L > domestic 15:19 fool 7:2 < 1 > landscape 11:22 doors 12:19 foregoing 18:11, Illinois 1:2, 1:10, large 14:17, 14:23 Down 9:1, 10:23 18:12 2:15, 3:17, 4:24, LASALLE 18:3 drive-through 13:9, fortune 9:16 18:1, 18:9 last 12:13 14:9 four 13:16 impact 6:12 leave 12:11 driveway 9:7, 10:1, frame 15:6 in. 9:2 left 11:1 10:6, 10:15 Frank 3:7, 5:2 indicated 9:18 lens 12:6 dry 14:17 frankly 15:19 instance 13:8 less 15:18 duly 18:6 front 5:12, 9:1 intense 15:2 lesser 13:4 future 6:8 intensity 14:14 level 5:7, 6:2 intensive 13:7 License 14:12, < E > interceptor 7:8, 9:17 18:24 easement 8:7, 9:5, < G > interference 15:18 light 5:21 9:7, 9:10, 9:14, 10:7 Game 1:9 issue 6:24 lighting 11:22 easily 12:5 gas 13:6 item-by-item 13:17 limitation 15:6 east 5:22, 8:23 General 3:12 line 8:14, 11:13, ecstatic 6:16 generating 6:13 11:15, 12:4 edge 11:9, 11:10 give 9:5 < J > liquor 14:11 encouraged 5:19 given 6:21, 9:12 J. 3:7, 4:16, 4:22 live 15:13 engineers 13:23 giving 8:7 JACQUELYN 2:9 LLC 3:7 enough 11:21 guess 12:13 JAMES 2:3, 2:5, load 14:5 entertain 3:5, 16:9 3:22, 4:7, 4:8, 8:1, located 3:15 entrance 5:16, 5:20 8:4, 8:5, 8:15, 9:6, location 10:10, estate 3:8, 6:13 < H > 9:20, 9:23, 10:5, 12:17, 12:23 estimates 7:10 hair 9:13 10:10, 10:15, 10:19, long 5:21 estimators 7:11 hand 18:17 10:24, 11:5, 11:20, look 15:10 evening 4:19 happy 5:23, 6:22, 12:13, 15:5, 16:15, looked 5:15 Exactly 10:12 7:15, 16:5 16:16 looking 13:20, 14:14 examples 6:1 hard 11:13 JOHN 2:8, 2:13 looks 11:14 excavators 7:11 hearing 3:4, 3:6, JOSEPH 2:6 lots 15:18 Executor 3:8 3:12, 16:9, 18:11, Jr 3:7 low 6:2, 14:13 existing 12:23 18:15 JUSTIN 2:13 lowers 13:23 experience 15:10 hearing. 17:3 Lucille 3:8 Depo Court Reporting Service ( 630 ) 983-0030 C!I`( CojuciL Yorkville °' a^ "^m`^' " ^ ' ^^ 21 April 11 , 2006 lunch 14:7 north 5:10, 5:22, 7:6, people 14:21, 15:13 18:11, 18:15 8:11, 12:10 per 9:14 put 7:7, 15:8 north/south 8:16, perhaps 9:1 puts 12:16 < M > 8:18, 9:3 permitted 13:16, putting 10:11 M. 1:8, 18:6, 18:23 notes 18:13 14:3 main 5:15, 5:20 Number 3:4, 7:13, perpetual 9:13 masonry 6:2 13:4 petitioner 3:13 < Q > matter 1:7 petitioners 3:9, 4:23, qualify 13:10 Mayor 4:19 5:3 question 7:21, mean 7:11, 8:17, < O > photometric 12:1 10:19, 12:14, 13:1 13:22, 14:14 o'clock 12:18, 15:7, pictoral 11:12 questions 6:23, meet 12:5 15:7 picture 10:22, 11:7, 7:17, 7:20, 8:2, 16:4 MEETING 1:1, 1:6, oath 18:7 11:18 quiet 7:17 7:16 office 5:13, 13:21, place 14:8 melded 13:13 . 14:6, 14:21, 15:11 Plan 6:16, 6:18, members 7:23 Okay 3:23, 7:18, 8:3, 10:9, 10:11, 13:2, < R > MILSCHEWSKI 2:9, 9:20, 10:5, 15:22, 16:6 RANDAZZO 5:3, 4:3, 4:5, 4:7, 4:9, 15:23 plane 9:3 10:14 4:11, 4:13, 16:13, old 8:14 plat 11:14 rather 11:13 16:15, 16:17, 16:19, once 10:18 please 4:2 real 3:14, 6:13, 14:4, 16:21, 16:23 One 3:4, 6:24, 8:6, Pledge 3:1 14:13 minor 6:20 14:17 plug 7:1 realize 11:12 motion 3:5, 16:9 ones 6:22, 14:18, plus 12:11 really 8:13, 9:10, Move 3:2, 3:4, 3:20 15:11 pointed 5:11 9:24, 12:10, 13:20 moved 3:22, 16:10 Open 7:18, 15:7 positive 6:12, 6:17 rear 12:8 MS 2:2, 2:7, 2:9, opening 12:19 possibility 14:1 received 6:17 3:18, 3:21, 4:1, 4:3, operation 14:24 preliminary 11:14 recessed 12:6 4:5, 4:7, 4:9, 4:11, order 6:7 presentations 5:11 recommendation 4:12, 4:13, 10:14, ordinance 12:1 presume 9:17 6:17 16:13, 16:15, 16:17, originally 6:20 pretty 10:2, 11:10, red 9:8 16:19, 16:20, 16:21, otherwise 16:6 15:14 regarding 3:6 16:23 own 9:10 prevent 12:15, 12:21 regional 7:5 owns 10:4 probably 8:21, 10:2, remember 5:5 11:18, 14:11 REPORT 1:6 < N > problems 7:15 reported 18:10 natural 12:11 < P > PROCEEDINGS 1:6, Reporter 18:8 nature 13:19 P.M. 1:9 17:2, 18:11, 18:15 represent 5:1 near 14:23 pages 13:16 process 5:6 representative 6:15 neighborhood-type parcel 5:9 professional 13:22 request 3:9 14:2 parking 11:11, 11:14, property 3:14, 5:23, requested 15:24 neighbors 6:10, 15:17 8:10, 10:8, 11:15, residential 5:14, 6:5, 15:14 parlors 13:18 12:4, 12:9, 13:24, 8:19, 15:11 new 7:7 part 10:9 15:2 residents 11:23, next 7:16, 15:12, particular 6:6 provided 14:7 12:15, 12:20 15:13 passed 6:1 provides 12:2 Response 7:22, night 12:18, 15:17 path 7:5, 8:6, 8:10, proximity 14:10 15:21 No. 7:23, 15:8, 18:24 8:18, 10:11 public 3:3, 3:4, 3:6, restaurant 14:2 none 13:9 Paul 2:3, 8:12 7:19, 16:9, 17:3, restaurants 13:9 Depo Court Reporting Service ( 630 ) 983-0030 CITY (200t-ICIL Yorkville -Plan. m,= 22 April 11 , 2006 restrictions 12:14 special 13:11 type 5:24, 6:2, 12:6 year 9:14 revenue 6:13 ss 18:2 types 12:22, 15:15 Yorkville 1 :2, 1:10, revised 6:22 Staff 6:21, 7:4, 7:13, 2:15, 3:10, 3:11, rezone 3:10 9:18, 13:2 4:17, 4:24, 5:18 rid 5:21 start 12:19 < U > right-of-way 6:8, State 18:1, 18:8 underline 7:2 7:7, 8:13, 9:1, 9:19 station 13:6 United 1:2, 2:14, 3:9, < Z > Road 1:9, 8:9 stereo 12:20 3:11 zoning 13:5, 15:9 Roll 4:2, 16:12 story 6:3, 6:4 unlimited 7:12 roller 15:17 straight 15:9 upscale 5:13 ROSE 2:7 Street 4:24, 5:17 uses 13:7, 13:16 < Dates > Route 3:16, 6:7 subdivision 5:16, april 11, 2006 1:8, run 8:17 5:17, 5:18 1:8, 1:8 submit 6:19 < V > Successor 3:7 VALERIE 2:2 < S > supposed 12:2 values 13:24 SAKELARIS 5:2, surveyors 13:24 various 7:10 10:6, 10:13 sworn 18:7 vegetated 12:10 saying 15:6 VITOSH 1:8, 18:6, says 18:7 18:23 scaled 11:13 < T > volume 14:15, 14:19 school 6:12, 6:15, talked 11:24 vote 7:16 14:11 taller 6:4 Second 3:18, 3:24, tattoo 13:18 4:1, 10:19, 16:11 taxes 6:13 <W > sense 15:9 ten 15:7 wash 12:16, 13:6 serves 10:7 terms 6:13, 8:12, week 16:3 service 14:21 12:1, 15:4 whatsoever 5:14 set 11:11, 11:16, testified 4:17 WHEREOF 18:16 11:22, 18:16 though 10:4 WHEREUPON 4:15 setback 6:7 three 13:15 Whole 5:7, 5:12, 6:2, seve 15:16 tonight 3:3, 5:4, 7:21 13:3 shift 15:17 took 13:15, 13:18 wide 8:14 shining 11:23 top 11:1 will 6:4, 8:8, 8:18, Shorthand 18:8, tortured 5:21 9:4, 10:18, 10:21, 18:10, 18:13 town 15:10 12:5, 16:5 side 5:10, 8:9, 12:10 Township 3:16 wish 7:21 six 15:16 trail 9:15, 9:18 within 9:21 small 14:2, 14:7, transcript 18:13 WITNESS 18:16 14:20 tried 13:17, 15:3 WOLFER 2:4, 4:5, Somebody 3:19, trolley 8:14 4:6, 16:11, 16:13, 12:16, 12:18 true 18:12 16:14 sorry 3:21 try 7:12 work 5:20, 7:13, South 4:24, 7:6, 8:11 trying 7:2, 7:10 8:21 space 14:6 twice 5:6 WYETH 2:13 SPEARS 2:7, 3:18, two 3:3, 5:11, 6:3, 3:21, 4:1, 4:11, 4:12, 6:4, 10:21, 11:6 16:19, 16:20 two-tenths 12:3 < Y> Depo Court Reporting Service ( 630 ) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNTTED CITY OF YORKVILLE KENDALL COUNTY ILLIN HELD IN THE M RO .CHAMBERS, DRAFT 800 GAME FARM RM ROAD ON TUESDAY.JUNE 13,2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLLCALL Clerk Milschewski called the roll. WardI James Present Leslie Present Ward B Burd Present Wolfer Present Ward III Bock Present Moons Absent Ward TV 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 Public Works Dhuse,Director of Park&Recreation Mogel,Community Development Director Miller, Finance Director Mika and Public Relations Manager Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that the swearing in of the police officers be moved up from the Mayor's Report to the Presentation section of the agenda. 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 p.m.,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 Girl Scout Silver Award Mayor Prochaska reported that over the last several years,several area Boys Scouts have come before the City Council who have attained the rank of Eagle Scout. Mayor Prochaska introduced Kelsey Sedgewick,Elisabeth Scheffrahn and Tiffany Nawa to the City Council and reported that these three young women have gone through the levels of the Girl Scouts and attained one of the highest ranks,the Girls Scout Silver Award. He presented each of the girls with a Certificate of Recognition for their accomplishment. Minutes of the Reeular Meetinu of the City Council—June 13,2006—oaee 2 Swearing-in Full-time Police Officers Mayor Prochaska,Chief Martin and Police Commissioner Johnson swore in Timothy J.Kolowski and Ryan S.Goldsmith as Full-time Police Officers. Mayor Prochaska welcomed them to the United City of Yorkville. PUBLIC HEARINGS Meadowbrook Public Hearing Mayor Prochaska reported that there would not be a public hearing for Meadowbrook as was incorrectly noticed in the newspaper;this hearing was already held on May 30,2006. Kleinwatcher Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Herb and Pam Kleinwatcher and Old Second Bank Trust 8051,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-I Agricultural to United City of Yorkville B-3 Service Business District and R-2 One-Family Residence District and for hearing as to the Annexation Agreement of the petitioner. The real property consists of approximately 9.81 acres located on Route 47 south of legion Road and north of Ament Road,Kendall Township,Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bard; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye MPI#6 South Yorkville,LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing MPI#6 South Yorkville,LLC,petitioner,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District,R-2 Duplex Two-Family Residence District,R-3 General Residence District,R-4 General Residence District and B-2 General Business District. The real property consists of approximately 916.44 acres east of Immanuel Road,north and south of Ament Road,west of Route 47 and north and south of Walker Road, Kendall Township,Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye;Besco-aye,Leslic-aye CITIZEN COMMENTS None. CONSENT AGENDA I. Police Reports for April 2006(PS 2006-20) 2. Purchase of New Squads—approve as presented(PS 2006-24) 3. Building Permit Report for April 2006(EDC 2006-13) 4. Resolution 2006-42—Approving the Final Plat of Subdivision for Autumn Creek Unit 2 -authorize the Mayor and City Clerk to execute (PC 2006-13) 5. Resolution 2006-43—Approving the Revised Preliminary Plan for Bailey Meadows- authorize the Mayor and City Clerk to execute (PC 2005-60) The Minutes of the Regular Meetine of the City Council—June 13,2006—page 3 6. Resolution 2006-44—Approving the Preliminary Plan for the Chally Farm -authorize the Mayor and City Clerk to execute (PC 2005-33) 7. Resolution 2006-45—Approving the Final Plat of Subdivision for Grande Reserve Unit 18 -authorize the Mayor and City Clerk to execute (PC 2006-17) 8. Resolution 2006-46—Approving the Final Plat of Subdivision for Grande Reserve Unit 19 -authorize the Mayor and City Clerk to execute (PC 2006-18) 9. Resolution 2006-47—Approving the Final Plat of Subdivision for Grande Reserve Unit 20 -authorize the Mayor and City Clerk to execute (PC 2006-19) 10. Passenger Van Purchase through State Purchase Program—approve as presented(PKBD 2006-04) 11. Prairie Meadows Park—Oslad Grant—approve as presented and authorize the Mayor and City Clerk to execute OSLAD?LWCFproject application as presented(PKBD 2006- 05) 12. Nicor Gas Contract for Grande Reserve—Kennedy Road Improvements—approve payment to Nicor in an amount not to exceed$226,165.38 and authorize Mayor to execute(PW2006-114) - 13. Ordinance 2006-45—Amending City Code Title 6—Traffic,Chapter 2—Parking Regulations Regarding Parking of Non-motorized Vehicles-authorize the Mayor and City Clerk to execute(PS 2006-21) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye ***Alderman Leslie left the Council Chamber and was absent for the roll call vote. PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of April 25,2006 and the Committee of the Whole meeting of April 18,2006;seconded by Alderman Wolfer. Motion approved by a viva voce vote. 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 2,2006 totaling the following amounts:checks in the amount of $927,442.50(vendors—FY 05/06);$775,685.96(vendors—FY 06/07);181,343.70(payroll period ending 5/27/06);.for a total of$1,884,472.16; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye REPORTS MAYOR'S REPORT Appointment of Budget Officer Mayor Prochaska entertained a motion to accept the appointment of Susan Mika as Budget Officer to the United City of Yorkville.So moved by Alderman Wolfer;seconded by Alderman Bock. Mayor Prochaska and Alderman Burd welcomed Ms.Mika to the United City of Yorkville and Alderman Burd stated that she felt she would be a wonderful asset to the City. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye The Minutes of the Regular Meeting of the City Council—June 13.2006—Page 4 Ordinance 2006-46 Approving Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan Downtown Yorkville Tax Increment Financing Redevelopment Project Area Mayor Prochaska noted that there was a series of ordinances pertaining to this project. He pointed out that the City Council received a copy of page 16 from the original redevelopment plan which has verbiage stating that`land assemblage by the City may not be by eminent domain, except for cases of life safety conditions or issues". He stated that the information that the City Council received was copied from an older version of the plan which did not have this language. Mayor Prochaska entertained a motion to approve an ordinance approving the Downtown Yorkville Tax Increment Financing Redevelopment Project Area,as presented,subject to legal review. So moved by Alderman Besco;seconded by Alderman Bock. Mayor Prochaska commented that this is a good first step towards redeveloping the downtown and for bringing life and prosperity back into the area that is the heart and soul of the City. Motion approved by a roll call vote. Ayes-6 Nays-0 Abstains-1 Leslie-aye,Wolfer-aye,James-aye,Burd-abstain,Spears-aye,Bock-aye,Besco-aye Ordinance 2006-47 Designating Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan Downtown Yorkville Tax Increment Financing Redevelopment Project Area Pursuant to the Tax increment Allocation Redevelopment Act Mayor Prochaska entertained a motion to approve an ordinance designating the Downtown Yorkville Tax Increment Financing Redevelopment Project Area,pursuant to the Tax Increment Allocation Redevelopment Act,as presented,subject to legal review. So moved by Alderman Besoo;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-0 Abstains-1 Wolfer-aye,James-aye,Burd-abstain,Spears-aye,Bock-aye,Besco-aye,Leslie-aye Ordinance 2006-48 Adopting Tax Increment Financing for the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan Mayor Prochaska entertained a motion to approve an ordinance adopting Tax Increment Financing for the Downtown Yorkville Tax Increment Financing Redevelopment Project Plan and Area,as presented,subject to legal review. So moved by Alderman Besco;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-6 Nays-0 Abstains-I James-aye,Bud-abstain,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMBVISTATOR'S REPORT Administrator Crois reported that,as Attorney John Phillipchuck alluded to in the public hearing, there are ongoing meetings regarding a regional solution for infrastructure for south of the United City of Yorkville. He assured the City Council that the SSA being discussed is a"pay down" version not a traditional SSA. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. The Minutes of the Regular Meeting of the City Council—June 13,2006—paee 5 CHIEF OF POLICE'S REPORT Camp 911 Chief Martin reported that the first"Camp 911"was held earlier in the day and thirteen fourth and fifth graders attended. Representatives from the Police Department,Bristol-Kendall Fire Department and EMS teams were present to instruct the children on safety issues. Chief Martin stated that it was a success and he anticipated greater attendance next year. He thanked Alderman Wolfer for bringing the idea to the City. Alderman Wolfer thanked the Parks and Police Departments for their efforts in getting this camp underway. He stated that representatives from Yorkville came out to Morris to see how a camp is run and then adapted it to Yorkville. City Clerk Milschewski commented that her son,Thomas,attended and enjoyed the camp very much. Special Olympics Torch Run Chief Martin reported that there would be a Special Olympics Torch Run tomorrow morning, June 14,2006. DIRECTOR OF PARKS&RECREATION'S REPORT Sweetness Run Director Mogle reported that the first annual Sweetness Run in Yorkville would be held this Saturday,June 17,2006. The event benefiting the Walter Payton Foundation,will begin at the Yorkville High School parking lot at 8:00 a.m. Registration begins at 5:30 a.m. There will be both an 8K and SK event.Director Mogle indicated that the volunteer meeting for the run was well attended. Mayor Prochaska thanked Director Mogle and the Parks&Recreation staff for working with the volunteers and all the entities involved in bringing this event in Yorkville. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. PUBLIC RELATIONS MANAGER'S REPORT Newsletter Mrs.Spies encouraged members of the City Council to submit articles to the City's newsletter. Pizza Donation to Sweetness Run She also reported that Taylor Street Pizza would be donating funds from pizza sales Thursday, June 15,2006 from 6:00 p.m.to 8:00 p.m.to the Sweetness Run. She encouraged everyone to come out and buy pizza that night. City Website Mrs.Spies reported that the City's website is coming along and should be up by the end of July. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-49 Hudson Lakes Authorizing the Execution of the Annexation Agreement (PC 2005-53) A motion was made by Alderman Bud to approve an ordinance authorizing the execution of an Annexation Agreement with Kendall Creek Development,LLC regarding area commonly referred to as Hudson Lakes Subdivision,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Bock. Motion approved by atoll call vote. Ayes-7 Nays-0 Bud-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye Ordinance 2006-50 Hudson Lakes-Annexing (PC 2005-53) A motion was made by Alderman Burd to approve an ordinance annexing area commonly refetred to as Hudson Lakes Subdivision in furtherance of an Annexation Agreement with Kendall Creek Development,LLC,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Burd-aye The Minutes of the Regular Meetine of the City Council—June 13.2006—page 6 Ordinance 2006-51 Hudson Lakes-Rezoning (PC 2005-53) A motion was made by Alderman Bud to approve an ordinance rezoning certain property commonly referred to as Hudson Lakes Subdivision in furtherance of an Annexation Agreement with Kendall Creek Development,LLC,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Bud-aye,Spears-aye Ordinance 2006-52 New Life Church Authorizing the Execution of the Annexation Agreement (PC 2006-25) A motion was made by Alderman Bard to approve an ordinance authorizing the execution of an Annexation Agreement with New Life Church of Yorkville,Developer,and the record owners of land commonly referred to as the New Life Church Property,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman James. Mayor Prochaska noted that the City Council received an updated agreement at theta desk. He stated additional information recognizing the recapture of the watermain was added. The new language has been reviewed by the attorneys. Attorney Wyeth added that information about residential fees was also added. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye Ordinance 2006-53 New Life Church-Annexing (PC 2006-25) A motion was made by Alderman Burd to approve an ordinance annexing area commonly referred to at the New Life Church Property in furtherance of an Annexation Agreement with the New Life Church of Yorkville,Developer,and the record owners of land,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Ordinance 2006-54 New Life Church-Rezoning (PC 2006-25) A motion was made by Alderman Brad to approve an ordinance rezoning certain property commonly referred to at the New Life Church Property in furtherance of an Annexation Agreement with the New Life Church of Yorkville,Developer,and the record owners of land,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Bosco-aye,Leslie-aye PUBLIC SAFETY COMMITTEE REPORT No report ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Mayor Prochaska reminded everyone that the Citizens Police Academy Alumni would be holding their annual pork chop dinner at Town Square Park on June 23,2006. The event will be in conjunction with"Music Under the Stars". EXECUTIVE SESSION Mayor Prochaska entertained a motion to into Executive Session for the purpose of. o Litigation,when an action against,affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent. The Minutes of the Regular Meeting of the City Council—June 13,2006—page 7 He asked that City Clerk Milschewski,Administrator Crois and City Attorney Wyeth be included in the session. He indicated that no action would be taken after the session. So moved by Alderman Besco;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,James-aye,Munns-aye The City Council entered into Executive Session at 8:14 p.m. The City Council returned to Regular Session at 8:50 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie;seconded by Alderman Burd. Motion approved by a viva voce vote. Meeting adjourned at 8:50 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois ***Note: Tape one of two malfunctioned during the first public hearing. CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on June 13 , 2006, at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-796006 I3El'O ® �:C3IIRT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983.0030 • Fax 630.983-6013 www.depocourt.com 2 1 P R E S E N T : 2 MR. ARTHUR F . PROCHASKA, Mayor ; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderman; 6 MR . DEAN WOLFER, Alderman; 7 MR . JAMES BOCK, Alderman; 8 MR. JOSEPH BESCO, Alderman; 9 MS . ROSE ANN SPEARS , Alderman; 10 MR . JOHN CROIS; 11 MR. WILLIAM POWELL; 12 MR . TRAVIS MILLER; 13 MS . JACQUELYN MILSCHEWSKI , City Clerk . 14 15 A P P E A R A N C E S : 16 MR. JOHN JUSTIN WYETH, Counsel , 17 appeared on behalf of the United City of Yorkville, Illinois . 18 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 (Pledge of Allegiance ) 2 MAYOR PROCHASKA: We have two public 3 hearings . Now, I understand there was a notice 4 of another public hearing, and while it was in 5 the paper, there is nothing on the agenda to talk 6 about the Meadowbrook development at all . There 7 is no hearing to be had on that development this 8 evening . 9 With that I would entertain a 10 motion to go into public hearing for the purpose 11 of discussing the Herb and Pam Kleinwachter and 12 Old Second National Bank Trust 8051 , petitioners , 13 request to annex to the United City of Yorkville 14 and rezone from Kendall County A-1 Agricultural 15 to United City of Yorkville, B-3 Service Business 16 District and R-2 One-Family Residence District, 17 and for hearing as to the annexation agreement of 18 petitioner. 19 The real property consists of 20 approximately 9 . 81 acres located on Route 47 21 south of Legion Road and north of Ament Road, 22 Kendall Township, Kendall County, Illinois . 23 MR. BESCO: So moved. 24 MS . BURR: Second. Depo Court Reporting Service ( 630 ) 983-0030 4 1 MAYOR PROCHASKA: Moved and 2 seconded . May I have roll call, please? 3 MS . MILSCHEWSKI : Besco . 4 MR. BESCO : Aye . 5 MS . MILSCHEWSKI : Leslie . 6 MR. LESLIE : Aye . 7 MS . MILSCHEWSKI : Wolfer . 8 MR. WOLFER : Aye . 9 MS . MILSCHEWSKI : James . 10 MR. JAMES : Aye . 11 MS . MILSCHEWSKI : Burd . 12 MS . BURD: Aye . 13 MS . MILSCHEWSKI : Spears . 14 MS . SPEARS : Aye . 15 MS . MILSCHEWSKI : Bock . 16 MR. BOCK: Aye . 17 MAYOR PROCHASKA: Motion is carried . 18 We are now in public hearing . Is there someone 19 here representing the petitioner? 20 WHEREUPON : 21 KELLY KRAMER, 22 testified before the Yorkville City Council as 23 follows : 24 MS . KRAMER: Hi . My name is Kelly Depo Court Reporting Service ( 630 ) 983-0030 5 1 Kramer . I am an attorney licensed to practice 2 law in the State of Illinois and I am here 3 tonight representing Herb and Pam Kleinwachter . 4 As the mayor indicated, they 5 are seeking to annex approximately 9 . 8 acres off 6 of Route -- on the west side of Route 47 south of 7 Legion Road, and they are looking to do -- we are 8 here tonight for the public hearing on the 9 annexation agreement and looking to develop this 10 site as kind of a flex mixed use zoning at this 11 point in time, and that is reflected in the 12 annexation agreement . 13 At this juncture, the 14 petitioners have plans to construct a day care 15 center on the north side of the property and 16 another commercial building on the south side of 17 the street running through . 18 They are also requesting to 19 annex and zone the back half of the portion to 20 R-2 single-family residential in the event that 21 if it ' s not developed in commercial in a certain 22 period of time, so we ' re here tonight to answer 23 any questions you may have regarding the day care 24 issue and also regarding the annexation agreement Depo Court Reporting Service ( 630 ) 983-0030 6 1 before you tonight . 2 MAYOR PROCHASKA: Is there anyone in 3 the audience that would like to ask a question or 4 make a comment to the City Council regarding this 5 public hearing? 6 (No response) 7 MAYOR PROCHASKA: Hearing none, is 8 there anyone on the Council that has any 9 questions on this? 10 (No response) 11 MAYOR PROCHASKA: Just one question 12 because you said something that maybe I wasn ' t 13 aware of . 14 Are we looking at initially 15 zoning the entire thing B-3 with an R-2 overlay? 16 MS . KRAMER: Correct . So I 17 apologize . 18 MAYOR PROCHASKA: As opposed to 19 having two zoning -- 20 MS . KRAMER: Two zoning 21 classifications right now . It would be B-3 22 Service Business District . 23 MAYOR PROCHASKA: And we are all 24 understanding that is what it is . Depo Court Reporting Service ( 630 ) 983-0030 7 1 MR. LESLIE : This is flex? 2 MAYOR PROCHASKA: Right . 3 MR. LESLIE : What are the limits? 4 MS . KRAMER:. The back portion of it , 5 they would have to come back and conform with the 6 drawing here before you tonight, 12 , 000 square 7 foot lots , and the back one I think is designated 8 as lot number eight is over one acre , and the 9 rationale behind that being over one acre is 10 there is an existing residence on the property 11 right now . 12 MR. LESLIE : Wouldn ' t they 13 re-petition for R-2 if they wanted it? We ' ve 14 only heard this , either the first or the second 15 time . 16 MAYOR PROCHASKA: Actually it ' s been 17 done on several occasions in the city . It was 18 done up in Yorkville Business Park, it ' s been 19 done in a couple places where at this point the 20 determination of how that area is developed has 21 not been set , and while we do show a line of 22 business along there in our Comprehensive Plan, 23 how far back it goes we don ' t know, and being 24 there is an existing residence -- the only Depo Court Reporting Service ( 630 ) 983-0030 8 1 question I have also to you, Miss Attorney, or 2 Mr . Attorney, is as they maintain the existing 3 residence, the B-3 zoning, is that required to 4 be -- 5 MR. WYETH: There has to be some 6 time lines . I can ' t remember what we were 7 looking at . 8 MS . KRAMER: I believe seven years . 9 MR. WYETH: And that ' s the trigger 10 for the back-up zoning, so it starts to be free , 11 we have to deal with the residential, which will 12 grandfather into a use and it will be the trigger 13 for a residential . 14 The idea being if it doesn ' t 15 work commercially, there is a point in time where 16 it can go commercial . 17 MS . KRAMER: And it also somewhat 18 depends on how the area west of this particular 19 property and south side develops . 20 You want to be a good neighbor 21 to the development coming from the southern 22 boundary of Yorkville, so if it ends up, you 23 know, there is large estate subdivisions 24 buffering it, they may want a residential Depo Court Reporting Service ( 630 ) 983-0030 9 1 neighbor as opposed to a B-3 Service Business 2 District neighbor . 3 MR. BESCO: If we change this from 4 A-1 to B-3 , then can that residence still be 5 used? 6 MAYOR PROCHASKA: That ' s what the 7 attorney said, was what right now would happen as 8 part of the annexation agreement would then be as 9 the existing residence, and it could be a 10 residence as long as it was maintained as 11 residence . 12 We actually have areas in the 13 city of Yorkville that many, many years ago were 14 zoned business zoning that are still residences . 15 MR . JAMES : Part of this is 16 agricultural, comes in as business or 17 residential . It doesn ' t change from farmland 18 until it ' s not farmed. 19 MAYOR PROCHASKA: That is not 20 something that has not already occurred . 21 MS . KURD : I am wondering, is this 22 one of those -- are they thinking that in the 23 future when they do go residential that they will 24 be selling off these lots to individual home Depo Court Reporting Service ( 630 ) 983-0030 10 1 builders or will they do it themselves ? 2 MS . KRAMER : I don ' t know -- they 3 haven ' t determined that . Currently 4 Mrs . Kleinwachter does operate a day care center 5 and so I don ' t know if they would most likely 6 sell either the whole block to a builder or they 7 could have the option of selling individual lots , 8 but I highly doubt they are going to build 9 themselves . You can correct me if I am wrong . 10 MR. KLEINWACHTER: We have no plans 11 of using the back at all . You know, ten years 12 down the road I don ' t know what we are going to 13 do with the property . 14 MS . BURD: Because I would like to 15 throw out an idea to the Council . I have been 16 talking to some of the local contractors, 17 business people, you know, people who do drywall , 18 people who do trades , that kind of thing, and 19 apparently a lot of the new developers who are 20 coming in are not using local people, and I was 21 wondering if we would consider writing some of 22 this into our annexation agreements that maybe 23 they will use ten percent local business people 24 or something like that, just tossing it out as a Depo Court Reporting Service ( 630 ) 983-0030 11 1 thought because it seems sad that we have all 2 this development coming in and our local business 3 people really aren ' t reaping a major benefit , 4 so -- 5 MR. BESCO : I ' ve actually heard that 6 from quite a few contractors locally . 7 MAYOR PROCHASKA: I think it depends 8 who it is because I do know some have been used . 9 MR. BESCO : Right . 10 MS . BURD : I don ' t know, just -- 11 MS . SPEARS : It ' s a good idea . 12 MS . BURD: Especially when they want 13 an SSA, I think that would be a thought, just for 14 discussion. 15 MAYOR PROCHASKA: How many lots are 16 we looking at? 17 MS . KRAMER: You would have seven 18 lots total counting the existing structure . Six 19 buildable new lots . 20 MR. WOLFER: I have a question for 21 Travis if I could. Since this is a B-2 , what 22 other businesses could they put in should they 23 decide to change and not put in a day care? 24 MR. MILLER: It ' s cumulative . It Depo Court Reporting Service ( 630 ) 98'3-0030 12 1 builds . Each business zone builds on another . 2 B-2 and a B-1 business district . 3 MR. WOLFER: Could you give me an 4 example? 5 MR. MILLER: Well , B-3 allows for 6 retail , big box retail, such as Wal-Mart . They 7 don ' t have the space for it here , but that type 8 of intensity in terms of commercial use . 9 More realistic here I think is 10 what they are showing in this development plan 11 that is attached to the annexation agreement , and 12 they are asking for a special use for a day care , 13 so one of the commercial outlots would be a day 14 care and then the other I believe is an 15 office-type use, but at this point the annexation 16 agreement doesn ' t limit the uses below B-3 . 17 MS . KRAMER: It actually explicitly 18 authorizes all the B-3 . Due to the site 19 constraints and the acreage we are dealing with, 20 you are probably going to see a low intense , like 21 Travis said, office, maybe a service-type 22 building . 23 MR. WOLFER: There is no guarantee? 24 MS . KRAMER: Pardon me? Depo Court Reporting Service (630 ) 983-0030 13 1 MR. WOLFER: With the general B-3 , 2 there would be no guarantee? 3 MS . KRAMER: Well , strictly what ' s 4 in your ordinance . You know, if there was a gas 5 station, you ' d have to come in and ask for a 6 special use, so . . . 7 MAYOR PROCHASKA: So again, that ' s 8 for the entire 9 . 8 acres -- 9 MS . KRAMER: Correct . 10 MAYOR PROCHASKA: -- so that could 11 be reassembled in any -- 12 MS . KRAMER: Any fashion . 13 MAYOR PROCHASKA: -- format to -- 14 MS . KRAMER :- Right . 15 MAYOR PROCHASKA: -- allow for that 16 property. I think there is some things that we 17 can give some thought to . I think we will go 18 forward with the annexation agreement . I ' m sure 19 the attorneys can talk. 20 Anyone else? 21 (No response) 22 MAYOR PROCHASKA: Hearing no further 23 discussion, I would entertain a motion to close 24 this public hearing . Depo Court Reporting Service ( 630 ) 983-0030 14 1 MS . BURD : So moved . 2 MR . BESCO : Second. 3 MAYOR PROCHASKA: Moved and 4 seconded. May I have roll call, please? 5 MS . MILSCHEWSKI : Leslie . 6 MR. LESLIE : Aye . 7 MS . MILSCHEWSKI : Wolfer . g MR. WOLFER: Aye . g MS . MILSCHEWSKI : James . 10 MR. JAMES : Aye . 11 MS . MILSCHEWSKI : Burd . 12 MS . BURD: Aye . 13 MS . MILSCHEWSKI : Spears . 14 MS . SPEARS : Aye . 15 MS . MILSCHEWSKI : Bock. 16 MR. BOCK: Aye . 17 MS . MILSCHEWSKI : Besco . 18 MR. BESCO: Aye . 19 MAYOR PROCHASKA: Motion is carried. 20 MS . KRAMER: Thank you . 21 MAYOR PROCHASKA: Now I would 22 entertain a motion to go into public hearing for 23 the purpose of discussing the MPI Number 6 South 24 Yorkville, LLC, petitioner, request to annex to Depo Court Reporting Service ( 630) 983-0030 15 1 the United City of Yorkville and rezone from 2 Kendall County A-1 Agricultural to United City of 3 Yorkville Planned Unit Development containing R-2 4 One-Family Residence District, R-2 Duplex 5 Two-Family Residence District, R-3 General 6 Residence District, R-4 General Residence 7 District , and B-2 General Business District . g The real property consists of 9 approximately 916 . 44 acres east of Immanuel Road, 10 north and south of Ament Road, west of Route 47 , 11 and north and south of Walker Road, Kendall 12 Township, Kendall County, Illinois . 13 MR. BOCK: So moved. 14 MR. BESCO: Second . 15 MAYOR PROCHASKA: Moved and 16 seconded. May I have roll call, please? 17 MS . MILSCHEWSKI : Leslie . 18 MR. LESLIE : Aye . 19 MS . MILSCHEWSKI : Wolfer . 20 MR. WOLFER: Aye . 21 MS . MILSCHEWSKI : James . 22 MR . JAMES : Aye . 23 MS . MILSCHEWSKi : Burd . 24 MS . BURD: Aye . Depo Court Reporting Service ( 630) 983-0030 16 1 MS . MILSCHEWSKI : Spears . 2 MS . SPEARS : Aye . 3 MS . MILSCHEWSKI : Bock. 4 MR. BOCK: Aye . 5 MS . MILSCHEWSKI : Besco . 6 MR. BESCO : Aye . 7 MAYOR PROCHASKA: Motion is carried . 8 We are now in public hearing. 9 WHEREUPON : 10 JOHN PHILIPCHUCK, 11 testified before the Yorkville City Council as 12 follows : 13 MR. PHILIPCHUCK: Good evening. My 14 name is John Philipchuck. I am a partner in the 15 law firm of Dommermuth, Brestal, Cobine & West 16 with offices at 123 Water Street in Naperville, 17 Illinois , here this evening representing the 18 petitioners , MPI . 19 The Council has seen the 20 development application for some time now as you 21 know, and the hearing this evening is on the 22 annexation agreement . 23 We have met with the Staff, we 24 do have some comments , but we still have some Depo Court Reporting Service ( 630 ) 983-0030 17 1 things that we need to work out, but because it ' s 2 been a while since we have been in front of you 3 and we may have some residents here who are not 4 familiar, we ' d like to introduce John Martin, our 5 land planner from JEN Land Design to do just a 6 very brief overview of some of the provisions 7 that we are suggesting that be entered into the 8 annexation agreement as part of our plan that ' s 9 before you here this evening, and I think I have 10 one correction on the agenda . 11 I think we are requesting B-3 12 zoning rather than B-2 for the commercial 13 components . So, John? 14 WHEREUPON : 15 JOHN MARTIN, 16 testified before the Yorkville City Council as 17 follows : 18 MR. MARTIN : Mr . Mayor, is it okay 19 if I address the board? Is it going to mean -- 20 if you would like, I ' ll stay here . 21 MAYOR PROCHASKA: It ' s fine if you 22 can take the mic with you. 23 MR. MARTIN : Let me get started 24 while Wendy looks for the laser pointer here . Depo Court Reporting Service ( 630 ) 983-0030 18 1 Again, it is a 916-acre parcel , all the way from 2 just north of Ament down to Caton Farm Road at 3 the southern end of the development, and then we 4 have Walker Road running through the south half, 5 this is Route 47 , Immanuel Road on the west, and 6 then Ament Road on the north, with a small parcel 7 north of Ament Road. 8 A 916-acre development, this in 9 your Comprehensive Plan is broken into two areas , 10 Mid-Aux Sable Creek running through the 11 development in this area separates the northern 12 section, the northern area, which falls in your 13 suburban category, suburban area, in the 14 Comprehensive Plan . South of the creek falls in 15 the transitional area in your comprehensive plan . 16 This plan pretty much follows 17 the guideline, and actually we are coming in with 18 less than the density allowed in the 19 Comprehensive Plan . 20 The northern areas comprised 21 of -- the darker yellow shows the 12 , 000 square 22 foot lot area, the intermediate yellow here is an 23 11 , 000 square foot . These are basically 85 foot 24 wide lots , 80 and 75 in the 11 , and then the Depo Court Reporting Service ( 630 ) 983-0030 19 1 lighter shade of yellow, represents 10 , 000 square 2 foot lot minimums with 70 and 75 foot wide lots . 3 The open space shown in the 4 green, the dark green area along 47 , there ' s been 5 an extensive amount of work with the school 6 district and the park district on developing what 7 we now have as a 67 and a half acre potential 8 high school site with the ability on the property 9 to the west to expand that site into 10 approximately a 70-acre site, which is what the 11 high school is looking for out in this area on 12 the south end of town . 13 In addition to that , we have 14 numerous park sites , a trail system, throughout 15 the project, both in the suburban and the 16 transitional area, there is the Mid-Aux Sable 17 Creek trail , which we are showing also on the 18 portion, our plan, that that trail follows . 19 Also per the Comprehensive Plan 20 we are showing a small neighborhood commercial at 21 the extension of Wheeler Road, which is shown in 22 your Comprehensive Plan, from 47 to Immanuel, 23 13-acre commercial here, 23 acres of commercial 24 again shown in your Comprehensive Plan, and the Depo Court Reporting Service ( 630 ) 983-0030 20 1 large 45-acre commercial at Caton Farm and 2 Route 47 for a total of 81 acres of commercial . 3 The overall density of the 4 development is at 2 . 1 units per acre overall . If 5 you look at the combination of the transition and 6 suburban area in your Comprehensive Plan, it 7 would allow up to two and a half units per acre , 8 if you average out the transition and the 9 suburban area . 10 So we are less -- We are asking 11 for less density than what would be allowed in 12 your Comprehensive Plan . 13 Providing a five-acre fire 14 station site at the extension of Wheeler Road and 15 Immanuel . The open space system is over 300 -- 16 almost 328 acres of permanent open space . 17 That doesn ' t include all of the 18 open spaces that ' s going to be associated with 19 some of the attached product, which is in the 20 transitional area south of Walker . That 21 represents about 36 acres of this site in the 22 various shades of green, park sites , three acre 23 here, ten acre here, 13-acre expandable park 24 site . Depo Court Reporting Service ( 630) 983-0030 21 1 We have worked with, as you 2 know, the Park District with these plans in 3 developing these park sites so they are 4 expandable . Another five-acre park site down 5 here that ' s expandable to the west . 6 So, again, we ' ve gone through 7 and worked with the Park District . I think we 8 now have provided the school site that the school 9 is looking for and, again, our overall density is 10 2 . 1 versus the Comprehensive Plan at two and a 11 half units per acre, which would be allowed under 12 your Comprehensive Plan . 13 I think with that , that ' s a 14 brief overview, and obviously we can talk about 15 more of the specifics in terms of the various 16 neighborhoods that have been developed on this 17 plan . 18 MR. PHILIPCHUCK: I would next like 19 to introduce Mr . Bill Shiner . Bill is our 20 commercial development advisor . He wants to 21 touch about the types of user that we are 22 anticipating for the commercial components of the 23 plan . 24 As you know, the Council is Depo Court Reporting Service ( 630 ) 983-0030 22 1 very concerned about trying to get the corporate 2 limits extended to the intersection of Caton Farm 3 Road and Route 47 , and as a result of some 4 further land acquisitions, MPI was able to get 5 some of those lands under contract, so , Bill , if 6 you will . 7 WHEREUPON : 8 BILL SHINER, 9 testified before the Yorkville City Council as 10 follows : 11 MR. SHINER : I don ' t know if I got 12 sworn in or not . 13 MAYOR PROCHASKA: No, that ' s fine . 14 MR. SHINER: Okay. My name is Bill 15 Shiner, President and CEO of the Shiner Group . 16 We are consultants in a minor way, but developers 17 throughout the Chicago area . 18 We have developed over 65 19 projects in and around Chicago . We have 20 developed some projects in Indiana, Ohio, and 21 California as well . P2 I have worked with the 23 ownership for years on various land sites , 24 including as an advisor on this site in terms of Depo Court Reporting Service ( 630 ) 983-0030 23 1 the future use . 2 I ' m going to start first with 3 the 45-acre piece along Caton Farm. There is a 4 lot of development along 47 to the north, as 5 everyone knows . A lot of the retailers that we 6 all know are there today. And so the question 7 ultimately is is there room for a second store 8 for a lot of those users , is it a potential 9 lifestyle center . 10 I am not going to sit here and 11 crystal ball a few years from now and tell you 12 what exactly will be here . 13 But Caton Farm fits in really 14 almost -- A lot of people talk about good real 15 estate, so let ' s take a step back, and what ' s 16 good retail real estate . 17 What good retail real estate 18 today really is what fits in the networks of the 19 various retailers who are expanding . 20 Today the tenants that are 21 expanding are Home Depot, Kohl ' s , Wal-Mart, 22 Target, you know, some of the boxes . 23 on a 45-acre site , what you are 24 talking about there is approximately about a Depo Court Reporting Service ( 630 ) 983-0030 24 1 million nine square feet of land . That ' s going 2 to equate to about a 400 , 000-square foot center, 3 plus various outlots , so you are going to have a 4 major community center ultimately that ' s going to 5 go there . 6 And what Caton Farm does is 7 really fits into the network for those tenants 8 that are in to the east and also to the north, 9 and a second store in our opinion for a lot of 10 these tenants is going to be the likelihood when 11 the residential comes . No one is going to come 12 here before the residential is there . 13 I think if you look to the 14 comparable in terms of this type of market , the 15 comparable that -- and if you have time, and it ' s 16 quite a long drive, but I went out there today 17 just to look at it again . 18 I was up in Crystal Lake and 19 Lake in the Hills , and if you look at the 20 development there and the housing and you look at 21 the markets , the distance between Crystal Lake 22 and Lake in the Hills is almost identical in 23 terms of the stores locating -- and you have two 24 markets almost three and a half, four miles Depo Court Reporting Service ( 630) 983-0030 25 1 apart . 2 And what happened there is 3 Crystal Lake developed first along Route 14 , and 4 the players that I named all located there, and 5 then Lake in the Hills had enormous growth to the 6 south, they had high schools come up, they had 7 schools come up, the grammar schools , the middle 8 schools were built , the residential filled 9 around, and then the retail has followed that , 10 and that is a very similar situation that you see 11 here . 12 So when you look at the overall 13 development -- and I ' m not sure about the 14 ultimate plans for the other corners , but I think 15 Caton Farm at some point in time is going to 16 become a regional corner . 17 An example of a regional 18 corner, Schaumburg and Barrington, where you have 19 Target, which is in Schaumburg, where you have 20 Target Kohl ' s, Lowe ' s, Home Depot, Jewel, and 21 Dominick' s all on basically one corner . 22 I think Caton Farm ultimately 23 might be that based on where the tenants are 24 sitting today. Depo Court Reporting Service ( 630) 983-0030 26 1 As you go along Walker, I think 2 also as the residential comes in that might be 3 more of a food store anchor-type shopping center, 4 whether it ' s Safeway or Albertson ' s , and what 5 their plans are , obviously they are located -- 6 jewel is certainly up to the north and whether 7 they open a second store again depends on the 8 density . 9 And I ' m not here to tell you 10 who is going to go there; I don ' t want to make or 11 feel that that ' s a commitment, but I 'm trying to 12 give a sense based on the size . 13 23 acres , you ' re talking about 14 almost a million square feet of land; you ' re 15 talking about a 200 to 220 , 000 foot center based 16 on parking and landscaping requirements . 17 So overall on those two centers 18 you are talking about almost 700 , 000 feet of 19 retail that needs to be absorbed long-term, and 20 for 700, 000 feet, you ' re talking about almost 210 21 million dollars in sales , so think about the 22 disposable income and the housing that you need 23 to support that kind of retail . 24 As you go further down the Depo Court Reporting Service ( 630 ) 983-0030 27 1 road -- and I think Mr . Philipchuck really 2 described it well -- in his local convenient-type 3 retail . 4 I think you will see a local 5 restaurant . I think you will see a 6 convenient-type operation . I think the 7 residences don ' t -- And everyone here is an 8 expert at shopping . g When you want to go to Home 10 Depot and you ' re doing something in your 11 basement, clearly you are going to go to a 12 certain location . 13 But if you want to get 14 something for your home or something quick, like 15 a drugstore or something like that, you are not 16 going to want to go to the busiest intersection 17 you can find. You are going to want to find 18 something that ' s convenient . lg You are going to have a high 20 school across the street , you are going to have a 21 lot of parks , you are going to have a lot of 22 activity, so it ' s really going to be localized 23 convenient-type retail, office, medical office, 24 you can suspect some medical uses would go in Depo Court Reporting Service ( 630 ) 983-0030 28 1 there . 2 Again, that site is 3 approximately 12 acres? 4 MR. MARTIN : 13 . 5 MR. SHINER: 13 . It ' s 13 acres . 6 Again, typical absorption, at a 20 percent 7 absorption, you are looking at approximately 120 8 or 130 , 000 feet of retail, convenience, office, 9 restaurants , and those kind of uses . 10 In terms of sales tax 11 generation, from the 45-acre site, you talk about 12 almost having 400 , 000 foot of retail plus 13 outlots . 14 Today the average center of 15 that size does between 200 and $250 a square foot 16 in sales , so you are talking about almost a 17 hundred million dollars in sales , or about nine 18 percent I believe is your sales tax here, so you 19 are looking about a million dollars in sales 20 taxes that would be generated in today ' s dollars 21 if it was built , and our belief is that it ' s 22 years away from being built because the 23 residential development is not there . 24 The 23 acres , again, about Depo Court Reporting Service ( 630 ) 983-0030 29 1 220 , 000 square foot center at the same average 2 sales per square foot, you are looking at almost 3 about 400 or 500 , 000 -- 400 to $500 , 000 of sales 4 tax revenue to the community. 5 And the 23 acres probably 6 wouldn ' t equate out to 200 to 250 a foot . 7 Convenience centers typically do about 100 to 8 $150 a square foot , somewhere in that range, 9 because it ' s a mixture of medical , and a lot 10 of -- some non-sales tax generating uses . 11 So there you are probably 12 looking at somewhere about 150 to $200 , 000 in 13 sales taxes that are being generated. 14 Property taxes , you will have 15 to excuse me , I thought your percentage was about 16 nine percent to the city, is that about right? 17 MAYOR PROCHASKA: Total community? 18 MR. SHINER: Per dollar -- to the 19 community. Well, it ' s about 16 percent to the 20 schools and about nine percent to the 21 community . 22 MAYOR PROCHASKA: More around seven, 23 eight . 24 MR. CROIS : Seven and a half . Depo Court Reporting Service ( 630 ) 983-0030 30 1 MR. SHINER: I couldn ' t exactly tell 2 from some of the copies of the tax bills . I am a 3 little confused . I wanted to get that number 4 right . 5 But , again, a 400 , 000 square 6 foot center, you are looking at almost a million 7 two, in tax dollars . That would equate to the 8 school district of approximately seven to 9 $800 , 000 a year to the school district just from 10 that one center . 11 At seven or eight percent, you 12 know, you ' re looking at probably about 80 or 13 $90 , 000 a year just to the city' s coffers . That 14 doesn ' t include the police, the county and all 15 those other things, just kind of isolating the 16 school district . 17 And you ' d have similar 18 equations in terms of dollars being generated for 19 the park district -- I ' m sorry, the school 20 district and the other center, about half of the 21 23 acre site and a little less than that out of 22 the smaller site . 23 So overall in today ' s dollars , 24 it is a tremendous economic benefit to the Depo Court Reporting Service ( 630) 983-0030 31 1 community, it is a corner that we think will be a 2 regional corner, and we believe years down the 3 road -- and as we say, one of the key things in 4 any -- you don ' t -- You rarely, if ever, see that 5 residential follows retail . It is pretty clear 6 that retail follows the residential , and the 7 disposable income that is Yorkville, and a big 8 part of that is the school districts , the parks , 9 and the amenities , and I think this project 10 really puts together everything that a community 11 needs . 12 So with that , I ' ll be happy to 13 answer any questions if you have any . 14 MAYOR PROCHASKA: Do you have 15 anybody else to present? 16 MR . PHILIPCHUCK: We have Tom Small 17 from Pasquinelli Development , Moser Enterprises 18 here, if you have questions for them; otherwise 19 that was our presentation for this evening 20 here . 21 MAYOR PROCHASKA: Okay . Then I 22 would like to open the floor to anyone in the 23 audience that would like to ask a question, make 24 a comment on this development . Is there anyone Depo Court Reporting Service ( 630 ) 983-0030 32 1 in the audience that would like to come forward? 2 (No response) 3 MAYOR PROCHASKA: Seeing none then, 4 I would ask if there is any comments or questions 5 from the Council . Yes , Alderman Spears . 6 MS . SPEARS : I would just like to 7 share my vision for the city of Yorkville in the 8 future . 9 I would like to see 10 developments such as this to provide community 11 centers . We need community centers in Yorkville , 12 we have one basically, and I ' d like to see them 13 throughout the town that would be for the public . 14 Not necessarily the clubhouses , but a regular 15 community center that all the residents that you 16 are going to be bringing in, as well as residents 17 from the other side of town or other 18 developments , would be able to enjoy, a very nice 19 community center. 20 MR. PHILIPCHUCK: As you know, Rose , 21 you ' ve adopted and you have looked for capital 22 and administrative fees with the new development 23 that comes in . 24 Certainly you could earmark Depo Court Reporting Service ( 630 ) 983-0030 33 1 some of those funds for some of those kinds of 2 facilities . 3 MAYOR PROCHASKA: Actually, Alderman 4 Spears , we actually have had that discussion with 5 developers . 6 I remember when MPI went 7 through, it was kind of further along when we 8 started that discussion, but there was some 9 discussion about maybe looking at some buildings 10 being public, and I think that ' s something that 11 we can address a little bit more as we go forward 12 to see how that might work. 13 There might be actually an 14 advantage to the developer and the city . 15 MS . SPEARS : Exactly . And we can 16 have connecting developments possibly contribute 17 so much to it . 18 MR. PHILIPCHUCK: You raise a good 19 point . And if you ' re going to have a fire 20 station site -- 21 MS . SPEARS : Right . 22 MR. PHILIPCHUCK: -- maybe it ' s 23 designed such that there is a large room, a 24 community room. I mean, you should get more than Depo Court Reporting Service ( 630 ) 983-0030 34 1 one use out of some of these public buildings . 2 It costs a lot of money to put 3 these buildings under roof . If we ' re going to 4 design them, let ' s design them to be 5 multi-functional . I think that might work . 6 MS . SPEARS : Exactly . 7 MAYOR PROCHASKA: Anyone else? 8 Alderman James . 9 MR . JAMES : Yeah . Just on the 10 design on Route 47 , I ' d like to see a limit to 11 the amount of stoplights that you put along 12 there, if there is some way to use frontage roads 13 in the design, but I don ' t want to end up seeing 14 this development, you know, go 200 feet and you 15 hit another light and repeat, hit another light 16 and repeat . 17 In the design, if there is some 18 way to limit the amount that you ' re going to be 19 putting on there and try to use frontage roads as 20 access . 21 MR. PHILIPCHUCK: As you know, we 22 are being subjected to the requirements of IDOT 23 and so we have to work with IDOT as to where 24 those locations can be, and they have their Depo Court Reporting Service ( 630) 983-0030 35 1 minimum separation standards for those signals , 2 and, then again, you have to meet warrants in 3 order to be able to have the signals , and the key 4 then is to have the interconnect so that when you 5 have the lighter traffic that need to access , you 6 can have more through traffic move on those 7 roadways, so that ' s a point well taken . 8 MR . WOLFER: After you sat down and 9 said I 'm going to, I would like to see it in the 10 annexation, but when this subdivision is 11 completed that access roads are going to be 12 exiting from school , I would like to see a light 13 there . That is really going to be crowded. 14 MR. PHILIPCHUCK: So wherever the 15 full access from the high school site is on 16 Route 47 -- 17 MR. WOLFER: I was told that it 18 would not access out to 47 . 19 MAYOR PROCHASKA: The full access 20 was going to be down and out Wheeler, is what we 21 were told, so -- 22 MR. WOLFER: At that point we have 23 enough traffic going . 24 MAYOR PROCHASKA: Well , I think you Depo Court Reporting Service ( 630 ) 983-0030 36 1 bring up a good point , especially in a site like 2 that where, depending on timing and what gets 3 built first and what goes where, the school could 4 be there prior to there being enough homes to 5 warrant the signalization, so I think -- and 6 correct me if I am wrong -- but you are saying 7 that once the school is there we want to make 8 sure -- 9 MR . WOLFER: Correct . Maybe on a 10 certain level of completion, we make sure that 11 it ' s automatically asked for . 12 MAYOR PROCHASKA: The study will be 13 done as part of the project, but I think the idea 14 of -- 15 MR. PHILIPCHUCK: There is a traffic 16 study that ' s been done and we are in the process 17 of updating it . 18 MAYOR PROCHASKA: Anyone else? 19 Alderman Besco . 20 MR. BESCO : One question . As long 21 as I have been on the Council, I have never 22 remembered seeing an R-4 come through . What is 23 the -- 24 MAYOR PROCHASKA: Actually we do Depo Court Reporting Service ( 630) 983-0030 37 1 have R-4 . R-4 is basically like condos or 2 apartments . 3 MR . BESCO: What ' s the density 4 for that? 5 MAYOR PROCHASKA: It ' s eight units 6 per acre . 7 MR. BESCO: Eight per acre . Yeah, I 8 remember . 9 MAYOR PROCHASKA: And they are 10 required to have a single covered parking space 11 for each unit . I don ' t know if it says enclosed 12 or covered, but it has to be more than just a 13 parking lot space . 14 MR. BESCO: Right . 15 MAYOR PROCHASKA: Yes, ma ' am. 16 MS . BURD : Is this an SSA? Are you 17 requesting an SSA? 18 MR. PHILIPCHUCK: We do have a 19 provision in there . As you know, we are looking 20 in the area of a 30 million dollar infrastructure 21 program for the provisions for water and sanitary 22 sewer services in the southern area, so that is , 23 or it may still be needed as part of the 24 solution, Valerie . Depo Court Reporting Service ( 630 ) 983-0030 38 1 We are continuing to work with 2 staff, and so we haven ' t ironed out all those 3 details , but just so you know, that is the number 4 out there for the wells , treatment, storage, 5 sanitary sewers , pump stations , and things of 6 that nature . 7 MS . BURD : Since this is such a 8 large development, I ' m sure you heard what my 9 suggestion was a little earlier, to try to bring 10 some of this development to be more benefit to 11 our local business people . 12 Would you consider if we 13 changed the policy, having something written into 14 the annexation agreement that would provide some 15 benefit to our local business people? 16 MR. PHILIPCHUCK: I think you are on 17 the right track; I don ' t know if I would put it 18 and require it in the annexation agreement . 19 Having some kind of a trade 20 fair where the developers could meet some of the 21 local tradesmen and understand their capacities 22 and things . 23 When you talk about some of 24 these larger developments , can your local Depo Court Reporting Service ( 630 ) 983-0030 39 1 contractor handle the volume? 2 MS . BURD: Sure . 3 MR. PHILIPCHUCK: Is their 4 workmanship up to the same standards as the 5 people, you know, they are currently using . 6 Pricing is always a factor . 7 Obviously you can ' t say you can only use our 8 folks here and then they price it way above where 9 the market is at . 10 I think there is a lot of 11 factors we ' d have to look at, but certainly an 12 opportunity to meet some of those local 13 businessmen would be a good idea because maybe 14 many of them, given that opportunity, would be 15 able to secure some contracts . 16 Writing it into the agreement 17 and requiring it, I think we should give that 18 some more thought . 19 MS . BURD: It ' s something I would 20 like to think about, but I know that some of them 21 are working with other developers in other 22 communities, but when they come to Yorkville, for 23 some reason they are not opening it up to them. 24 MR. PHILIPCHUCK: I am not aware of Depo Court Reporting Service ( 630) 983-0030 40 1 that, but we can look at it . 2 MS . BURD : And especially mentioned 3 the Grande Reserve area, which was a huge -- 4 which is a huge development , so since this is 5 something similar, I would like to see that not 6 happen again because I do think, you know, this 7 should be something -- this should be a boon to 8 our local business people who are providing all 9 name products and doing quality work, and I 'm 10 sure a lot of them would be more than up to 11 providing these kind of services . 12 MR. LESLIE : I like the idea . I 13 don ' t know how you could mandate that in terms 14 of writing . Something to consider . 15 MAYOR PROCHASKA: If they agree to 16 it , they agree to it . The question is that -- 17 MS . BURD : How they can work it out . 18 MR. LESLIE : In terms of annexation, 19 if they flip it to commercial, a commercial lot 20 to develop my store, I 'm going to have the 21 latitude in determining who I am going to use as 22 the general contractor . 23 MAYOR PROCHASKA: Well , it does -- 24 maybe or maybe not . That ' s where the limit would Depo Court Reporting Service ( 630 ) 983-0030 41 1 be . It ' s going to be interesting having it . 2 MR. LESLIE : It would be real 3 interesting . 4 MAYOR PROCHASKA: One of the things 5 that I ' d like to see with a development this 6 large is -- and I know we -- I think you guys 7 tried it at Grande Reserve, and I don ' t know how 8 well it works, I know even the discussions with 9 like Home Builders Association is often looking 10 for developments larger where there can be 11 actually areas or pods or sections or whatever 12 you want to call it where lots could be sold off 13 on a single basis or in a smaller quantity so 14 that the local custom and semi-custom builders , 15 the local builders , have an opportunity to 16 partake . 17 I know -- I know you guys did 18 something, I don' t know exactly how it worked out 19 at the last one , but, again, this was actually 20 something I am remembering from a discussion with 21 people from the American -- from the Home 22 Builders Association, is the idea of actually 23 looking for a development large enough where a 24 section or some sections could be set aside where Depo Court Reporting Service ( 630 ) 983-0030 42 1 the lots could be sold on an individual basis so 2 that you actually have the ability for the 3 smaller builders and the people in the area to 4 partake in this development , so that is something 5 I actually would like to see . 6 MS . BURD: That would help . 7 MAYOR PROCHASKA: Because those -- 8 and then again, those are the folks that are 9 going to hire the local tradesperson . 10 MS . BURD : Right . That would help 11 solve the problem. 12 MAYOR PROCHASKA: So that would be 13 another way to approach that . Anyone else? 14 (No Response) 15 MAYOR PROCHASKA: Hearing no further 16 discussion, I would entertain a motion to close 17 the public hearing . 18 MS . BURD: So moved . 19 MR . BOCK: Second. 20 MAYOR PROCHASKA: Moved and 21 seconded . May I have roll call , please? 22 MS . MILSCHEWSKI : Wolfer . 23 MR. WOLFER: Aye . 24 MS . MILSCHEWSKI : James . Depo Court Reporting Service ( 630) 983-0030 43 1 MR. JAMES : Aye . 2 MS . MILSCHEWSKI : Burd . 3 MS . BURD : Aye . 4 MS . MILSCHEWSKI : Spears . 5 MS . SPEARS : Aye . 6 MS . MILSCHEWSKI : Bock . 7 MR. BOCK: Aye . 8 MS . MILSCHEWSKI : Besco . 9 MR . BESCO: Aye . 10 MS . MILSCHEWSKI : Leslie . 11 MR. LESLIE : Aye . 12 MAYOR PROCHASKA: Motion is carried . 13 Public hearing is closed . 14 (Which were all the 15 proceedings in the 16 public hearing . ) 17 ---000--- 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 44 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WH�REOF I have hereunto set 15 my an this _-166tay of 16 ------------' 2006 . 17 18 c 19 20 -------------------- CHRISTINE M . VITOSH, C . S . R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 45 June 13 , 2006 $150 29:8 500,000 29:3, 29:3 11:5, 12:17, 18:17, annexation 3:17, $200,000 29:12, 6 14:23 33:3, 33:4, 33:13, 5:9, 5:12, 5:24, 9:8, 29:12 65 22:18 36:24, 41:11, 41:19, 10:22, 12:11, 12:15, $250 28:15 67 19:7 41:22, 42:2, 42:5 13:18, 16:22, 17:8, $500,000 29:3, 29:3 70 19:2 addition 19:13 35:10, 38:14, 38:18, $800,000 30:9, 30:9 70-acre 19:10 address 17:19, 40:18 $90,000 30:13, 30:13 700,000 26:18, 33:11 answer 5:22, 31:13 000-square 24:2 26:18, 26:20, 26:20 administrative 32:22 anticipating 21:22 084-002883 44:24 75 18:24, 19:2 adopted 32:21 anybody 31:15 1 18:24, 25:3 7:00 1:9, 1:9 advantage 33:14 apart 25:1 10,000 19:1, 19:1 80 18:24, 30:12 advisor 21:20, 22:24 apartments 37:2 100 29:7 800 1:9 aforesaid 44:14 apologize 6:17 11,000 18:23, 18:23 805 3:12 agenda 3:5, 17:10 apparently 10:19 12 28:3 8120:2 ago 9:13 appeared 2:18 12,000 7:6, 7:6, 85 18:23 agree 40:15, 40:16 application 16:20 18:21, 18:21 9.8 5:5, 13:8 agreement 3:17, 5:9, approach 42:13 120 28:7 9.81 3:20 5:12, 5:24, 9:8, approximately 3:20, 123 16:16 916-acre 18:1, 18:8 12:11, 12:16, 13:18, 5:5, 15:9, 19:10, 13 28:4, 28:5, 28:5 916.44 15:9 16:22, 17:8, 38:14, 23:24, 28:3, 28:7, 13-acre 19:23, 20:23 38:18, 39:16 30:8 130,000 28:8, 28:8 agreements 10:22 area 7:20, 8:18, 150 29:12 <A> Agricultural 3:14, 18:11, 18:12, 18:13, 16 29:19 A-1 3:14, 9:4, 15:2 9:16, 15:2 18:15, 18:22, 19:4, 2.1 20:4, 21:10 ability 19:8, 42:2 Albertson 26:4 19:11, 19:16, 20:6, 20 28:6 able 22:4, 32:18, Alderman 2:3, 2:4, 20:9, 20:20, 22:17, 200 26:15, 28:15, 35:3, 39:15 2:5, 2:6, 2:7, 2:8, 2:9, 37:20, 37:22, 40:3, 29:6, 34:14 above 39:8 32:5, 33:3, 34:8, 42:3 2006. 44:18 above-entitled 1:7 36:19 areas 9:12, 18:9, 210 26:20 absorbed 26:19 Allegiance 3:1 18:20, 41:11 220,000 26:15, absorption 28:6, allow 13:15, 20:7 around 22:19, 25:9, 26:15, 29:1, 29:1 28:7 allowed 18:18, 29:22 23 19:23, 26:13, access 34:20, 35:5, 20:11, 21:11 ARTHUR 2:2 28:24, 29:5, 30:21 35:11, 35:15, 35:18, allows 12:5 aside 41:24 250 29:6 35:19 almost 20:16, 23:14, associated 20:18 30 37:20 acquisitions 22:4 24:22, 24:24, 26:14, Association 41:9, 300 20:15 acre 7:8, 7:9, 19:7, 26:18, 26:20, 28:12, 41:22 328 20:16 20:4, 20:7, 20:22, 28:16, 29:2, 30:6 attached 12:11, 36 20:21 20:23, 21:11, 30:21, already 9:20 20:19 4 15:10, 18:5, 19:4, 37:6, 37:7 amenities 31:9 Attorney 5:1, 8:1, 22:3, 34:10 acreage 12:19 Ament 3:21, 15:10, 8:2, 9:7 400 24:2, 29:3, 29:3 acres 3:20, 5:5, 18:2, 18:6, 18:7 attorneys 13:19 400,000 28:12, 13:8, 15:9, 19:23, American 41:21 audience 6:3, 31:23, 28:12, 30:5, 30:5 20:2, 20:16, 20:21, amount 19:5, 34:11, 32:1 45-acre 20:1, 23:3, 26:13, 28:3, 28:5, 34:18 authorizes 12:18 23:23, 28:11 28:24, 29:5 anchor-type 26:3 automatically 36:11 47 3:20, 5:6, 19:22, across 27:20 ANN 2:9 average 20:8, 28:14, 20:2, 23:4, 35:16, activity 27:22 annex 3:13, 5:5, 29:1 35:18 Actually 7:16, 9:12, 5:19, 14:24 aware 6:13, 39:24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 46 June 13 , 2006 away 28:22 37:3, 37:7, 37:14, 11:2, 12:1, 12:2, 29:16, 30:13, 32:7, Aye 4:4, 4:6, 4:8, 43:8, 43:9 15:7, 38:11, 38:15, 33:14 4:10, 4:12, 4:14, big 12:6, 31:7 40:8, 44:8 classifications 6:21 4:16, 14:6, 14:8, Bill 21:19, 21:19, businesses 11:22 clear 31:5 14:10, 14:12, 14:14, 22:5, 22:8, 22:14 businessmen 39:13 clearly 27:11 14:16, 14:18, 15:18, bills 30:2 Clerk 2:13 15:20, 15:22, 15:24, bit 33:11 close 13:23, 42:16 16:2, 16:4, 16:6, block 10:6 < C > closed 43:13 42:23, 43:1, 43:3, board 17:19 C.S.R. 1:8, 44:23 clubhouses 32:14 43:5, 43:7, 43:9, BOCK 2:7, 4:15, California 22:21 Cobine 16:15 43:11 4:16, 14:15, 14:16, call 4:2, 14:4, 15:16, coffers 30:13 15:13, 16:3, 16:4, 41:12, 42:21 combination 20:5 42:19, 43:6, 43:7 capacities 38:21 comes 9:16, 24:11, < B > boon 40:7 capital 32:21 26:2, 32:23 B-1 12:2 boundary 8:22 care 5:14, 5:23, coming 8:21, 10:20, B-2 11:21, 12:2, box 12:6 10:4, 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18:23, 34:3 certain 5:21, 27:12, 32:10, 32:11, 32:15, 25:21, 32:12, 37:1 builds 12:1, 12:1 36:10 32:19, 33:24 basis 41:13, 42:1 built 25:8, 28:21, Certainly 26:6, comparable 24:14, become 25:16 28:22, 36:3 32:24, 39:11 24:15 behalf 2:18 BURD 2:5, 3:24, Certified 44:7 completed 35:11 behind 7:9 4:11, 4:12, 9:21, change 9:3, 9:17, completion 36:10 belief 28:21 10:14, 11:10, 11:12, 11:23 components 17:13, believe 8:8, 12:14, 14:1, 14:11, 14:12, changed 38:13 21:22 28:18, 31:2 15:23, 15:24, 37:16, Chicago 22:17, Comprehensive below 12:16 38:7, 39:2, 39:19, 22:19 7:22, 18:9, 18:14, benefit 11:3, 30:24, 40:2, 40:17, 42:6, CHRISTINE 1:8, 18:15, 18:19, 19:19, 38:10, 38:15 42:10, 42:18, 43:2, 44:6, 44:23 19:22, 19:24, 20:6, BESCO 2:8, 3:23, 43:3 City 1:1, 1:2, 1:10, 20:12, 21:10, 21:12 4:3, 4:4, 9:3, 11:5, busiest 27:16 2:13, 2:19, 3:13, comprised 18:20 11:9, 14:2, 14:17, Business 3:15, 6:22, 3:15, 4:22, 6:4, 7:17, concerned 22:1 14:18, 15:14, 16:5, 7:18, 7:22, 9:1, 9:14, 9:13, 15:1, 15:2, condos 37:1 16:6, 36:19, 36:20, 9:16, 10:17, 10:23, 16:11, 17:16, 22:9, conform 7:5 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 47 June 13 , 2006 confused 30:3 CROIS 2:10, 29:24 21:3 drive 24:16 connecting 33:16 crowded 35:13 Development 3:6, drugstore 27:15 consider 10:21, Crystal 23:11, 24:18, 3:7, 8:21, 11:2, drywall 10:17 38:12, 40:14 24:21, 25:3 12:10, 15:3, 16:20, Due 12:18 consists 3:19, 15:8 CSR 44:24 18:3, 18:8, 18:11, duly 44:6 constraints 12:19 cumulative 11:24 20:4, 21:20, 23:4, Duplex 15:4 construct 5:14 Currently 10:3, 39:5 24:20, 25:13, 28:23, consultants 22:16 custom 41:14 31:17, 31:24, 32:22, containing 15:3 34:14, 38:8, 38:10, < E > contains 44:14 40:4, 41:5, 41:23, earlier 38:9 continuing 38:1 < D > 42:4 earmark 32:24 contract 22:5 D-796006 1:24 developments east 15:9, 24:8 contractor 39:1, dark 19:4 32:10, 32:18, 33:16, economic 30:24 40:22 darker 18:21 38:24, 41:10 Eight 7:8, 29:23, contractors 10:16, day 5:14, 5:23, 10:4, develops 8:19 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districts 31:8 equations 30:18 costs 34:2 34:17 doing 27:10, 40:9, Especially 11:12, Council 1:1, 4:22, designated 7:7 44:8 36:1, 40:2 6:4, 6:8, 10:15, designed 33:23 dollar 29:18, 30:23, estate 8:23, 23:15, 16:11, 16:19, 17:16, details 38:3 37:20 23:16, 23:17 21:24, 22:9, 32:5, determination 7:20 dollars 26:21, 28:17, evening 3:8, 16:13, 36:21 determined 10:3 28:19, 28:20, 30:7, 16:17, 16:21, 17:9, Counsel 2:17 determining 40:21 30:18 31:19 counting 11:18 develop 5:9, 40:20 Dominick 25:21 event 5:20 COUNTY 3:14, 3:22, developed 5:21, Dommermuth 16:15 everyone 23:5, 27:7 15:2, 15:12, 30:14, 7:20, 21:16, 22:18, done 7:17, 7:18, everything 31:10 44:3 22:20, 25:3 7:19, 36:13, 36:16 Exactly 23:12, 30:1, couple 7:19 developer 33:14 doubt 10:8 33:15, 34:6, 41:18 covered 37:10, developers 10:19, down 10:12, 18:2, example 12:4, 25:17 37:12 22:16, 33:5, 38:20, 21:4, 26:24, 31:2, excuse 29:15 Creek 18:10, 18:14, 39:21 35:8, 35:20 existing 7:10, 7:24, 19:17 developing 19:6, drawing 7:6 8:2, 9:9, 11:18 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 48 June 13 , 2006 exiting 35:12 folks 39:8, 42:8 13:2 40:12, 41:22 expand 19:9 followed 25:9 guideline 18:17 identical 24:22 expandable 20:23, follows 4:23, 16:12, guys 41:6, 41:17 [DOT 34:22, 34:23 21:4, 21:5 17:17, 18:16, 19:18, Illinois 1:2, 1:10, expanding 23:19, 22:10, 31:5, 31:6 2:19, 3:22, 5:2, 23:21 food 26:3 < H > 15:12, 16:17, 44:1, expert 27:8 foot 7:7, 18:22, half 5:19, 18:4, 19:7, 44:9 explicitly 12:17 18:23, 18:23, 19:2, 20:7, 21:11, 24:24, Immanuel 15:9, extended 22:2 19:2, 24:2, 26:15, 29:24, 30:20 18:5, 19:22, 20:15 extension 19:21, 28:12, 28:15, 29:1, hand 44:17 in. 32:23 20:14 29:2, 29:6, 29:8, 30:6 handle 39:1 include 20:17, 30:14 extensive 19:5 foregoing 44:11, happen 9:7, 40:6 including 22:24 44:12 happened 25:2 income 26:22, 31:7 format 13:13 happy 31:12 Indiana 22:20 < F > forward 13:18, 32:1, heard 7:14, 11:5, indicated 5:4 F 2:2 33:11 38:8 individual 9:24, facilities 33:2 four 24:24 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< J > filled 25:8 generation 28:11 25:20, 27:9, 27:14, JACQUELYN 2:13 find 27:17, 27:17 gets 36:2 41:9, 41:21 JAMES 2:3, 2:7, 4:9, fine 17:21, 22:13 give 12:3, 13:17, homes 36:4 4:10, 9:15, 14:9, fire 20:13, 33:19 26:12, 39:17 hour 1:9 14:10, 15:21, 15:22, firm 16:15 given 39:14 housing 24:20, 34:8, 34:9, 42:24, first 7:14, 23:2, 25:3, grammar 25:7 26:22 43:1 36:3, 44:6 Grande 40:3, 41:7 huge 40:3, 40:4 JASON 2:4 fits 23:13, 23:18, grandfather 8:12 hundred 28:17 JEN 17:5 24:7 green 19:4, 19:4, Jewel 25:20, 26:6 five-acre 20:13, 21:4 20:22 JOHN 2:10, 2:17, flex 5:10, 7:1 Group 22:15 < 1 > 16:10, 16:14, 17:4, flip 40:19 growth 25:5 idea 8:14, 10:15, 17:13, 17:15 floor 31:22 guarantee 12:23, 11:11, 36:13, 39:13, JOSEPH 2:8 Depo Court Reporting Service ( 630 ) 983-0030 Page 1 of 7 itL 1FT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday,June 20,2006—7:00 pm In Attendance: City Art Prochaska-Mayor John Wyeth—City Attorney Paul James—Alderman John Crois—Interim City Administrator Valerie Burd-Alderwoman Eric Dhuse—Public Works Director Dean Wolfer—Alderman Denise Kasper—Payroll &Benefits Specialist Rose Spears-Alderwoman Bart Olson—Assistant City Administrator Joe Besco - Alderman David Mogle—Executive Director Parks &Rec. Marty Munns—Alderman Travis Miller—Community Development Director Susan Mika—Finance Director Lt. Don Schwartzkopf—Yorkville Police Lynsey Johnson—Administrative Assistant Guests Heather Gillers—Beacon News Kathy Farren—Kendall County Record Max Herwig—North Aurora Trustee Kevin Drendel—Attorney,North Aurora Gary Bennett Betty Bennett Adam Clever Joleen Shields Mike Hartel—Design Haus George Fisher Marcus Key Dan Kramer—Attorney Jeff Freeman—EEI Mayor Art Prochaska called the meeting to order at 7pm. PUBLIC HEARING: None PRESENTATIONS: 1. Cable Consortium Update by Max Herwig Max Herwig, a Trustee for North Aurora and also the chairperson of the Southwest Fox Valley Cable and Communications Consortium, gave an update of the AT& T Project Lightspeed. He noted that Yorkville is a member of the Consortium. A number of communities, including North Aurora, are being sued by AT&T. He said North Aurora and seven other towns have formed a pact to oppose the lawsuit. Mr. Herwig then turned the presentation over to Mr. Kevin Drendel,Attorney for North Aurora and the Consortium. He said municipalities are caught in a situation regarding competing technology to deliver video programming. He said there is no regulatory structure for video over internet protocol and there is a question if this technology is considered to be cable service. He noted that Comcast considers this method cable TV, while AT & T does not regard it as cable. Mr. Drendel Page 2 of 7 said Comcast feels that if the City issues permits to AT&T to roll out their new technology without them entering into a franchise agreement, Comcast would take the position that the town breached the law and will not honor their franchise agreement. Mr. Drendel said AT&T is applying for permits in several towns already and all over the country. AT & T is currently bundling many services together. The lawsuits have come about in a response to the dilemma and several towns have passed moratoriums on issuance of permits in order to review the facts. AT& T plans to install utility boxes that are very large and only serve roughly 300 homes. This might even present a zoning issue since the rights-of-way would be used . In response to the moratoriums, AT&T filed counter lawsuits with several different judges. The Consortium filed a motion to consolidate all the cases and is hopeful the cases will be dismissed. Mr. Drendel cautioned that AT& T is not always labeling their permit requests with"Project Lightspeed" and said that the Building and Public Works Departments should be advised. Alderman Wolfer asked what is at stake with this issue. Mr. Drendel said the City could lose 5% of the gross revenue and could possibly get into a dispute with Comcast. Alderman Besco asked if any municipalities have passed ordinances restricting the box sizes. Mr. Drendel has not heard of any restrictions. Mayor Prochaska noted that a mayoral task force is trying to negotiate a settlement with AT & T. DETAIL BOARD REPORT BILL LIST): The following questions were briefly discussed: Page I & 6: Replenish checking account: This account is used to purchase items from the County Building and funds are replenished as the money is spent. Page 24: Office Works-administrative headsets: Alderwoman Spears asked how many there are and it was thought the City owns five. Page 31: Thomas Alarm Systems: Alderwoman Spears asked if two separate tests were performed by this company. There were two alarms to be checked. Page 34: Worthington Direct: It was unknown what this item is and Finance Director Mika will research. This list will proceed to the City Council agenda for consideration. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: Mayor Prochaska asked that the 20 items on consent agenda be moved directly on to City Council. He noted that when an item is requested to go to the consent agenda,that item will appear on the next City Council regardless of the item. MAYOR. I. Coffee with the Mayor: The next coffee will be at the Promenade on the Riverfront on June 24th. Page 3 of 7 2. Overnight Parking Ban Survey Alderwoman Spears said there were two examples of parking surveys for the Council to review. There was discussion of the types of questions for the survey and Alderman Besco noted that he wished to still have major and minor collector streets considered for a 24-hour parking ban. Ms. Spears said the Public Safety committee suggested first determining if a majority of citizens favor a ban. A map of each ward has been requested and a committee of non-biased citizens from each ward would be formed to make a recommendation. Alderman Wolfer said that the City should reserve the right to make changes to any citizen recommendations. The outside of the survey envelope will be clearly marked with the contents. The water bill mailing list will be used and one survey per household will be mailed. A suggestion was made by Joe Besco to allow citizens to drop their completed surveys in the utility payment box. It was also specified that the"original" survey must be returned by a given deadline. Mayor Prochaska said a prototype should be provided for review so that it could be mailed in July. 3. Tourism Board Appointment Mayor Prochaska said this item did not need to be on the agenda. 4. PC 2006-31 Tuscany Plaza Development Agreement and Special Use and Variances The Mayor said the City asked the developers to wait so that the TIF area could be voted on first. Now this agreement is ready to be moved on and will be forwarded to the City Council agenda for consideration. CITY ATTORNEY 1. Prevailing Wage Ordinance Attorney Wyeth said that each June,the City is required to determine a"prevailing wage" in an ordinance and it is based on established wages. This will move on to the consent agenda for next week. ECONOMIC DEVELOPMENT COMMITTEE: No report. PUBLIC WORKS COMMITTEE: 1. PW 2006-92 South Waterworks Improvements—Supplemental Engineering Agreement This is a revised agreement with EEI for the southwest water improvements. It was determined that a water tower was needed for the MPI South development at a cost of$883,000 contingent upon developer funding. This moves to the Council consent agenda. 2. PW 2006-93 Southwest Transportation Improvements—Engineering Agreement This agreement is for an extension of Green Briar Road at a cost of$823,000. It is also contingent upon developer funds. Turn lanes on Fox Road were also discussed and it was noted that this agreement allows for the engineering to determine these kinds of needs. Jeff Freeman said the Page 4 of 7 agreement is to study Green Briar signals and Fox Road resurfacing. These improvements were defined in the Southwest Transportation Study. He said the plan is to use Green Briar as an outlet for the area because traffic on Fox is a major problem,but the plan must also be approved by the County. Associated costs could be eligible for reimbursement through road fees. Because of the water and sewer studies needed for the area, Mr. Freeman suggested that the proposed six developments in this area could help pay for the studies or an alternative revenue source would be needed. Mayor Prochaska said he would ask the Attorney to verify asking the developers to help in this situation. He would like to move forward with the engineering and asked Mr. Freeman to come back to the Council regarding any additional costs for the intersection. This item will be forwarded to the City Council regular agenda. 3. PW 2006-106 Prestwick of Yorkville(Phase I) —Letter of Understanding Alderman Besco said this is rather unusual circumstance and concerns maintenance of a section of sewer located outside the City limits. It also moves to the consent agenda. 4. PW 2006-108 Route 34/Sycamore Road Intersection— Traffic Signal Warrants—FYI This intersection has met two criteria for a signal. However, funding is needed and it will be sent to IDOT for final approval. The developers on each comer should pay a portion of the cost This item will come back for more discussion. 5. PW 2006-115 Bid Results for Kennedy Road at Freedom Place Intersection Improvement It was recommended that the bid be awarded to Aurora Blacktop in the amount of$157,879.92. This work is for the entrance to Grande Reserve School and it is hoped to have this job done before school begins. This moves to the consent agenda. 6. PW 2006-110 Blackberry Creek Dam—Feasibility Study This study considered the feasibility of removing the dam near YBSD,however, the dam is tied structurally into the bridge. This item will return to committee when the study is completed. 7. PW 2006-116 Glen Palmer Dam Intergovernmental Agreement John Crois reported that in relation to work on the dam,IDNR realized that the agreement between the City and IDNR asked for a resolution to set aside funds after the work is completed. No resolution has been passed at this time. The State has asked the City to pass the resolution. He said the IDNR has placed rocks by the dam for safety and later they will be used near the shoreline. Even though the dam is not part of the City now,the City has agreed to the reconstruction project and the City will pay for maintenance at this time. Attorney Wyeth summarized the terms of the agreement for the committee. It was noted that the State owns the dam structure. This moves to the City Council consent agenda. PUBLIC SAFETY COMMITTEE: No report. Page 5 of 7 ADMINISTRATION: 1. Corlands The contract with Corlands was recently due and has now been taken care of with a one-year extension. A letter has been sign for this extension. 2. ADM 2006-31 Staff Salary Survey The last time the salaries were reviewed was for the ranges for the titles and occurred in 2003/2004. After researching other towns, it was decided it was time to update the salaries. Paul James said that all that information was given to all Council members. The information will be returned to the Administration Committee and a recommendation of ranges will be made. It will then be brought back to C.O.W. 3. ADM 2006-38 Westbury East Village SSA Resolution Declaring Official Intent 4. ADM 2006-39 Westbury East Village SSA 2006-111 Proposing Ordinance 5. ADM-2006-40 Westbury South Villages SSA Resolution Declaring OfiicialIntent These items were discussed together. Alderman James said these items are already approved and one other property has been included that will connect the entire development. The developer will ask for an SSA when that occurs. Public improvements will result from this SSA, including a watershed area where some property not suitable for housing, will be used for commercial. Another benefit of the SSA would be the widening of Rte. 47 from Baseline to Comeils. If this improvement occurs, Alderman James said it would move more traffic and might accelerate future widening. Additional federal grants are possible if initial improvements are made. The Mayor said he recently met with the Department of Commerce to explore options for improvements. He said mechanisms would still need to be found for front-funding from the developers. Mayor Prochaska stated that about 10 years ago,there was money available for Rt. 47 to be widened, but in a public meeting,the overwhelming majority of citizens said they did not want the road widened at that time. Alderman James said four resolutions are being formalized in these documents. An SSA will be requested in the annexation. At that time, public improvement needs will be identified, Rt. 47 will be studied and a golf course could be built. Ms. Burd said that she had asked that a sign be installed indicating SSA projects. Dan Kramer was present on behalf of the petitioner for this project. He said a traditional SSA would be requested. He added that he had spoken with Dr. Engler and he hopes for a school such as that in Grande Reserve. The developer has looked at funding a school. Alderman James said he felt this was a good SSA since specific projects have been identified. These three items will move to the City Council regular agenda for a vote. Page 6 of 7 CITY COUNCIL REQUESTS: 1. Selection of Mayor Pro Tem Mayor Prochaska asked the Council for nominations to vote on a new Mayor Pro Tem. Alderwoman Burd nominated Alderwoman Spears with a second from Marty Moons. Paul James was nominated by Dean Wolfer,however, Alderman James respectfully declined. Ms. Spears' name will be listed on the next Council agenda and the City Council can also accept nominations from the floor. The Mayor will not be able to be present at the next meeting so the current Mayor Pro Tem, Ms. Burd, will open the meeting since the Mayor Pro Tem vote has not been taken yet. LEGISLATIVE TASK FORCE: 1. Draft Covering Ordinance Attorney Wyeth had gathered comments and input for the ordinance revision and color-coded those according to the Alderman or Mayor. It was noted that anyone can hold a meeting at any time,but it was recommended that a courtesy call should be made if a meeting was held in the home ward of another Alderman. The wording decided upon for ward meetings was"...may, at their discretion,hold ward meetings in their wards..." The committee also discussed the fact that the Mayor can designate anyone, including citizens,to act as spokespersons. That person would be the Mayor's representative, not a spokesperson for the entire Council. Alderman Burd said that the City Council has the right to appoint liaisons. Liaisons were appointed to certain committees and they were to report back to the City Council, however,the reporting has been lacking. Ms. Burd thought the committees should be in charge of their liaisons. This would take away the Mayor's authority to appoint these persons. There was a lengthy discussion regarding this issue and later in the meeting, it was decided that the committee would appoint liaisons. The committee also discussed the merits of retaining the C.O.W. meeting for informal discussion and finalizing details. The committee also talked about special meetings, how much time is needed to call one and the number of Aldermen needed. Forty-eight hours and a minimum of five people are needed to call a special meeting. It was suggested that the time limit be waived for a discussion on an item that has not gone through C.O.W. or a committ ee. There was concern about not having enough time to discuss matters under the time limitation rules. After a brief discussion and an informal vote,the committee voted against automatically waiving the time rule on matters not first going to committee. Alderman James said he felt the committee would lose some checks and balances if an Alderman requested on Friday to place an item on the next Council agenda. He felt the Mayor should give approval to have an item on the agenda for a check and balance. Alderman Spears noted that Aldermen can phone in their vote or opinions. Five people are also needed to pass an item. Page 7 of 7 Also discussed was proper etiquette during a meeting and the need to refrain from degrading, defaming or negatively challenging another person. The chairperson may rule an Alderman out of order in that situation. If the chairperson is out of order, a vote must be taken. Attorney Wyeth asked for clarification regarding the time limits and the items to which they apply. It was noted that time limits in this document did not apply to citizens. The Mayor said he does not think a limit should be placed on a citizen. A time limitation of 15 minutes for developers' presentations was recommended. Attorney Wyeth will make the revisions to this draft. ADDITIONAL BUSINESS: Alderman Munns asked if any ordinance covered fences around temporary pools. The code already states there must be a fence. Mayor Prochaska suggested information regarding fences should be placed in the spring newsletter,that a pool must have a 42"fence if the pool capacity is 24". There was no further business and the meeting was adjourned at 10:12pm. Minutes by Marlys Young, Minute Taker DEVELOPMENT AGREEMENT `Kendall Marketplace' This Development Agreement,hereinafter referred to as"Agreement', is made and entered into this day of ,200 by and between,Cannonball, LLC,hereinafter referred to as"OWNER",Harlem Irving Companies,hereinafter referred to as"DEVELOPER"and the United City of Yorkville,Illinois,a Municipal Corporation,hereinafter referred to as"CITY". The OWNER,DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS,the OWNER is the Owner of certain real property,hereinafter referred to as the"Property",located in the CITY and legally described as set forth in Exhibit"A"attached hereto and incorporated by references as if more fully set forth;and WHEREAS,the Property is generally located at the northwest comer of US 34 and Cannonball Trail and consists of approximately 193 acres;and WHEREAS,the OWNER and DEVELOPER seek a PUD zoning classification to allow for uses permitted within the B-3,R-2 and R-3 zoning classifications to exist on the property;and WHEREAS,the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health,safety,prosperity,security,and general welfare of the inhabitants and taxpayers of the CITY;and WHEREAS,the OWNER and DEVELOPER,its vendors,grantees,assigns, successors,trustees,and all others holding interest now or in the future,agree and enter into this contract,which shall operate as a covenant running with the land and be binding upon any developer and its representatives,and future owners of the land; NOW,THEREFORE,the CITY and OWNER and DEVELOPER,in consideration of the mutual covenants and agreements contained herein,do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein,the Agreement shall control. I ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit`B". That the development of the subject real property described in the attached Exhibit"A"shall be subject to approval of all Ordinances of the CITY;Site Plan approval,engineering approval(by CITY staff or outside review engineering consultant as elected by the CITY)and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance,Subdivision Control Ordinance,City Reimbursement of Consultants and Review Fees Ordinances,Municipal Building Fee, City Land-Cash Ordinance,and City Development Fee Ordinance,payable at the time of Site Plan approval,which have been voluntarily contracted to between the parties and agreed to by OWNER- OWNER agrees that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance currently in effect when development approval is requested,unless provided for differently in this Agreement. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in this agreement,in which case this agreement shall control. ARTICLE III SPECIAL PROVISIONS DESIGN STANDARDS: The below design standards are in addition to the required standards of the CITY regulated by the City's Appearance Code(Title 8,Chapter 15). 1. Single-Family Detached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front fagade* of 100%of the total units. b. A minimum of 75%of the front fagade*of each building shall incorporate masonry products* c. A minimum of 50%of each building glevation shall in_c_orporate_premium_____-_- Deleted:*.de siding material* d. Primary structures shall be constructed upon either a basement or foundation —`slab'construction shall not be used._________________________________ Deleted:.. 2 2. Single-Family Attached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front fagade* of 100%of the total townhome buildings. b. A minimum of 75%of the front fagade*of each building shall incorporate masonry products*. c. A minimum of 50%of each building elevation shall incorporate premium____ _- Deleted:fagade siding material*. d. Each unit shall include two(2)enclosed parking spaces. 3. Commercial Design Standards: a. All `Guidelines'within the Appearance Code section`V Criteria For Appearance,4.Non-Residential,b.Building Design, 1.Commercial,Office and Institutional Uses,b. Guidelines for unbuilt sites' shall be required applications. b. Signage: i. All freestanding monument signage must include a 100%masonry product*base no less than the width of the sign area. c. The retail user known and labeled on the Concept and Preliminary PUD Plans as"Home Depot"shall be permitted fencing surrounding the outdoor sales area at the north side of the building to be up to twenty feet(20')in height. RESIDENTIAL FEES 1. In addition to all required application,permit and connection fees the following fees shall be collected for each residential unit at time of Building Permit: a. $2,000 City Road Fee b. $1,549 County Road Fee ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. 3 o United City of Yorkville Memo 800 Game Farm Road ;r. 1 sac Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 CE Date: August 7, 2006 To: Mayor, City Council, and Department Heads From: Lynsey Johnson Kawski,Administrative Assistant Subject: Supplemental Packet Information Attached is supplemental packet information for the August 8th City Council packet: EDC #1: Kendall Marketplace 1. PUD Zoning Plat 2. PUD Concept Plan 3. Schematic Design 4. Overall Plan: Character and Concept Program Attachments I SMITH • r N ' °„"` Q KE�1D PLC' VN1� PLANNED PLAN ENGINEERING CONSULTANTS , INC . CIV /S con 52C ON G E PTUAL UNIT D EVE L O P M E NT Yo , ILLINOIS 60560 PH: 830-5537 80 FAX.• 830-559-7848 ,. �. , •cv« � A`, S R,D 0 All Oq w vw.omithenginearing.com E-MAM we®smithengineerina.com •' „ " ` „ „' " Cf„ !'"'` `( ,`� 2� r1[cHSNRY ■ HUN14.EiC rYORKVILTE K'l` c . N 14 , MARKETPLACE _ r 0 ,' ILLINOIS PROFESSIONAL DESIGN FIRM � 184 000108 - „ - �' PROPOSED ZONING P . U . D . (COMMERCIAL AND RESIDENTIAL (& Rw2 AND RM3) ) t ' � QR ! ! COMP. 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DETENTION r x f � /}r r% ;: it ;.f , r,.✓,, 4 i ` �i ...... . l-tWL = 631160 , ` ;' f "� ., to et r° ,,' `> , ,, ��` BOTTOM 623.50 { x f ,. el .J' /It xM II 2 ; (BOTTOM OF POND SHALL CONTAIN TOPSOIL � '> ,,' ,. f- , & SAND MIXTURE AND BE VEGETATED) r f , \ f / / ''' ef <;\ • . �r / `' " ,,.,•r/ , ' r f r i II `��' "`". `- h` `r,.r to j •# ,� • • ..le k ,rrr J , } 1� ,.....,. 111 / i i• i' i J,l' j , �� , Jr / • /" 1 i y f f ,` i ! � # • • • f` '\.,,..n. /., "' v"�•-,..„,.. / '�^..\ ~ ` t tl �•-r•..•'"' i � i r • LOT 15 .m 1. 71 AO __._.....' .! _..•.. _........_.._., ,�;� � „ . „„.,„ ., „ .. ,w _„ „„ , w ..« \, f 1 f'J t � � � 3 , ri J I o� ! F/F 63775 E,l�i �r�r x to t/ LOT ...19• j `'1. ,.f• ,a, k: """•"^•••a„.., � � .. •• ,,,,•, „•., �•,'......„..._..„..„...• „„'".`„^•`.w•'-„'... .„„_ „ ,,-,-.„,....,,,,,•, _.„w................„„ "" •.......,. �.,,,,,„./.,',..".. a.w.,.w p,.K n,. L „ ,wn, R'`•.. '^,J>„,6w.•v.i...+ I i'f fji }= Y 132 A { `,r 'j f f )` .; t�•A'� ` VI iR SUQ - ` = 637)00 • OIL► ! r ,� ; . ,. •" S MITH ENGINEERING C O N SU T ANTS INC. 759 JOHN STREET ; r '' 4 • ` r•,,'''✓` ,. Y .:'y=4`nJ IF' < `€ t r i & . Jnr ` / ';• E, i, <: f ,e n: r ...n,... , rr LQT'-'. l3 ` ��` j i ; 60 , r• II i` II r it 4 : / ....... rJr` t �.:" '� 8 LOT (630) 553- 7646 , ,$ r R LL IL 605 ," 1 �i / r d \ if • i' •�•/ 1/V AC „ ., '' rr ` 1 7 r' i s! F - I , J n ' ' 9 !02867 PETAL S.F. ;✓" . t ' YF It 637. : f PIpOJECT CONTACTS r` RETAIL F/,e. - 636 70f. i ' : i f { ` ,' ,' PETER J. HUINKER P. E• , DIRECTOR OF OFFICE OPERATIONS to „ I r �19 l€r ITAIL 0 /°° t t - 1 f 1 I > ° f f ft r (630) 553- 7560 LOT 16 �,(/\/ �/�/,(•�(��] 86.45 F. f >' .._..... ` } , t 34 VII. \ 1 - , ` > r .t> `- L,L' n"'hl.,.,,. T f h f j u'' `•} , 4e $ ' r � j r A� 4 1F = 36 , 70 /F 6 . 6. 7 r i t � r ;; k ; ? � ; r f ;° n iI t` f. SCOTT J. MAI P. E., CI V/L ENGINEER ' F/F ` 637.50 k; „. '' of ,t > 'i I RETAIL �• �o �` '� o �,,, , f # 5 ;,' f r 1 W', I' f 111 '7 ��,r' E;l s('•I I`-- , x`30.000 S•F• Q ,; ' RETAIL ,. -> Alt. �. � �"�� ¢`�'��+" � t � (630) 553 7560 ` 6.460 S•F. 24 tp. . L { _ ; 00 S.F. f AlL F1 = 6 "� 7C I` ",''\ r1 r -- { . f << - 636, 70 // = 0 , 6. 70 ,,Q+ 4 . ( (�/�,�J^-1 ,., ` ' Y ; <' ¢ 1 •� ` .,. n,....,. ' I r .x ,)• \ t LQT'r 12 , LO ;r7J x - \ ,.. }fr > PROJECT , • ,,,..,. n..,.,,... .,i. `^, J � ` •' te. ::, .v., n.., i%' f i` ,r } ? : , , .r.w.....ia „wv ; V 6 . „,..•. ..,„,.a, .... m• - 3 % a `+:S :' r 2 ," r 1 , ;!{Q , k `,: «,. „,..„ rof ,: `v............... ..:............, 1 : 3` (, f ° AREA > LOT 10 9s sit i _•" :w ,w,�•ow. ~..-I.,•,„... ,_ i % t g. I ' o�ll�i i 1,1 # I k,,,S �F ` } •°Y, t ' f r t Ft ' j ff } /' '` •¢` ..,a f9 III {63730 C / j eta./ ,.sM love ,, _ „ _ _. I _ „ _ „„ _.„ M „ „ _ "'�'- .t ;; f ` \ r # , 1k., ,� Fl rstcu• ,Boy iK /d+2. 34 4. '' k ,.. 7 • Al i I ---- ....,., ••,`J`' " '•'w••• .. N>rw'•,+„ `' r f I `v > c `3 ,7 ZI I/lir�ols Trust ;•• i,'"` `_` � / „ ' "f „- « f;. .. .' • „ � � ,,I '`►� � ssd AtO. 949 $ Fr s�• !r f• ✓s"' / .,. .,. - ,,.(.a•„.. v. ,,,v,Y/ , • S,„„ ` _...p, ".r "v „„.��'' n n ` W .,.N a f % x „,." _ ,J•," f „✓D .b,•..„. ✓''M..�,,. ,•.... a✓ „ ..(•,,„ ,..., r +' i Onl� [ •'1 / t ! ',I i ;f"„".,.yn.•,... ('.�„�jj ,./ ' 1 p .,+b•• -.. ,k,. •«.°r, w,, .. ••p'+.,,`: a..G••..f.„w.,r'`a '• .,,,.,.#>„,,,, n ..„... r ..' , .. f Q r 1T ` /�•, ` `t.n . r �' „. .,",``'' ''• „' •• ...bv."... . „,a",,,,.. ..,.ter W . ..•n•h ,..s•..." ?•.•. °....,,,•j, ...✓~' '^^, 'f„`.' ...,::,.w `' f >> 7t, f t > i r r`s > 17, •� •S " t��, 'Y ` , • ;''`` ...:. "...`„'#•.••• .. t t 1. .,./' / _.. <» r , •• aae :a>=...„„.• -~ ••` Y 1' LOT /I • ' kt„✓ •,_,„„,. ,} __.€•„;,.,. : ,„ /'""-• "•„ht tC^• ,r•••,„a...,•.,. ° ....,'.✓ -• : :„.... ... .„_..d.,,w, `• n.,= . ,„,•t..:„. i •, f ' � �..,:.,"' :f: ... . .:.. C . W `.49 V O .- t > f \ ,~,••„•f.,,„.„ ..„„ ,.t,,,, ' ,•tee,*:,•, _ ^- '•- .,,. ...,..."a,,.•.. ••ki,•n,,,. ..., 'a:;; •dk,•y,,,,.,.n.,.�„„.< - -"\ ' . . SITE DATA PAQKIN�G - _ _ .. Y ., « _ �_ _.:�; ,_. < _ ,.,.. „ .. _ \ �.. ,' t i e o"VIV LC %t r f ., w a ., / ., #.._ , .. �#�"'r�f ::_ .: i / f / 4a 9 I ' l '��:tg,Y v II, J � w .... .,,. �' ««f.„„.,. .r'.,. - :" r ,T. F >• »,E.».,, . f :{•„•• „q., ,. ,.,, ,.., . , rn . .S[•L7(L/ r 8 i I� I N 5 I I 11 I .. E T PROPOSED „. •-/- �• o I { a v t ' , h ' I t, r I , w x- e k MM Vr ,w n: ; , v : : r , w r .... . . .. . . . : {p k KI STALLS * `., r „ N .. • _.,",r•' .... .. /,..., .,, :I•- _ I'. •f NUMBER OF PARKING 6 r ., ..,. a w., '', 7.01 /may „ (o 1 I. t� # r , MI t yr, , , k 1 { f I W _ �i/QCJ�ISGLtO/� E •�„„ `4 , r F t 0 n >C \:• T•• 3 �„ \ r 4 ) sb Y 03 TALL 12 .. „. NUMBER F HANDICAP S • Z U 0 CA S # r' a e „ j f r- i a1i f , , # > J , k b. t t„ '• 11 ( rr I F.A. ull I,; It TOTAL NUMBER OF STALLS . 478 f f a f r f• M r F { J - # O # r 4 { f N'" , k; l J * T Y P I GA L ISLE WIDTH : 2 6 1 ( TYP . } O J +' ' # # J T 2l r r' S �v w R 4 0 .� ✓' i ,. * . O\P B � - . TYPICAL P ARKING STALL WIDT H: 9 E , ><"\4 . k 2 �i ; �„' ...r! r ,,..:.., ..,,n.,/'• ! 3 t # 3 ff f g r#•j� r- f .. Y f J r l 3 J 4" _1 • # , r x F r r {,#{•#, E# # �t / ✓r >r N'} + f r !O 4 d$ J � . .• .. tQ C sw h d�` , C♦ " ' Cya J�Nt, m c t r 3 L J ai c: 3::I: L 49•- . �•s JJ PY TYPICAL PARKING STALL LENGTH 19 1 52 AA` . Or / ,PARKI NG RATIO PROVIDED 4 . 5 1000 f ./. 'Ilk T ARGET PROPOSED : > fir!•^.;:;!; „ f i I #• t V• * ♦ vn N # { 1 't s � s 3 f r ,f' }! ( B [ I # �••F f r 4 # r f!f i i F( € ## {3 #: f f # r x : # R ri r, R 5 g i + 1 , ' i R, E rA�•NJ✓ i # i x €f' L € } € �r _ t, , Lr I a� t a i, €`t ` ri r f r F/ 3 l 1 f I J V•' N V V V 4 O� 0 N U MBER F PARKING ST A L S ' 9 07 J Ct`NUMBER F HANDICA P STALLS : 1 9 O lei� S N . V j M 3 L � r f 6I / l TOTAL N U MBER OF STALLS * 926 _ • a h T r # T a €? 'JM . , / # f • , / r ! r. # ? # i F r> r ' # i r A _ . ; � (,� r O 9 1 £ e # } 3 h. f t f < # t # # 1 £ �i F ( ' e .l' i f � ! ,n � r a /`` .t J i 1 � # IDTH • 2 TYP. „„ TYPICAL ISLE W . ` , � CA S 5 f t s ./ QC # r r �� f \ r 1 $ # , � r r / .F `000 / 1. R Its' 2 A Q� S 5 f , r t # a �„»• F t', ff ��-' ` �- ' r NOT TO SCALE 198 # €, J t # i # r # . # , a * f F/F - 7;20 , t # # t # # f ai , „.ti,�f # . f F/F 638.10 TYPICAL PARKING STALL WIDTH : 9 I ,,�.f {!7s [ #' # : € Or1 ...� f f f £ ♦ V i # t i € .:'�i � r i� '�, ' f r £ � : ,S` 46 0 / `.Y � (/14 E ) # ! �. € # t # �r€�S t i (` - �C ' RETAIL # i # E ` i i i r 3 VBD` * TYPICAL PARKING STALL LENGTH: 19 ' S8 -. a ; # , ./ :i` 3 # i # # , f - �V �' 3 212 $.F. d LS CiJ f` sZ t ; j { # # • = f. :,.rrr •' ,E " ` . ./' /2 f •d . F f , i # ( f� K `' e A�j/•�/ fj /rte• /��►"o ' e OY ,k ., i 's • # ,..Ny' Nr ik f ` Y `3S- ' > 3 # # „ .�# f j • >.. f,. //- - Jv 7. 20 • �r • i 3 t F # t iiv . QA� A� Q , � sil "AID VSf� W�I'"1/� / All PARKING RATIO PROVIDED = 5 . 0 / 1000 �h,> �• # i � - € t # # ' # ' ° # �{ d f # f �l f k DO ' 'V 1 , 3� og OF t # UL R f # RE cOVN ,� LAND USE ACREAGE TOTAL ACRES REMAINING PARKING PROPOSED : # # r N AL1 . # hETLA D ARF4 (TYPO # f r # t °` # I # # r�. ta # # . # € 1a t J' C�CE COMMERCIAL LOTS 1, 14 & 54 99. 15 ac. 52R' * NUMBER OF PARKING STALLS : 2085 ; �: 3 I ` " '"£ '+ ' "' «„ ; i # 1 ; # E i # E { I s COMMERCIAL OUTLOTS LOTS 2- 13, 15- 19 26. 49 ac. 14X w: t Jls ' # # # # ! �' ' # i # , a £ € f € # # ' .. , € £ i ii 4. CIVIC USE LOT 20 8. 36 ac 4X * NUMBER OF HANDICAP STALLS : 65 - ? t # ! # # # ,_ . » - r ! # # # # , # i` t....✓ # # # `• > t ' fp - ; j , _ ;' ' # # . f f ,� OPEN SPACE LOT 21 3. 28 ac. 2Z V/Y/ N,;.......M "` { f` # \ t t # < t .� 1 £ � ., • .. �n � � � � # # r • `..".+� �52 ACi r� f l � � # x LOT 8 * TOTAL NUMBER OF STALLS * 2150 j i f _ „„ �`+` i # r # ; _ ` f DETENTION LOT 22 4. 39 cc. 2X » , : - - '.,c , /,' # # •# /=/7=".,x.... 3 ,4 p .' R. O. W. TO BE DEDiCA TED 15. 71 ac 8.`L' * TYPICAL ISLE WIDTH : 25 ' MINIMUM ( TYP . ) } i I e I.: ..,N. 1 ° # „ ` f�/ „,...w. „ b „ ..._ �� R 0• W. TO BE CONVEYED TO LD. 0. T. LOT 53 1. 15 ac. Ox ..r:r' .� S� � � _ : •'< ,r^•„ 's' `� ° # # # . # # �' �`�" . , „�• J jf� yon, � ( •; .. f . b ,, n..N f # t ,-� „ " #. b•1 < ; ! t # ' ` f4. ? 1 f SINGLE FAM1L Y DETACHED LOTS 23-50 8. 75 ac. 5% * TYPICAL PARKING STALL WIDTH: 9 & VARIES !f r' t # ' # # # �' i" ; n E ' l f \'' # ' t p" "'#' „ 24469 S•F• € ; f `�� MUL 71 FA MIL Y A TTACHED LOTS 51 do 52 24. 82 ac. l ix * xr 3 3 t ! # , ... Fir.... = 637. 50 .f w .,.• TOTAL GROSS ACRES 192. 10 ac. 10098 TYPICAL PARKING STALL LENGTH : 19 & VARIES r i' # t #' (9 {lt �jf -- .J`f,/ k # r # a € € j e ' # # rt .. .- • M ,,, \ \ >..w`.. S\ \ Is # { ,.,^ai•... * PARKING RATIO PROVIDED = 4 . 3 / 1000 �''� CA ` i # r ; # # # #a fh f / } r `' fi a# ` # € ` # ° # : ' >` LO 7 f / s ` TOTAL SINGLE FAMILY RESD12ML UNITS: 28 -TOTAL MULTI-FAMILY RESIDENIAL UNI7� 164 ree' • # I t # ? ' t f . f , # t # i i i , I " LOTS 23-50 LOTS 51 - 52 € t r ; f ; N MIN, LOT SIZE: 12, 560 S,F• MIN, LOT SIZE. 236, 979 SF- ellot' 4 0 Z �.. �� » f F/F 6 40 /,,/ SF f/' 8 AV1G LOT SIZE.. 13, 612 SF. AVG. LOT SIZE.: 540, 600 SF.IIIIA I, I�- A 93 S. F. MAX 21 ,, O � j � j r LOT 2 � £�Fr '•• «` .( ' \ � � r�,� 't N68�45'43"W �. M X LOT SIZE 31, 7 M X LOT SIZE. 44,2 S. F. CENTERLINE 0 r # +/- 1.39 AC LOT 3 ` � € ` ` ' 'j ` � DENSITY DEN57TY / `\• :+ AO 17' ^ 4 - RETAIL. v t - t 1 28 UN175 164 UNl7S •� F/F 6,37. 0 1• < = 3. 20 UN17S PER AC (NET) U C ET r 4. 37 NITS PER A BOUNDARY LINE - • 75 AC Z57 AC (NET) : : ; SF/F N . r � �� h x3 - <63750a��gJ •„.,> .... .:� aa.- 3 �., �»....�r LOT 5 � �- � RET #C. � ; • �; 8 3 N 6 - f 28 UNITS 164 UNITS �� ' F 636. - s ; > _ .3 20 UNITS PER AC (GROSS) - 4. 37 UNITS PER AC (GROSS) --- - - RIGHT OF WAY LINE P-- r : a ;,..f� - F/F - 63800 ••_ f , ;j f e 8. 75 AC 37. 57 AC - N� J, v ✓ . LOT 6 , ' > LOT LINE c ' / ; .. .. e (/\, 1 t Sy y I : I -• .,..,,, f'� �•-�/•� > '�' > "" n• •`• +/ 2•� /1VI ` ` \b.,.... ' Y` !tt i` d t , , It 50 L,4ADS AfPE,q `s „ F/F 638.20 BUILDING SETBACK LINE w t 3 r N -- ' # iE # # ' # ' # i '""' I. _-- � ' .. f .`l \E ° COACCEPTUAL PLANED UVIT - - - - EASEMENT LINE ` `° a •. . to t . .., n.. „ .. ..w,.,....w... . , a o. .,.,,...x:57....:,",. ..,rrt as # ' J` # f # # f } r...,•._,. 'wv"„un",„,wr•,,,,w„„,,,..,,x•,u•,.. vW n.,,.,,.v..rv. •••`•^«.„,"w4,W„ •"`n I � J - . . �,.„-...„,..- ..... . .. r ,...µ . . .. ..„,..... w... .. , . _ w.. ,,w,,.w.;.w Lanm S DALL MA2k� PLAC E A i r . y,,-,y.:........... ,_.,..,.,.„~.,, ,,... -••vn,,.........•„,•, ....„..,,u.Y.sp "ergs.=::�c••nt• ..,..,,. . . _ f..rf�r�..�,� CALL JULIE 1 - 800 - 892- 0123 J_ w• „ ••�,••,.e. ,: ': „-. �....„... , _-""' "'- ate. , ,---- . o � r . .t • � 8 OVERALL TE P ..,n S LAN ............ f .. -----. _„ . „ •. ._..._.,„. .. _ � s. - ALE S Wl7N THE FocLON9NG: _... � .._ . _, �-,�.�„ �w��.w.. -'---- . . . -��-�::....„. •`_� „ �`�' . . GRAPHIC SC COUNTY KENDALL r�� _ ' -ICI •�N „ : a a ; ' „_ „ W a: c CITY- TOWNSHIP YARKVILLE BRISTOL TWP. _ „ „ '. r - �- - ---_. . „„, w Aso o so � 2o uo REVISIONS DWN BY: INT: DATE: PROJECT N0. SEC f9 20 ; / 1 :» ¢ . y .ww . .b, „ . Ms �.„ . :°„aW . �`-» ; r. - »� : :: ... SEC & 1/4 SEC. NO./' - -� „ N.._ .» ro 10 s,AU 06121106 JGS 05126106 060161 - 1 ""Now ooi000 •....,,„w• ""„"~ n ''« 'V «` •„•., e f , f Z KJB 07105106 DSN BY• INT. LLE f�: f�:• ••• ..'-.• _ .,, g,�.. -, HOW SCALE: SHEET N0. 48 hours before you dig .� " - (&dulll Sot• Sun. & #lol&o) ``(OR •.^lam S ( IN FEET 120' ) SJM 1 - 1 inch = 120 & 4. CHK BY: INT: VERT SCALE: 1 SMITH ENGINEERING CONSULTANTS , INC . CM/S=UC'1ORAL BNGMEBM AND SURVEYORS ZONI.NG. EXHIBIT 759 JOHN STREET YoR1CV=o 11=019 60680 PH: 890-563-7580 FAX: 830-663-7848 WW W amithengineat3ns.com 9-11AIU ,ss smithoasineerins.com M l[eHNY M HiNrl" : MYoRKv=YfIRKVILLE HIMON PROMMONA D=GN F= # 184-0OF 00108 UNITED T COMP. FILE: 060161-zon plot. dwg PLOT FILE STANDARD PART OF THE SOUTHEAST QUARTER OF SECTION 19, WEW 060161-01 PART OF THE SOUTH HALF OF SECTION 20, AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS A�-�- �_� �' ,q,..� � aurc �-212-�a�•�rar SOUTH UNE O NE 114 OF ,� . N R•.� MMOS QVCve LVT 2 P•0`L SEC 19-37- 7 19 20 fi _ LAALF 6 ' •g5 „E �.�q� 19 20 � . , r �r �@� i... ,� t C 25 TA I S �. P ,� 6s' _ Ycxkvllie Lrl'VlT 2 `� �� v L,� Y Ile �2 ry P.Dnc �� ' Q�, �4 � � � 2874. 1 P � ' Q • QY M . g� p.WJ 24Q CANVOW.4dl. ESTA TLS PROPOSED R-2 ZONING 5837108"�c- Q ni pJK 3 I GNAT PART OF THE SOUTHEAST QUARTER OF SEC7701V lJ, PART OF 96ie SOUmft-ST QUARTER of 3T8'� , YCarkV/lle Q-2 SEC770M 20; 70NINSH/P 37 NORTH, RANGE 7 EAST OF 7HE THIRD PRINCIPAL MERIDIAN DESCRIBED AS ©�/"1�j/^1CGT ^! ZONING : 2' 66 P FOUOWS# COMMEN01NG AT 7HE souncA,ST Comae or 7HE souzi£i4ST QUARTER of SAID SEC71t7N T V VSED O V! 19; THENCE NORTH Of DEGREES 13 MINUTES 53 SECONDS WEST, ALONG 7HE EAST UNE OF 7NE 4 SOUTHEAST 00 D 19, 7 a T THENCE �58 sMINUTES 07 YORKVILLE P. D. �7 �w PiN SECONDS 7s19& An m x AoRto Dro 23 U ows iT 0 p ; FEET FOR 77C POINT OF BEGINNING; THENCE CONIWUING NOR7N f6 DEGREES 23 MINUTE'S 58 o EX�STiIMG ZC1Y1�1K3� Yorke/lle A-I 58, 16 S06 #48'52"W 365. ,Sr ' SECONDS WEST. 1101. 10 FEET TO A POINT ON 7HE NORTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 79 DECREES 22 MINUTES 55 SECONDS EAST. 258.96 FEET; 7HENCE ^ p ."N N 71 'Otg"w ''"'�---- SOUIN 83 DEGREES 11 MINUTES 08 SECONDS EAST 2874. 13 FEET, THENCE SOUTH 06 DEGREES 48 4/, 64 A cres More or Less . 0 N 0,p' q7 MINUTES 52 SECONDS NEST 58. 16 FEET, THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT WITH A Z 407, 1 � +� � ) q • '# RADIUS OF 71 ZOO FEET AND A CHORD BEARING OF SOUTH 13 DEGREES 32 MINUTES 32 SECONDS 8 " 5. 90 N3079 32 W WEST, AN ARC LEN07H OF 16&38 FEET; 7HENCE NORTH 83 DEGREES 11 MINUTES 08 SECONDS WEST, w ( o4 0 �� N83y108 W p.IN 447. 18 FEET,• 7HENCE SODU7HEASTERLY ALONG A CURD"`A7 THE RJGKT WTH A RADIUS OF 43300 v+ EAST LINE OF SE 114 OF Ark Q '1' R, qy 32p-� FEET AND A CHORD BEARING OF SOUTH 40 DEGREES 50 MINUTES 43 SECONDS EAST, AN ARC LENGTH ''� (� �' c ? cQ ,�, O„p OF 14803 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 121 !1 FEET,• THENCE SEC 19-37- 7 �y� "� • Q �� 752. &2 ' �• "' " � , V , ,� s3 9�' NORTH 58 DEGREES 56 MINUTES 55 SECONDS EAST 7.00 FEET; THENCE SOUTH 31 DEGREES 34 5 �g ,�& 0 ; N837108"W IQ s 12111 N58 10#0 E �` ?a MINUTES 34 SECONDS EAST . 6 59 FEET ?7�rilCE SOUTH 57 DEGREES' S3 MINUTES 58 SECONDS WEST, * . *55 » ly 8a0O FEET; 7HETNC£ NORTH 79 DEGREES 30 MINUTES 26 SECONDS NEST 44474 FEET* THENCE "1121 ? 1 , Y� �`}Q''' 444 74 N79 :3 C1` 6. 59' S31 "34 '34"E NORTH 83 DEGREES 1t MINUTES 08 SECONDS WEST, 75262 FErT,• THENCE NORTH 57 DEGAS 16 5 ��•10 1 �' p'26 "W 100. 00 ' MINUTES 36 SECONDS NEST, 66.00 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT �,� � • WITH A RADIUS OF 36ZOO FEET AND A CHORD BEARING OF SOUTH 51 DEGREES 14 MINUTES 20 .. 1 L COUNTY G•8 y' S69 D�� N21 '40'JI T SECS NEST AN ARC LENG774 OF 23720 FEET, THENCE SOUTH 69 DEGREES 45 MINUTES 15 3 SECONDS WEST 121997 FEET• THENCE SOUTHEASTERLY ALONG A CURVE 70 THE LEFT WITH A RADIUS A4 I ��'� 1� 2y OF 433. 00 FEET AND A CHORD BEARING OF SOUTH 58 DEGREES 18 MINUTES 15 SECONDS WEST, AN C, B. N 19 74 '01 "W S �sti3"• Q 004 (DOC. NO. �T. THENCE 17106 TH 4�•GRE E�� MSIIN�UTES 45�SECONDS*EST TOOT FEET; THENCE SS'OUTH 46 R-950. 00 / st932+ 1 200400025494) DEGREES 51 MINUTES 15 SECONDS WEST, 449. 11 FEET.• THENCE NORINN£STERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 690.00 FEET AND A CHORD BEARING OF NORTH 31 DEGREES 36 AN ARC LENGTH OF 22164 FEET 7HENCE S007H 67 DEGREES 35 ` 010 60. 76 MINUTES 57 SECONDS WEST 260.00 FEET; ?HENCE NORTHWESTERLY ALONG A CURVE TO 7H£ RIGHT 260 , ' i rp S46 '51 '15 "W .��r � W17H A RADIUS OF 951200 FEET AND A CHORD BEARING OF NORTH 19 DEGREES 24 MINUTES 01 SECONDS WEST AN ARC LENGTH OF 99.51 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, P.O.B. f6� 3 m �N� �'` , KENDALL COUNTY, ILLINOIS Q-2 ZONf�'1K'.-► c . g• 7. 00 „+• y j •o3P 6 N43'08145"W •�q qtr. PROPOSED B-3 ZONING THAT PART OF THE SOU771EAST QUARTER OF SECTION 19, PART OF THE SOUTH HALF OF SECTION 20 AND PART OF 7HE NCIRT7HWIE"T -QDdA137& R : AECTAW-29 71' WVSMP 37 NORTH, RANGE 7 EA'W OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT 7HE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAND SEC710N 19; THENCE' SOUTH Of DEGREES 14 MINUTES 12 SECONDS EAST, ALONG 7HE NEST UNE OF THE NONRTHNEST QUARTER OF SAID SECTION 29. 37&99 FEET TO THE P• ��p-� NORTHET?C. Y RIGHT OF WAY UNE OF U*& ROUTE' N0. 34, THENCE SOUTH 85 DEGREES 32 MINUTES 10 P.I N SECONDS EAST, ALONG SAID NORTHERLY RIGHT OF WAY UNE; 198.132 FEET THENCE NORTH 57 DEGREES 14 MINUTES 17 SECCINDS EAST, 74« 77 FEET TO THE WESTERLY RIGHT OF WAY UNE OF CANNONBALL TRAIL; THENCE NORTH 21 DEGREES 14 MINUTES 17 SECONDS EAST, ALONG SAID WESTERLY RIGHT OF WAY UNE; 471200 FEET. THENCE SOUTH 68 DEGREES 45 MINUTES 43 SECCNOS EAST, 484110 FEET TO THE CENTER LWE OF 5440 40NOWBALL TRAIL; THENCE NORTH 21 DEGREES 14 ILA MINUTES 17 SECONDS EAST ALONG SAID CENTER UNE, 1261.58 FEET TO A BEND IN SAID CENTER LINE*• CENTER UNE OF 7HENCE NORTH 21 DEGREES 40 MINUTES 31 SECONDS EAST ALONG SAID CE/7ER UNE; 646059 FEET 70 CANNONBALL TRAIL 7HE MOST SOUThE RL Y CORNER OF LANDS DESO WBE D IN DOCUMENT N0, 200400025494; THENCE P•�2.ppt NORTH 63 DEGREES 49 MINUTES 32 SECONDS WEST ALONG THE SOUTHEES7ERLY UNE OF SAID LANDS; N 140. 7HENCE NORTH 21 DEGREES 40 MINUTES 31 SECONDS EAST, ALONG THE , P 2' 30' WE NORTHSTERLY UNE OF SAID LANDS, !01200 FEET 70 THE MOST NORTHERLY CORNER THEREOF; rn 1HENCE NORTH 63 DEGREES 49 MINUTES 32 SECONDS WEST, 30204 FEET,• THENCE NORTH 30 nS DEGREES 29 MINUTES 32 SECONDS WEST 6&90 FEET,• THENCE NORTH 08 DEGREES 16 MENUT,ES 29 PROPOSED ZONING ] SECONDS EAST, 13& 75 FEET TO W SOwU�„MHO: :' LINE OF CANNONBALL ESTA7ES UNIT ON&• THENCE NORTH 83 DEGREES 1 f MINUTES 08 SECONDS WEST. ALONG THE SOUTHERLY UNE OF SAID CANNONBALL YORKVILLE P,U.D. ESTATES HN SOUTtH ''06 DDDE 412 IINS`U�7ES552L �0 *EST�5a 166 F ET,# THENCE SOU77HENEYALONG A CURVE TO 7HE RIGHT KITH A RADIUS OF 717. 00 FEET AND A CHORD BEARING OF SOUTH f3 M(ISTM ZOA#Ws Ybiftlft A4 DEGREES 32 MINUTES 32 SECONDS WEST. AN ARC LENGTH OF 168,38 FEET* 7HENCE NORTH 83 DEGREES ! 1 MINUTES 08 SECONDS WEST 407, 18 FEET.• THENCE SOUTHEASTERLY ALONG A CURVE TO 150. 46 Acres More or Less OAK I04OL.L.S THE RIGHT WITH A RADIUS OF 43.100 FEET AND A CHORD BEARING OF SOUTH 40 DEGREES 50 � ' � MINUTES 43 SECONDS EAST AN ARC LENGTH OF 14aO3 FEET,• 7HENOE SOUTH 31 DEGREES 03 60 MINUTES 05 SECONDS EAST 12111 FEET THENCE NORTH 58 DEGREES 56 MINUTES 55 SECONDS EAST, ZOO FEET; THENCE SOUTH 31 DEGREE'S 34 MINUTES 34 SECONDS EAST, 6.59 FEET,• 7HENCE SOUTH 57 DEGREES 53 MINUTES 58 SECONDS WEST 80LOO FEET• 7HENCE NOR771 79 DEGREES 3O MINUTES 26 SECONDS WEST, 444. 74 FEET; THENCE NORTH 83 DEGREES It MINUTES 08 SECONDS !r WEST, 75262 FEET; THENCE NORTH 57 DEGREES 16 MINUTES 36 SECONDS WEST, 6&00 FEET.• THENCE AL.L COL4VTr P BEARING OF SOUTH ALONG DEGREES 14 M MINUTES 20 SECONDS WEST, AN ARC LENGTH OF 23720 FLEET,• '� 2"�"8T THENCE SOUTH 69 DEGREES 45 MINUTES 15 SECONDS WEST 121.97 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO 7HE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF SOUTH 58 G DEGREES 18 MINUTE'S 15 SECONDS WEST, AN ARC LENGTH OF 17406 FEET; THENCE SOUTH 46 DEGREES 51 MINUTES 15 SECONDS WEST 6a76 FEET,• THENCE WORTH 43 DEGREE'S 08 MINUTES 45 198. 00' / 2 7HENCE FEET,' 7HETNCE SOUTH 46 DEGREES 51 MINUTES 15 SECONDS WEST, 449. 11 FEET; P SECONDS ALONG A CURVE' TO THE RIGHT WITH A RADIUS OF 690,00 FEET AND A CHORD° F ET• ENICE SOUTH 67DE 35 MINUTES 57 SECS OWEST£26aOO � THENt� 221,64 �` ` •si•• 8 N8846'07"E W (4 W! LINE OF THE NOR7HWE�a7ERLY ALONG A CURVE' TO THE RIGHT WITH A RADIUS OF 950. 00 FEET AND A CHORD SOU7HWEST QUARTER OF BEARING OF NORTH 19 DEGREES 24 MINUTES Of SECONDS NEST, AN ARC LENGTH OF 99.51 FEET; W p SEC77ON 20-377 P•l14 7Hi NCE SOUTH 16 DEGREES 23 MINUTES 58 SECONDS EAST, 1311202 FEET; THENCE NORTH 88 n1� SOUTH UNE OF SW 1 4 2`x"51 DEGREE'S 46 MINUTES 07 SECONDS EAST, 198*00 FEET TO 7HE EAST UNE OF THE SOUTHEAST QUARTER QFNE SAID maxi SECTION Firr To 7HE POINT OF BEGJNAN BRISTOL TOW MAP, COUNTY, LUNON T �-- SOU TH UNE OF SE 114 OF 1 • � R�-� SEC 20-3T 17 � - - - _ - T _ -- SEC 19-37- 7 ti 1 20 _ - -- - - S - -- - -- - .._ ---- - - 3 29 �. Ss$¢S� �0' GRAPHIC SCALE P.O,B. o Q • B-3 ZONW o 100 2W 4W soo of W. LINE OF THE c,+ NORTHWEST QVAR7E'R OF IL K5WAU C X JVT Y {: SEG770N 29-37- 7 pit 2"� roft lle 0 C IN ' ) A-I '" `° NOR MERL Y R. D. W. UNE � . i inch 200 ft. pdJa �" OF U. S. ROUTE 34 (�/WFSTERLY R. O. W. UNE O F V CANNONBALL �q' GUN, 2-040aO°� TRAIL NOTES* --'. ' 19833„2 ' S85'3 , „,a,a,,,,a,�,r�p,, a ZON/NG B IIBIT WINNOW Measured distances shown hereon are based upon ground coordinates, � . - so .� ,,� PREPARED 4N MAY 25, 20 �4.••• •.,.SG K WALL MAQI2FTPLACE utilising a scale factor of 1 .040032611 . F"'a'�' 100' 1�� +J� /� 1 "- �y�•CRAIG i~ t1Y•-?4¢ YD�KVI�.L� IL .INOI�1r' * This map was created for use as a Zoning Exhibit. This map is not to Z ----- '4!pKW� �� '1 PREPARED BY: : rn ' be used for any construction or staking purposes without consent from a Yorkville O C:1""� proper agent of Smith Engineering Consultants, Inc. pbta 2'�r : EWARIt * This IS NOT a Plat of Surveev, No assumptions or agreements as to Z0176d p� �� --- � �.• 0IS :040OF ��z ownership, use, or possession can be conveyed from this document. ypv//,� Q p 1 •" " " ��` REiONS 0!WN BY: iNTo* BATE: PROJECT N0. * No underground improvements have been located unless shown and noted. - CRAIG L. DUYmnM 010 to 1x0 6116106 JGS 05 26 06 060161. 02 * No distance should be assumed by scaling. Z ILLINOIS PROFESSIONAL ND SURVEYOR 2. a0 7103106 DSN BY. iNT. * This map is void without original embossed or red colored seal and YaN�cvllle No. 3359 (EXPIRES: 11 /30/06) 3 - H1}RIZ �AlE: SHEET N0. signature affixed. 4 CHK BY: INT: VERT SCALE: 1 CLD NIA ©175dA'LoDS I -- —_ ---- � PARK MULTI FAMILY ` �T HOUSING � � L_ � � i 0 CIVIC USE / 10.00 ACRES /f� WRDT„ • RETAIL BUILDING AREA-MAIN PARCEL •" ' O /�\ -PROPOSED SUPER TARGET 185,000 S.F. I( -PROPOSED ELECTRONICS 32,212 S.F. o. -PROPOSED KOHL'S 85,688 S.F. -PROPOSED FCO 13,120 S.F. -PROPOSED OFFICE 18,229 S.F. -PROPOSED FASHION 30,231 S.F. -PROPOSED BOOKS 24,669 S.F. -PROPOSED PETS 15,000 S.F. -PROPOSED HOME DEPOT 101,217 S.F. -PROPOSED RETAIL 26,740 S.F. J PROPOSED LINENS 25,000 S.F. � � • SHOPS 153,046 S.F. 5� CU - ---C� Il _.tip \ J% tia; • RESTAURANT BUILDING AREA MAIN PARCEL 4 IT RESTAURANTS 23,000 S.F. W suaes C,—� p � �� TOTAL G.L.A.-MAIN PARCEL 733,172 S.F. res.cm so R % \ o � --p 1J f vs cs• uo-s p— U �I W wu. �3,. p] WRi, DI 3 WRDI) WILD,5 ILLINOIS ROUTE 34— VETERANS PKWY II NORTH L 0 200 400' 600' Bo KENDALL MA RKETPLACE Schematic 2111 z°o-°° Design MID..^.NERICA m. aam 060601 Yorkville, Illinois OVERALL PLAN : CHARACTER & CONCEPT PROGRAM 1,1\ SINGLE FAMILY '�i/�/�•' _� PARK I� PERIPHERAL LANDSCAPES ml SING DETACHED i� FAMILY \• �.` S.F. 'ice ATTACHED �� %/ .F. DET _s'�'' `-d,` _1n' ,! Z•ti / �Fng civic USE A. 600 AC. f RETENTION - _ _ z! I s ' °.. L � \Zy�` axX €a3 � a w:i ? flue Maw.. r r /Q N ': Wit• � •k- �� '., �! 7,�4 I I 1 P-1iIN I NII:—L rI p,. 11 `k'�4'M1°ti€ ur B n I,fa, , L =1 KEN-DALE DOWN-TOWN CENTER U.S. ROUTE 34 �- - GATEWAYS & SIGNAGE � ! 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STATE OF ILLINOIS ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR KENDALL MARKETPLACE WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement pertaining to the development of the real estate described on Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, all the statutory procedures for the execution of said Development Agreement have been fully complied with; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Page 1 of 2 Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part thereof. Section 2: That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD 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 2 of 2 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF A DEVELOPMENT AGREEMENT (Kendall Marketplace) WHEREAS, Cooper Home Furnishings are the legal owners of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS, Cannonball,LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to Development of the Property, and WHEREAS, owners and developers have previously entered into an agreement for development and zoning of the property,and WHEREAS, the Yorkville Plan Commission has recommended a rezoning of the property from current A-I Agricultural District to Planned Unit Development District consisting of B-3 Service Business District, R-1 One Family Residence District and R-3 General Residence District as shown on the Concept Plan a copy of which is attached hereto, and incorporated herein as Exhibit`B". NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING,THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property legally described on Exhibit"A"from current A-I Agricultural District to Planned Unit Development District consisting of B-3 Service Business District, R-1 One Family Residence District and R-3 General Residence District as shown on the Concept Plan a copy of which is attached hereto, and incorporated herein as Exhibit`B". 2. The Property shall be developed according to the terms of the Development Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD 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 F--bc STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Matlock Property) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS,there are no electors residing within the said territory, and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County,Illinois; and, 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 WHEREAS, all petitions,documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County,Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 N ti O O W I � � O O st I o Q � v O N Z d 1 I I I Z Lv o� �o ® J �M _ J (n ws Se ` '� � - -`— —3 1Stl3 L 39Ntl8 'N 9£ 'ml X y O / 9 NOLL03S b/l 3S 3Nn 1Stl: j W �- Z � oz Q D p� 0 O� O a I � � g o w "' a° _ K'Z m p I W_Z dp O tp Qom O ° Q Wa ,00 p0 Q ~ LLI m Z U O a CL :D n 1 p° N ' O 3 Zp OS 1 pp 1. p 405 jh 1' �N EXHIBIT A LEGAL DESCRIPTION A part of sections 5, 6, 7 and 8 in Township 36 North,Range 7 East of the Third Principal Meridian, and more particularly described as follows: Commencing one chain and thirty seven links north and one chain and four links west of the northeast comer of the southeast quarter of Section 6 for a place of beginning: from thence South seventy-seven and one half degrees west, twenty-four chains and eighty-seven links thence South twelve degrees east seventy-one chains and ninety-two links, thence North eighty-five and one-half degrees, east seventeen chains and two links,.thence North twelve degrees forty chains.and nineteen links,thence North seventy- three degrees, East seven chains and ninety-seven links, thence North twelve degrees west,thirty- two chains and ninety-one links to the point of beginning, and containing one hundred fifty acres, more or less: (excepting therefrom the following descri d real estate: that part of the Northwest Quarter of Section 8, Township 36 North, Range 7 Eak of the Third Principal Meridian described as follows: Commencing at the southwest comer of said Northwest Quarter;thence Northerly along the West line of said Northwest Quarter 455.40 feet to an old claim line;thence Easterly along said claim line 436.83 feet to the Westerly line of High point Road for the point of beginning; thence Westerly along said claim line 296.15 feet;thence Northerly parallel with said Westerly line of High Point Road;296.15 feet;thence Easterly,parallel with said claim line, 296.15 feet to said Westerly line;thence Southerly along said Westerly line 296.15 feet to the Point of beginning in Kendall Township,Kendall County, Illinois and containing 2.00 acres) ' i situated in the Township of Kendall, County of Kendall, State of Illinois. Revised 8/3/06 I ANNEXATION AGREEMENT SILVER FOX SUBDIVISION THIS ANNEXATION AGREEMENT("Agreement"),is made and entered as of the day of 2006 by and between MIDWEST DEVELOPMENT, LLC an Illinois Limited Liability Company(collectively, "OWNER/DEVELOPER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois(hereinafter referred to as"CITY")by and through its Mayor and Aldermen("Corporate Authorities"). OWNER/DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER/DEVELOPER is the owner ofrecord of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNER/DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a residential known as Silver Fox. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNER/DEVELOPER desire to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. D. OWNER/DEVELOPER propose that the SUBJECT PROPERTY be rezoned under the R-2 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance"),to be developed with detached single-family residences within the SUBJECT PROPERTY consisting of approximately one hundred (100) acres, legally described in Exhibit"A" attached hereto, all as depicted on the Preliminary Plat attached hereto and incorporated herein as Exhibit"B". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on February 17`s, 2005. City Council conducted the public hearing on the annexation agreement on January 10',2006. F. The CITY and OWNER/DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNER/DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit"A and B" in conformance with the United City of Yorkville Comprehensive Plan with open spaces totaling over approximately 22.42 acres interspersed throughout the development and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER/DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY,the OWNER/DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement,and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect,except as otherwise provided in this Agreement. J. The OWNER/DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith,including the Preliminary Plat,attached hereto as Exhibit"B"and agree that the annexation,zoning and plan for the SUBJECT PROPERTY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions ofthe CITY ordinances,as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with 172 residences,all as shown on the Preliminary Plat attached hereto as Exhibit`B", provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural use shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. OWNER/DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY,as approved or subsequently amended,unless otherwise provided for herein,and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PlatExhibit`B"). 3. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER/DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNER/DEVELOPER within their respective parcels(Utilities and Public Improvements) except as otherwise provided in this Agreement. In addition, the CITY agrees that, at OWNER/DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. All costs related to or associated with condemnation of property as well as the cost of acquisition of the real property for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of OWNER/DEVELOPER. The CITY shall not be obligated to incur any acquisition cost not approved by OWNER/DEVELOPER 4. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, AND FUNDING MECHANISMS. A. The CITY represents to OWNER/DEVELOPER that most of the potable water facilities needed to serve this development will be constructed by the CITY pursuant to this agreement such that potable water, fire flow and water storage facilities will have sufficient capacity to adequately serve the needs of the OWNER/DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity,the CITY shall assist and cooperate with OWNER/DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally,the CITY shall also assist and cooperate with OWNER/DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY or,in the alternative,shall provide such means of delivery,subject,however,to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits,but in the event that its best efforts are not successful,the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 5(B) arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. 5. SECURITY INSTRUMENTS. A. Posting Securitv. OWNER/DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY("Security Instruments")to guarantee completion and maintenance of the public improvements to be constructed as a part of the development as are required by applicable ordinances of the CITY. The OWNER/DEVELOPER shall have the sole discretion,subject to compliance with Illinois law,as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer,may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent(85%)of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the Development. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements of Development, and acceptance by the City Council upon recommendation by the City Engineer,OWNER/DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument,subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY,in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNER/DEVELOPER's completion thereof for the Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than ninety (90) days of completion of the punchlist. C. Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNER/DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 6. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY,including,without limitation those pertaining to subdivision controls, zoning,storm water management and drainage,comprehensive land use plan,and related restrictions,as they presently exist,except as amended,varied,or modified by the terms of this Agreement,shall apply to the SUBJECT PROPERTY and its development for a period of five(5)years from the date of this Agreement. Any amendments,repeal,or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER/DEVELOPER during said five (5) year period. The CITY shall give the OWNER/DEVELOPER a six(6)month grace period from the date they are notified of any changes to the ordinances,regulations,and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided,however, that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by OWNER/DEVELOPER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances,codes or regulations affecting the zoning,subdivision,development,construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY,other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries,then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER/DEVELOPER,and anything to the contrary contained herein notwithstanding,the OWNER/DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 7. BUILDING CODE: BUILDING PERMITS. A. The CITY has adopted the International Building Code, which is updated approximately every three years.The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. B. The CITY shall act upon each application for a building permit for which OWNERS/DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefore or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the approved final plat and approved final engineering for the development within the SUBJECT PROPERTY. If the application is disapproved,the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval,the CITY shall permit OWNER/DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures,and model buildings constructed on the SUBJECT PROPERTY provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems,and water mains,at OWNERS/DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. D. Subject to the provisions of Section 11 hereof, no permit fees,plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 8. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). All proposed Final Plat units for this development shall contain a minimum of 40 dwelling units. 9. FEES AND CHARGES. A. During the first five(5)years following the date ofthis Agreement,the CITY shall impose upon and collect from the OWNER/DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges,and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY,except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". At the expiration of this five (5) year term, the CITY shall give the OWNER/DEVELOPER a one(1)year grace period from the date they are notified of any changes to the permit,license,tap on and connection fees and charges in order to comply with the new regulations. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNER/DEVELOPER with notice thereof and OWNER/DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty(30)days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNER/DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNER/DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis,OWNER/DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by OWNER/DEVELOPER)of units. Once the calculation is made,no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNER/DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY,other than the SSA described in Section 19 of this agreement and any charges to existing drainage districts of record, if any. 10. CONTRIBUTIONS. The CITY shall not require the OWNER/DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions as outlined below to the Yorkville Community School District#115 ("School District"),the City of Yorkville Park Department("Park Department")and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development in the manner provided for under this Agreement. Yorkville Parks and Recreation Department: Land Donation: 3.00 Acres as depicted on the Planned Unit Development Plan Cash Donation:. Payable at the time of issuance of each building permit at the rate of$1,604.65 per detached single family home Yorkville Community School District: Land Cash Fee: Owner/Developer agrees to pay, in lieu of land, a cash donation of$822,242.56 in satisfaction of the land cash fee to the School District per the ordinances. Said contribution shall be paid 100%at the time of issuance of each building permit in the amount of$4,780.48 per single family dwelling. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit,OWNER/DEVELOPER shall be entitled to construct,maintain and utilize offsite subdivision identification, marketing and location signs at not more than two (2) locations at any time within the corporate limits of the CITY as OWNER/DEVELOPER may designate(individually an"Offsite Sign" and collectively the"Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNER/DEVELOPER shall be responsible,at its expense,for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, OWNER/DEVELOPER shall be permitted to construct, maintain and utilize signage as identified in Exhibit"D" attached hereto and shall be permitted as a permanent sign at the entry of residential neighborhood. 13. MODEL HOMES,PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period (subsequent to final plat approval), OWNER/DEVELOPER,and such otherpersons or entities as OWNER/DEVELOPER may authorize,may construct, operate and maintain model homes and sales trailers staffed with OWNER/DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for Silver Fox. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off-street parking shall be required for model homes when more than five(5)model homes are constructed on consecutive lots in a model home row. Three(3)off-street spaces will be required for each model home in a model home row,with combined required parking not to exceed thirty(30)off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to five(5)dwelling units,shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational)A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNER. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street,and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available,whichever is earlier. Use ofmodels as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. OWNER/DEVELOPER may locate temporary sales and construction trailers during the development and build out of said property, provided any such sales trailer shall be removed within two(2)weeks of issuance of the final building permit in that unit where the trailer is located. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNER/DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. OWNER/DEVELOPER hereby agrees to indemnify,defend and hold harmless the CITY and the Corporate Authorities(collectively"Indemnities")from all claims,liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY,so providing,prior to the commencement of construction of any model homes. OWNER/DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units as the Final Plat and Final Engineering is approved by the CITY. 14. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNER/DEVELOPER for development purposes. Said trailers shall be removed respectively,within thirty(30)days after issuance of the last occupancy permit for each such parcel,subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 15. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY within five(5)working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved,the CITY shall provide the applicant within five(5)working days after receipt of the application and all documentation or information required to support such application,with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense,shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing,however,shall not negate the obligation of OWNER/DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understanding: if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the first day of summer,the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; Notwithstanding the foregoing, if the provision above applies but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred fifty percent(150%)of the amount estimated by the CITY to be needed to complete such improvements or to effect such corrections,the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNER/DEVELOPER on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within the SUBJECT PROPERTY. 16. LIMITATIONS. In no event,including,without limitation,the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002)ed.,shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Concept Plan. 17. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNER/DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel thereof at the sole risk and cost of OWNER/DEVELOPER prior to: (i)approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat upon which the improvements are being constructed has been approved by the CITY; (4)the IEPA and the sanitary district that will serve the SUBJECT PROPERTY,as and if applicable,have issued permits for the construction of sanitary sewer and water lines. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. The OWNER/DEVELOPER acknowledges that the CITY's signature on the IEPA water and sanitary sewer permit application does not constitute final plat or plan approval;and(5)the construction complies with the CITY'S then existing soil erosion ordinances. OWNER/DEVELOPER shall indemnify the CITY against any claims,actions or losses the CITY may suffer,sustain or incur because another governmental agency takes action against the CITY after OWNER/DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 17 (B). B. The CITY shall issue permits to OWNER/DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNER/DEVELOPER has submitted and the CITY has approved mass grading and erosion control plans at least thirty(30)days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. All earthwork activities shall comply with Illinois EPA requirements and City of Yorkville ordinances. C. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural and nursery uses as interim uses until the relevant portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal,non-conforming uses of the SUBJECT PROPERTY. 18. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the OWNER/DEVELOPER agrees to impose covenants,conditions and restrictions relating to fagade materials,accessory structures and other building restrictions at the time of final plat submittal for each unit. OWNER/DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements,signage provided,and other obligations as determined at the time of final platting and as referenced in this Agreement. 19. ESTABLISHMENT OF SPECL4L SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. OWNERS', DEVELOPER's and the CITY agree to establish a special service area ("SSA") as a primary funding mechanism for installation of on-site and off-site public improvements, including, without limitation,potable water,fire flow and/or water storage facilities,roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements. The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on the appropriate structure for the financing,which the CITY and DEVELOPER currently believe will consist of one or more SSA's pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. However, CITY,OWNERS and/or DEVELOPER hereby expressly agree that the form of Special Tax or other Revenue Bond shall be the form of bond which requires a payment at the time of sale of a developed lot, or the time of issuance of a building permit, otherwise known as the"pay down"bond. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY, and the other properties joining in the SSA for the areas generally referred to as the"Southwest Infrastructure Developments" described in Section 8 of this agreement. 20. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDING GREENBRIAR ROAD EXTENTION (SOUTHWEST INFRASTRUCTURE DEVELOPMENTS) A. CROSS CONTINGENCIES. OWNERS,DEVELOPER and CITY agree that this agreement shall be cross contingent with the CITY's approval of Annexations with 6 Developments commonly referred to as the "Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s)payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish individual Special Service Areas (SSA's)within each of the subdivisions listed on Exhibit BBB. City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to intervene. The formation of The SSA's and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSA's, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA's, and that all SSA's will issue one mutual Special Tax Bond for payments of the improvements. 2. The special tax shall be available to fund the repayment of up to $_(this will be the pro rata amount owed by this development) million in special tax bonds. 3. The special tax revenue bonds shall be used to construct infrastructure as described on Exhibit"AAA". C COST CONTAINMENT, OVERRUNS. In order to reduce the risk of cost overruns, OWNERS and/or DEVELOPERS agree that the amount of bonds sold should not be determined until bids have be received by the City for construction of the Southwest Infrastructure. Since final engineering must be completed prior to seeking bids, OWNERS and/or DEVELOPER agree to front fund the amount indicated on Exhibit "BBB"and to receive reimbursement for said sum from the sale of the Revenue Bonds. OWNERS and/or DEVELOPERS shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overruns. CITY will respond in writing to all OWNER and DEVELOPER comments and justify said overruns. All DEVELOPERS shall be responsible for contribution,based upon the same ratios and rational used in Exhibit"AAA"if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds with the additional contribution capped at$1,000,000 per developer. D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE. OWNERS and/or DEVELOPER agrees that traffic ultimately originating from this development, as well as all"Southwest Infrastructure Developments"will give rise to the need for the Green Briar Drive extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the acquisition of right-of-way of the Green Briar Drive Extension. The City deems the construction of Green Briar as a high priority and agrees to proceed with construction as funding is available. In addition, OWNER'S and/or DEVELOPERS agree to route all construction traffic along state Route 71 to Pavillion or High Point Road and then to the development, and not allow construction traffic to travel along Fox Road from Rt 47 to the development. E. RECAPTURE/RECOVERY OF INFRASTRUCTURE IMPROVEMENTS The CITY shall, in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes,2002 Edition, enter into agreements for recapture/recovery ("Recapture/Recovery Agreement")with DEVELOPER providing for the recapture/recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit"AAA", constructed by DEVELOPER which the CITY has determined may be used for the benefit of property("Benefited Property")not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit"DDD"attached hereto. Recapture for the Green Briar Drive improvement may include an increase of the normal and customary road fee for the Benefited Properties and therefore require the CITY to consider increasing this fee for the Benefited Properties via the annexation agreements for the Benefited Properties. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"EEE". 21. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA). A. Homeowners Association. OWNER/DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners and a mandatory membership of all lot owners in the Association.The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities(defined below)through assessments levied against all dwelling units. A maintenance easement shall be established over all of the Common Facilities located on the final plat for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care,maintenance,renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces. The maintenance described herein shall include, without limitation,the mowing and fertilizing of grass,pruning and trimming of trees and bushes,removal and replacement of diseased or dead landscape materials,and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. B. Dormant Special Service Area. DEVELOPER agrees to the CITY enacting at the time of final plat approvals a Dormant Special Service Area(DSSA)to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds,perimeter landscaping features, and entrance signage. 22. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNEWDEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plat,the CITY shall fully cooperate with OWNER/DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER/DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary Plat and in this Agreement,the CITY shall fully cooperate with OWNEWDEVELOPER in vacating and relocating such easement and utility facilities located therein,which costs shall be home by OWNER/DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement,OWNER/DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. 23. DISCONNECTION. OWNER/DEVELOPER shall develop the SUBJECT PROPERTY as a development to be commonly known as Silver Fox in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER/DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 24. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance,code,or regulation of the CITY which may be in conflict with the provisions of this Agreement. 25. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER/DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY,including,but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers,the Federal Emergency Management Agency,the United States Environmental Protection Agency,IDOT,the Illinois Department of Natural Resources,Kendall Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER/DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district,the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY. 26. ADDRESSES. Within fourteen(14)days after the final plat of subdivision is approved,CITY will provide OWNER/DEVELOPER with the addresses of all lots for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 27. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement,may be obtained solely by the owner of any portion of the SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights,duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning may be applied for and processed by the CITY without requiring an amendment of this Agreement. 28. "RIGHT TO FARM" LANGUAGE. The OWNER/DEVELOPER ofthe property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells,dust,sights,noise and unique hours of operation that are not typical in other zoning areas. The OWNEWDEVELOPER of the property agree to incorporate the "Right to Faun" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 29. RESPONSIBILITIES OF OWNER/DEVELOPER. The CITY agrees that the OWNER/DEVELOPER is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein for the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops for such performance. 30. 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 O WNER/DEVELOPER and their successors in title and interest,and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such,shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER/DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding,the obligations and duties of OWNER/DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. C. All Terns and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees,have been reached through a process of good faith negotiation,both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair,reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to,serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission,on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid, addressed as follows: (I) If to OWNER Midwest Development,LLC DEVELOPER: Yorkville, Illinois 60560Fax: (630) 553- 3024 with copies to: Law Offices of Dallas C. Ingemunson, P.C.226 S.Bridge StreetYorkville,Illinois 60560Attention: Gregg IngemunsonFax: (630) 553-7958 (II) If to CITY: United City of YorkvilleAttn: City Clerk800 Game Farm RoadYorkville, IL 60560Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65,Sec.5/11-15.1-1,et seq.,Illinois Compiled Statutes(2002 ed.). Inthe event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER/DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement,and any Exhibits or attachments hereto,maybe 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 ofaportion of the SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent ofthe owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER/DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20)years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER/DEVELOPER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office ofthe Recorder of Deeds,Kendall County,Illinois, at OWNER/DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents,agreements,and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity,the CITY shall: (i)cooperate with OWNER/DEVELOPER in the vigorous defense of such action through all proceedings,including any appeals;and(ii)take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Maior and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications,may be approved by the CITY Administrator(following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY,the CITY,the OWNER/DEVELOPER,including,but not limited to,county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect immediately. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: Midwest Development,LLC By: Name: Its UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor Attest: Title: City Clerk LIST OF EXHIBITS EXHIBIT W': Legal Description and Plat of Annexation of SUBJECT PROPERTY EXHIBIT`B Preliminary Plat EXHIBIT"C": Fee Schedule EXHIBIT"D": Signage EXHIBIT AAA: Overall Infrastructure Funding Summary EXHIBIT BBB: Front Funding Distribution Summary EXHIBIT CCC: SSA Summary of Terms EXHIBIT DDD: Recapture/Recovery Area—Benefited Properties EXHIBIT EEE: Recapture/Recovery Agreement EXIIIBIT"A" LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY RA Tcpxo JIJAN D! -,L SE'(Ci.7NDS AI X.*- G S AID -':.:. � OF SfkM RIGI! _ a 6-lam :L! ti; 'Ei kT SC J?' k 6: t)EG , b t ti i5 T4 _O): � it--, SOUTFM-RI'i' L3�.0 c1F .iii"'+ 37 rT, TMEV a S(, yy!-lW DEER s29'CnENU11-F;g A k',.4e 5.S-4 FSE`1� SQUrH 75 LECrk3EJ S Q WAIN GS W Sii4..,xTFZ4DEGREES 50'L`.2M. 1ES ;.. ( I:kl.:�. 'J :. THEME .':YPTH 7 5 D�'Q.a?'t sJ:S I. ,vfl&lb it?,.S . rt MI THENCE r4ORITT 14 Df:GMEB-,u 9 +s Ttii1. T"-'S ,y S~J a".J' M 7.'.! -Ert, i..!" E a.4_V £tin RPI Ys, i:.z MGM r'1.7EST,rWh3U s'u t.E C04 09, i)LGR EES 46 IANUTES 09 SEC ON DS cET"a" 't I9F 4 ES rT OF . }Mt?MANQ Q&TWITHAT PART 7d i, zM,y�tGi"iLL-IA�y3,T�„„-Rt,a.(g:r()F TfiE F lRFG-�e^ntidtyrl°�dO T�P4�O 7HE. € F..I?' ER. Y.L)C:), 1ai1ViA EXCEPT f%1`�..A irOC+.GR�`.f 012•PS1s.e NICIR.a 5 tTP.sl•. E,G Za2[S, TCB�TTIS k I Jf�R 'k I;? dC, :'EA Ai a T Iti' ,t i fi Z € E3� A.S FOLLOVIS: BEGIT-Tali OAT d Via;`i 4`1: tar Fk l" T-M SO i F7 ES i CORNEA-0t +, 0i` 0Vk?:NI$S 70119 7th 408FITk ?i:�,--'IIIDA •tL I -,Cu i-L-,NCE S:0' a J1 Z5 R EGUF i 19 'ff bfLd'CES i o SECONDS 1,p 1+n MA� SJ Ld YS .tt5 1T1EsFt l S b`.'��• 'Y ?::. -i?aia€ate 64 k��,r�.�`M 40 h%k TJ'T.ES 5f1 SF`.C(`1NDS WGREPS 22 MkMS 07 SECOWDS IM&T D.WES 46 MIN 05 SECONDS EAST ft jCE cSoln'N 64 DEG ES 18 MMINTUTES 36 °S}?L',t?1gDS SAW CENTER 1A 3 i .AM 00 FEET TO IM TOW 3'UP iv TF T OW mis E i Ci..E'I LL,?��'t�£S?L.� C:CS i T , �k--Nn ACRES EXHIBIT`B" PRELIMINARY PLAT EXHIBIT"C" FEESCHEDULE EXHIBIT C Name of Fee Amount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit,paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol San!La ry Dlshict Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee $3,523 per acre PAID BY SPECIAL TAX PROCEEDS $650+$,0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit PAID BY SPECIAL TAX PROCEEDS 7 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit I to Public Works(Development Impact Fee) $700 per unit Building Permit 11b Police(Development Impact Fee) $300 per unit Building Permit Municipal Building Fee is set up as$5,509 per unit if paid at time of permit, or$3,288 per unit if paid in a lump sum for all residential units at the time of see"time of final plat approval or within 90 days of when all City infrastructure is 11 c Municipal Building(Development Impact Fee) payment" available to the development,whichever is later. 11d Library(Development Impact Fee) $500 per unit Building Permit 11e Parks and Rec(Development Impact Fee) $50 per unit Building Permit 11 Engineedng(Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11g Fee) $1,000 per unit Building Permit Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 12 Parks Land Cash Fee per acre agreement and landloash donations negotiated Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit PAID BY SPECIAL TAX PROCEEDS $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75%of Approved Engineers Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25%of Approved Engineer's Estimate of Cost of Land Improvements Final Plat 18 Engineering Review Fee EXIMIT"D" SIGNAGE m 0 m E N O O M O O O M O O a O R 0 0 O O r c O O m 0 0 0 LL'1 08 0 w C 0 0 C) D O O M 0 0 0 0 0 0 N m o d v ui o o of d o ui ui o vq of M ao = H LL V 01 O O V r N M 07 m C N CN - M M O v LL fR (A to fA fA fA M to di VY fA fA fA i9 to fA H t, U 00 1000 — O O r N 0 on 0 0 0 3 o m o o 0 m m o o m b O m o Lq C7 0 0) O N Ln 0 M N N m m m O U) N '•t r N m Ih r Ci M ai O�N d C u 2U e I m FO 0 O N O uO O(NfA O v VeoR rfD n r R J N fO 0 O O r�trn 9 r va Oo mfR i m f0 r oM m 9 dmV''lf�C c m a0 3 f0 N w O'Eo 9 w b�9-'i f0 O Of9 v n eR m fR UPr E a d0 O»r M u(y i A E Oc s�f0 N m o`MfmA y dyN fd A}3„A 0 f di 9 r, M O O f»o o N EmV'A a�a ti i fO O tO O M M A u»°m M 9>!m O eN O A OfF°fH S3 9 Ed)S'W O�H O�dO 0»»faN A 5 Oc o i 6!fLLuCC`d�O LLtA 0c f.'D o D RO)s 9 C o]a i i- N fLLO�EO O LLHO IcNfR L»�f!,y D A'7 n R 1 A 3�i M fO m adA H°o m fp R.i!M fO N M vfdR°o ro u!A Si'A O>>9 s /a r r m r Cm 0 r N mN eq r Ci 1r 0 eNT VCCp r VM m M A°o m w�r�Yn y n O n 7 E ! 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M0 • 2 . . - - - - i - j � )k \ � \ \ \ / \\ ° (k \\ DRAFT UNITED CITY OF YORKVILLE,ILLINOIS KENDALL COUNTY,ILLINOIS SPECIAL SERVICE AREAS SERIES 2007—PAYDOWN BONDS (Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms ISSUER: United City of Yorkville,Illinois(the"City") BOND TYPE: Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off-site Public Improvements benefiting the Special Service Areas(the "Areas"), Improvements include roadways(including Pavillion Road) sanitary sewer facilities,water facilities,costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS: The City will form five separate special service areas(the"Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated,the special service areas will be: Acreage* Units* Silver Fox 103 172 Evergreen Farms 49 77 Aspen Ridge Estates 126 217 Chally Farm 154 224 York Wood Estates 178 185 *(subject to change) SECURITY: - A first lien on all Special Taxes imposed upon all property within each Special Service Area. - A Reserve Fund equal to 10%of the initial par amount of the Bonds. - the Special Service Areas will not be cross-collateralized USE OF PROCEEDS: The proceeds of the Bonds will be used to 1)purchase and/or construct certain Public Improvements;2)fund a debt service reserve equal to 10%of par; 3)to pay capitalized interest for up to 25 months;and,4) pay costs of issuance. COUPON: TBD FINAL MATURITY: March 1,2017 AMORTIZATION: Amortization will be in years 2014 through 2017. DRAFT STRUCTURE: Pursuant to a Special Tax Roll,the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively,this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property (i.e.,prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly,the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment" Beginning in 2009,each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment,the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Average Estimated Tax Payments SPECIAL TAX PAYMENTS: (per unit) Year Amounttt] 2009 $1,195 2010 1,195 2011 1,195 2012 1,195 2013 6,481 2014 6,480 2015 6,480 2016 4,186 0) "includes principal and interest -assumes an average debt of$22,940/unit -assumes title does not transfer -assumes no prepayment and an average Debt Service Reserve Credit of$2,294/unit ESTIMATED SOURCES Sources: AND USES OF FUNDS: Bond Proceeds $20,074,000 Original Issue Discounf'` (200,740) City Funds 2,000,000 Interest Earnings(') 619.425 22,492,685 Uses: Improvements 17,743,660 Debt Service Reserveo) 2,007,400 CapitalizedInterestt4t 2,300,145 Costs of Issuance(5) 441,480 22,492,685 o) In order to allow for prepayment at any time without penalty,the bond purchasers will require a 1%discount on the bonds at the time of issuance. (1) Interest is earned on the unspent bond proceeds held by the bond trustee. l3l The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See`Debt Service Reserve." (4) interest is capitalized through March 1,2009. The first tax bill will be June 2009. 0) Costs of issuance are estimates and subject to change. DRAFT DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10%of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount (see"Payoff')at the time the lien is released(the"Debt Service Reserve Credit"). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF: Based on a$20,074,000 bond issue,the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit Amountl'l Silver Fox 19,388 2,559 21,946 2,195 19,752 Evergreen Farm 22,914 3,024 25,938 2,594 23,345 Aspen Ridge Estates 20,252 2,673 22,925 2,292 20,632 Chally Fame 19,706 2,601 22,307 2,231 20,076 York Wood Estates 20,680 2,729 23,409 2,341 21,068 t'l Difference between"Payoff Amount"and"Fee per DU"equals each unit's per share cost of the Costs of Issuance and the Capitalized Interest. ANNEXATION It is contemplated that each developer will agree in its Annexation AGREEMENT: Agreement to the formation of the special service area on its property and the imposition of the special tax. In order to assure an adequate number of units is included and the resultant special tax is acceptable,all annexations would need to occur simultaneously. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of$1,000 in excess thereof. BOND FORM: Book-entry Only through DTC ANTICIPATED RATING: None TAXATION: Exempt from federal taxes;not subject to AMT;not exempt from State of Illinois income taxes. INTEREST PAYMENT March 1 and September 1,commencing September 1,2007 DATES: PRINCIPAL PAYMENT March 1,commencing March 1,2014 DATES: OPTIONAL REDEMPTION: The Bonds are subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date,in par,from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area(the PREPAYMENT: "Establishing Ordinance's and deposited into the Special Redemption Account of the Bond Fund,at a redemption price of par, together with accrued interest on such Bonds to the date of redemption. The Bonds will be called in order of maturity. DRAFT When the amount on deposit in the Special Redemption Account equals$1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION: The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT: Annually on or before the last Tuesday in December,the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL: Foley&Lardner UNDERWRITER: William Blair&Company TRUSTEE: Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMINISTRATOR: The City will hire David Taussig&Associates as the special service area administrator(the"Administrator")to assist the City in the levy,abatement and collection process. FAMM� r��M ■i��+c\�Irl I lata '161�if�v 111@ @� .@ "cL.7D J1 A5)i�,yt�F e°�' ��' �� ..�i, fl.l ell■.il�att � ' rp iJ,�(/eG�,�@ f �l• i�� rA�l.11ll��1,c`IO` t r r IT paim.f 1 v`Zb�we 1 W PRI go IRA- IF id Vmm Ad PIF I It`d G �•e c :r O Ilia 0 Nil ■ � , '�it . � � . �I�ib.lipulTp� � �111!II 111 1111 �I,111111 �_ • _11111 1111 Illfn �'II11111 II�11 � �;�, 1 11111111 11..11'1 :11 11�1111'1111 ii'11�1 \�111•IIII Ilil:::i i-,-�nit 1:11111 111111111 y= 'II 1111 111111: ARO Jr. Rl _ 1 I I�Illll�i�� ••un m1 si lll�m LI111�- �� fll♦ w111:ICI �'�... 1!•11 i 'IVA IM fArRA ., _-,•nl � �� j1�` O�.�C ae::- 111111€= ' •. • �< •, •I ti'-'€!m-.� --..111111 `L/ 'i� 41•iP\��1111�IIIIIIIIr 1� g11a • le,•v�n�n,lnl. �� Y �� / � ium •nppP••oc �-111111 ;C�°poi► �, � �, / "• �\� ,� Li ✓ i ♦� 11lurr < 1 I.� ttj _ I, I .I I :I non noon an. v Em 771M.W h WII 1. 1�� 'III ' •�^ , 1!,111.:.: r. ,• } ��.� ��-111 1 _ I�IfI�III •iVll`�tP�i'-a nn �t � �.,\,� =■ �b•Illlll Ai sill nia':� mg ��It Iini� III' .� -Mm 0071 MIA 01 EDISON MEN rAw"REISM-1 -M 1_. • ♦..c• �` I �.1. ,1��, `:.. 1 gy l� SIN 21 M I 1 1 1 1 1 EXHIBIT `EEE' RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement"), is made and entered as of the_day of 200_,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation("CITY") and ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated 2006("Annexation Agreement")pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision("Recapture Items")which will provide benefit to other properties("Benefited Properties")from the OWNERs of the Benefited Properties("Benefited OWNERS"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE,in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto,the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items,being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment"A" attached hereto('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item('Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment"B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a"Benefited Parcel". There are a total of (_J Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent(6 %)per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel, or any portion thereof,his successors and assigns,the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items,whichever shall first occur,the CITY shall collect from such Benefited OWNER, or its agent or representative,the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision(whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs,collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY,within thirty(30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERS as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents,harmless from the failure to collect said fees. In any event,however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit,the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation,including the interest of the CITY,and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances,resolutions,motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty(20) years from the date hereof,unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement,this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein,in the amount of the Recapture Costs,plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns,may either in law or in equity,by suit, action,mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense,with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement,unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S.mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail,registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, E 60560 Fax: (630) 553-4350 with a copy to: John Wyeth, Esq. 800 Game Farm Road Yorkville,I160560 Fax: (630) 553-4350 If to OWNER F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement,regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement,and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. I Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk ENC- 11� STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Silver Fox) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS,the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 Ebc' STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Silver Fox) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory, and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 E-W, . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Silver Fox) WHEREAS, Midwest Development, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Midwest Development, LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING,THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-2 Residential District as described in attached Exhibit "B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 F1) REVISED August 3, 2006 THIS DOCUMENT PREPARED BY: John P. Martin Huck Bouma PC 1755 South Naperville Road Suite 200 Wheaton,Illinois 60187 (630)221-1755 ANNEXATION AGREEMENT EVERGREEN FARM ESTATES This annexation agreement(the"Agreement"),is made and entered into this_day of 2006 by and among the United City of Yorkville, an Illinois municipal corporation located in Kendall County, Illinois (the "City") and EVERGREEN FARM ESTATES LLC, a Illinois limited liability company(the "Owner")(The City and Owner are hereinafter collectively referred to as"Parties" and individually referred to as a"Party"). ARTICLE I RECITALS A. Owner is the owner of record of approximately 49 acres of real property located generally at the intersection of Fox and Pavillion Roads in Kendall County, Illinois, which property is legally described on Exhibit A,attached hereto("Property"). B. The territory that is the subject matter of this Agreement includes the Property and the right-of-way of Fox and Pavillion Roads adjacent to the Property. Said territory is depicted and legally described on the Plat of Annexation attached hereto as Exhibit B. C. The Parties desire to enter into this Agreement pursuant to the provisions of Section 11-15.1-1 et seq. of the Illinois Municipal Code, Ill. Rev. Stat., Ch. 24, and Para. 11-15.1-1 et seq. (1987),in accordance with the terms and conditions hereinafter set forth. D. The Property is not presently within the corporate limits of any municipality. E. Owner seeks to annex the Property to the City and to improve the Property with a residential use in accordance with the Concept Plan attached hereto as Exhibit C("Concept Plan"). F. The City has agreed to annex the Property, to zone the Property as R-2 Residential District, and to grant the variations hereinafter described in order to facilitate Owner's improvement of the Property in accordance with the Concept Plan including density proposed and a total lot count of not less than seventy-seven(77). G. Owner has filed with the City Clerk a proper Annexation Petition ("Annexation Petition")pursuant to Section 7-1-8 of the Illinois Municipal Code, Ill. Rev. Stat. Ch. 24, and Para. 7-1-8 (1987);there are no electors residing thereon. H. Pursuant to the applicable provisions of the Illinois Municipal Code, a proposed Annexation Agreement similar in substance and in form to this Agreement was submitted to the Mayor and City Council of the City("Corporate Authorities") and a public hearing was held thereon pursuant to notice,as provided by statute. I. Pursuant to notice, as required by statute and ordinance,public hearings were held by the City Plan Commission on the requested zoning of the Property, the requested approval of the requested zoning,and the requested approval of the variations hereinafter described, and the findings of fact and recommendations made by said body relative to such requests have been forwarded to the Corporate Authorities. J. Due and proper notice of the proposed annexation will be given to the Trustees of Kendall Township, the Kendall Township Commissioner of Highways and the Bristol/Kendall Fire Protection District will be given more than ten (10) days prior to any action being taken on the annexation of the Property, said notice to be given by the City. K. All other and further notices, publications, procedures, public hearings and other matters attendant to the consideration and approval of this Agreement and the annexation and zoning of the Property have been given,made,held and performed by the City as required by Section 7-1-8 and Section 11-15.1-1 et seq. of the Illinois Municipal Code, Ill. Rev. Stat. Ch. 24, Paras. 7-1-8 and 11-15.1-1 et seq. (1987), and all other applicable statutes, and all applicable ordinances, regulations and procedures of the City. This Agreement is made and entered into by the Parties pursuant to the provisions of Section 11-15.1-1 ct seq. of the Illinois Municipal Code. L. The Corporate Authorities have duly considered all necessary petitions to enter into this Agreement, have considered the recommendations of the City Plan Commission in connection with the proposed zoning of the Property and have further duly considered the terns and provisions of this Agreement and have, by a resolution duly adopted by a vote of two-thirds (2/3) of the Corporate Authorities then holding office, authorized the Mayor to execute, and the City Clerk to attest,this Agreement on behalf of the City. M. Owner has expended substantial sums of money and has materially altered its position in reliance upon the execution of this Agreement and the performance of its terms and provisions by the City. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein made,the Parties hereby agree as follows: ARTICLE H ANNEXATION OF THE PROPERTY Contingent upon the provisions of Article XVIII hereof, on or before the fifteenth(15th) day following the existence of contiguity of the Property with the City, the Corporate Authorities shall proceed, subject to the terms and conditions set forth in this Agreement,to do all things necessary or appropriate to cause the Property to be validly annexed to the City. All ordinances, plats, affidavits and other documents necessary to accomplish annexation shall be recorded by the City at Owner's expense. ARTICLE III ZONING AND DEVELOPMENT OF THE PROPERTY A. At the same meeting of the Corporate Authorities at which annexation of the Property to the City is accomplished, the Corporate Authorities shall enact such ordinances, adopt such resolutions, and take such other actions as are necessary to Zone the Property as R-2 Residential; ARTICLE IV CODES AND ORDINANCES;FEES A. To the extent of any conflict, ambiguity or inconsistency between the terms, provisions or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, the Subdivision Control Ordinance, as hereinafter identified, or any other City code, ordinance or regulation, the terms,provisions and standards of this Agreement shall govern and control. B. 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, building requirements, official plan, and related restrictions, 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 this Agreement. Any Agreements, repeal, or additional regulations which are subsequently enacted by the City shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the City in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein,nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the City. The foregoing to the contrary notwithstanding, in the event the City is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the 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. C. BUILDING CODE. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the City in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. D. Except as otherwise stated herein, all current City fees applicable to the development of the Property and construction of residences thereon shall remain fixed for a period of five (5) years from and after the date of this Agreement. Additionally, no fee or charge of any description shall be imposed upon Owner or upon the development and use of the Property unless, as of the date of this Agreement, such fee or charge is in existence and being collected by the City on a uniform basis from all owners,users and developers of property within the City. The City shall not increase the amount of any fee or charge for building permit fees, occupancy pernit fees, plan review fees, inspection fees, utility fees, application fees or user fees during the Term of this Agreement unless such increases are: (i) made generally applicable to all owners, users and developers of property within the City; and(ii) such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. All building permit and building inspection fees for any improvement constructed upon the Property shall be due and payable upon issuance of a building permit for that improvement. ARTICLE V SEWER,WATER,OVERSIZED UTILITIES AND PERIMETER ROADS A. The Property is within the Yorkville Bristol Sanitary District (YBSD) Facility Planning Area(FPA) as determined by the Illinois Environmental Protection Agency(IEPA). At the time of development, the City will provide sewer facilities pursuant to the terms of this agreement. The term "sewer facilities" shall include all sewer lines (other than those sewer lines customarily installed in the development) and any other equipment and/or structures installed or built to treat or transmit sewage from the Subject Property. B. The City will provide municipal water facilities and service pursuant to the terms of this agreement. The term"water facilities" as used in this paragraph shall not apply to the customary on-site improvements ordinarily put in by the Owner in connection with the development (i.e. distribution lines within the development, etc.). The type of items to be included in the definition of water facilities are storage facilities, wells, pumps, pump houses, water towers, off-site mains and piping exceeding eighteen(18")in diameter. C. Owner shall install water, sewer mains and storm water detention areas within and upon the Property of such size and depth necessary to serve the Property. To the extent the City requires such utilities to be larger and/or at a depth greater than that otherwise required to serve the Property according to good and customary engineering practices, the City agrees to allow for a recapture agreement for the additional or different material purchase or construction costs incurred by the Owner for such oversized and/or deeper utilities. The certification by the Project Engineer, or successor Project Engineer, shall include (a) a calculation of the increase in costs incurred by Owner,based upon the difference in the bid cost for the required sized to serve the property and the cost for the size and depth of utilities desired by the City; (b) accompanied by evidence that such utilities have been fully paid for and are not subject to any mechanics or other liens; and (c) a statement that all of said utilities were constructed in a good and workmanlike manner according to the Preliminary Plat,City Ordinance and good engineering and construction practices. D. The City shall improve the existing Fox and Pavillion Roads and their intersection as part of the SSA discussed in Article XVII hereof. The City Agrees to approve a recapture agreement to be created by Owner, burdening the 22.57 acre Stephen Theis property to the East of the Southerly parcel of the Subject Property with repayment to Owner of 43.75% (estimated at $128,000) of the estimated $292,586.50 Evergreen Farm proportionate cost of the excess Pavillion Road improvements, payable upon annexation of the Stephen Theis property to the City. Owner shall not be responsible for any other related cost including that associated with a possible future road extension/crossing of the unnamed creek to the north of Fox Road and within the Property. ARTICLE VI SUBDIVISION OF THE PROPERTY Conditioned upon required public hearings and compliance by the Owner with the City's subdivision and zoning standards the City shall be obligated to approve any preliminary plat substantially complying with Exhibit C. No public hearing shall be required for the approval of any final subdivision plat. ARTICLE VH EXCAVATION,GRADING AND PREPARATION OF THE PROPERTY FOR DEVELOPMENT Owner shall have the right, following Preliminary Plan approval and prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat,to undertake demolition of structures, excavation, preliminary grading work, filling and soil stockpiling on the Property in preparation for the development of the Property on submittal of a grading plan and soil erosion and sedimentation control plan to the City, which plans shall be reasonably satisfactory to the City Engineer. Such work shall be undertaken at Owner's sole risk and without injury to the property of surrounding property owners. The Owner shall comply with the City's Soil Erosion and Sediment Control Ordinance. ARTICLE VIII BUILDING PERMITS The City shall issue building permits for which the Owner applies within fourteen (14) days of receipt of application therefore or within fourteen (14) days of the City's receipt of the last of the documents required to support such application. If the application is denied, the City shall provide the Owner with a written statement specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall issue such building permits upon the Owner's compliance with those requirements. The Owner may apply for building permits for portions of the Property after approval of the Subdivision Plat for said portion of the Property, notwithstanding the fact that recordation of said Plat has not yet occurred and prior to the availability of storm sewer, sanitary sewer and potable water service to such portion of the Property. Notwithstanding the foregoing, no occupancy permits shall be issued for such portions of the Property until the availability of such utilities is demonstrated. ARTICLE IX CERTIFICATES OF OCCUPANCY The City shall issue certificates of occupancy to the Owner within five (5) working days of application therefore, or issue a letter of denial within said period informing Owner specifically as to what corrections are necessary as a condition to the issuance of a certificate and quoting the section of any applicable code, ordinance or regulation relied upon by the City in its request for correction. Owner's inability, due to adverse weather conditions, to install driveways, service walks, public sidewalks, stoops, landscaping and final grading, shall not delay the issuance of a temporary certificate of occupancy. The City shall have the right to require the posting of security,on issuance of such temporary certificate of occupancy, in order to ensure completion of such uncompleted items. Temporary certificates of occupancy shall also not be delayed in the event adverse weather conditions prevent construction of final surface courses on private drives. ARTICLE X MODELS; SALES OFFICES;SIGNAGE Owner shall have the right, after approval by the City Engineer of the engineering relating to each Subdivision Plat, but prior to City Council approval of any Final Subdivision Plat, to construct model homes, sales and construction trailers, and other appurtenant facilities, including any construction and advertising signs, and temporary sanitary facilities (i.e., holding tanks, not septic fields) and water facilities (i.e., shallow wells) in advance of said Plat improvements and facilities and the City's final approval thereof. Within thirty(30) days after completion of the sanitary sewer and water systems for any portion of the Property for which a Final Plat has been approved, Owner, at its expense, shall remove all holding tanks and cap all shallow wells serving the model homes in said area and connect them to the sanitary sewer and water systems serving such portion of the Property, in accordance with applicable statute, ordinance and regulation.No occupancy permit for final residency shall be issued for any model homes until they are connected to the public water supply and sanitary sewer systems. Off-street parking shall be required for model homes when more than five(5) model homes are constructed on consecutive lots in a model home row. Three(3) off-street spaces will be required for each model home in a model home row,with combined required parking not to exceed thirty(30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the City. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three(3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen(15)production dwelling units for each neighborhood unit, 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 proof to the City the Owner has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the Owner. Owner may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property,provided any such sales trailer shall be removed within one (1)week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the City for any trailer that will be utilized as office space. Prior to construction of the sales trailer Owner shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. Owner hereby agrees to indemnify, defend and hold harmless the City and the Corporate Authorities(collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. Owner shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each 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 phase. ARTICLE XI COVENANTS Prior to issuance of any occupancy permit for any structure on the Property, except as set forth in Article X above, Owner agrees to submit the Property to covenants for management and control of the common area developed on the Property. A copy of the covenants will be provided to the City by the Owner prior to their recordation. ARTICLE XtI ANNEXATION,RECAPTURE AND IMPACT FEES,DONATIONS AND CONTRIBUTIONS A. City represents that no annexation fees are payable by Owner as a result of the annexation of the Property to the City. B. City has adopted City Ordinance No. 96-3, last amended by City Ordinance No. 2005-3 which establishes the City policy with respect to contributions to be made by developers of real estate being annexed to the City to the City and School District. Pursuant to said Ordinance, and on a per unit basis concurrent with issuance of a building permit,Owner agrees to make the following contributions to the enumerated units of local government having jurisdiction over the Property: Schedule of Contributions Per Residential Unit for City and School District Park..................................................................$3,000.00 School.................................................. .............4,780.48 TOTAL............................................................$7,780.48 In the event Owner independently reaches agreement with any of said units of local government with respect to contributions,the amount set forth above shall be adjusted to reflect such agreement. Except as set forth in this Article X11 and in the Fee List in Exhibit "D" (and except for tap-on, inspection and other fees provided for elsewhere in this Agreement), no impact fees, donations or contributions shall be due or payable, and Owner shall not be liable for payment of any such fees, donations or contributions,in connection with the development of the Property. C. City wan-ants and represents that no recapture fees are due and payable to any person or entity as a result of the annexation of the Property to the City or as a result of connection to any utility improvements serving the Property. D. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, Owner agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the City; and the City shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. E. In consideration for Owner's financial commitment pursuant to the terms of Article XVII below, payment of any annexation related expenses shall be tolled until such time as the infrastructure therein contemplated has been installed and Owner is able to obtain to obtain building and occupancy permits applicable to the Property. ARTICLE NM SECURITY FOR LAND IMPROVEMENTS Security to be provided by Owner for land improvements benefiting an individual phase of development within the Property shall be provided prior to the recording of a final plat on such individual phase and shall be in accordance with the terms of this Agreement and applicable City ordinances, as modified by this Agreement. Owner shall provide such security in the form of a cash escrow, bond or irrevocable letter of credit. Bonds and letters of credit shall be in a form approved by the City Attorney and be issued by an entity approved by the Corporate Authorities. The amount of security posted with the City shall at all times equal one hundred ten percent(110%)of the cost of completing required public improvements. Such security may be reduced by the City from time to time, as public improvements within the Property are completed and upon recommendation by the City Engineer and prior to their acceptance of such improvements by the City. ARTICLE XIV CONTINUATION OF CURRENT USES Portions of the Property are presently being used for farming and general agricultural uses. In reviewing the Annexation Petition and this Agreement, the City has given due consideration to the continuation of such current uses. Accordingly, and notwithstanding any provision of the City Code, the Zoning Ordinance, or any other code, ordinance or regulation, now in effect or adopted during the Term of this Agreement, and notwithstanding the City's zoning of the Property pursuant to the terms hereof,the current uses of the Property shall be permitted to continue. ARTICLE XV MUTUAL ASSISTANCE A. The Parties shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms and objectives of this Agreement and the intentions of the Parties as reflected by said terms, including, without limitation,the giving of such notices, the holding of such public hearings, the enactment by the City of such resolutions and ordinances and the taking of such other actions as may be necessary to enable the Parties' compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the terms and objectives of this Agreement and the intentions of the Parties as reflected by said terms. B. The Parties shall cooperate fully with each other in seeking from any or all appropriate governmental bodies (whether Federal, State, County or local)financial or other aid and assistance required or useful for the construction or improvement of property and facilities in and on the Property or for the provision of services to residents of the Property, including, without limitation, grants and assistance for public transportation, roads and highways, water and sanitary sewage facilities and storm water disposal facilities. ARTICLE XVI REMEDIES A. Upon a breach of this Agreement, any of the Parties, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained,may be awarded damages for failure of performance or both, or may obtain rescission and disconnection for material failure of performance. No action taken by any party hereto pursuant to the provisions of this Article XVI or pursuant to the provisions of any other Article of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to any party at law or in equity. B. In the event of a material breach of this Agreement, the Parties agree that the party alleged to be in breach shall have thirty (30) days after written notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same). C. If any of the Parties shall fail to perform any of its obligations hereunder, and the party affected by such default shall have given written notice of such default to the defaulting party, and such defaulting party shall have failed to cure such default within thirty(30)days of such default notice (provided, however, that said thirty(30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (including attorneys' fees and litigation expenses) incurred by it in connection with action taken to ewe such default. D. The failure of the Parties to insist upon the strict and prompt performance of the terms,covenants,agreements, and conditions herein contained, or any of them,upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition,but the same shall continue in full force and effect. E. If the performance of any covenant to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party(which circumstances may include acts of God, war, acts of civil disobedience, strikes or similar acts), the time for such performance shall be extended by the amount of time of such delay. ARTICLE XVII SPECIAL ASSESSMENTS AND TAXATION A. Establishment of Special Service Areas as the Primary Funding Mechanism for Installation of Certain Public Improvements. 1. Owner and the City agree to establish(jointly with other owners and developers within the area described below as the Southwest Infrastructure Developments)a special service area("SSA") as a primary funding mechanism for installation of off-site public improvements, including,without limitation, potable water, fire flow and/or water storage facilities,roads, storm water facilities (i.e., storm water sewers,collection and conveyance improvements,detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements. 2. The City and Owner shall cooperate in good faith to identify and agree on the appropriate structure for the financing,which the City and DEVELOPER currently believe will consist of one or more SSA's pursuant to 35 ILCS 200/27-5 et seq.,but which may be authorized and implemented under other legal frameworks acceptable to the City and Owner. City and Owner hereby expressly agree that the form of Special Tax or other Revenue Bond shall be(a) the form of bond which requires an incremental payment at the time of issuance of a building permit(otherwise known as the"pay down"bond), (b) shall not cause Owner to bear the risk of potential default of other parties under their separate SSA's and(c)must include binding assurances that the infrastructure improvements will be funded and completed in a manner and time frame necessary to enable and not delay Owner's development of the Property contemplating completion on or before July 2008. The burden of the assessment is limited to and shall be paid by only those future property owners within the Property and the other properties joining in the SSA for the areas generally referred to as the"Southwest Infrastructure Developments"described in Section B of this Article. B. Cross Contingencies for Infrastructure Improvements, including Greenbriar Road Extention(the"Southwest Infrastructure"). 1. Cross Contingencies_Owner and City agree that the terms and conditions of this Annexation Agreement shall be cross contingent with the City's approval of Annexations with 6 Developments commonly referred to as the"Southwest Infrastructure Developments." A list of the developments and the anticipated funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Revenue Bond(s)payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. 2. SSA Funding. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, City and Owner agree to establish a Special Service Area (SSA's)within the Property and City agrees to concurrently establish SSA's within each of the subdivisions listed on Exhibit BBB. (A preliminary term sheet for the anticipated Special Tax Bond is attached hereto and incorporated herein as Exhibit"CCC") City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the Owner and other owners and developers comprising the Southwest Infrastructure Developments shall have right to terminate the SSA as it applies to their separate developments. The formation of The SSA's and issuance of Special Revenue Bonds are intended to render the following results: a. All areas will be within the Special Tax areas, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual Special Tax Area, and that all Special Tax Areas will issue one mutual Special Tax Bond for payments of the improvements. b. The special tax shall be available to fund the repayment of up to $_(this will be the pro rata amount owed by this development) million in special tax bonds. c. The special tax revenue bonds shall be used to construct infrastructure as described on Exhibit"AAA!' as further defined and set forth in the conceptual and preliminary engineering for those improvements dated (EEI) and (Duechler) C. Cost Containment and Overruns. In order to reduce the risk of cost overruns, Owner agrees that the amount of bonds sold should be determined by estimates based upon either final, or near final engineering or bids. Since final engineering must be complete prior to seeking bids, Owner agrees to front fund the amount indicated on Exhibit"BBB"and to receive reimbursement for said sum from the sale of the Revenue Bonds. Owner shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overruns. City will respond in writing to Owner's comments and explain the reason for said overruns, if any. In the event the cost to complete the Southwest Infrastructure exceed the amount of the Bonds, Owner shall be responsible for contribution, based upon the same ratios and rational used in Exhibit"AAA", but only as to its proportionate share of a total cost overrun capped at$1,000,000.00. D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE. OWNERS and/or DEVELOPER agrees that traffic ultimately originating from this development, as well as all"Southwest Infrastructure Developments"will give rise to the need for the Green Briar Drive extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the acquisition of right-of-way of the Green Briar Drive Extension. The City deems the construction of Green Briar as a high priority and agrees to proceed with construction as funding is available. In addition, OWNER'S and/or DEVELOPERS agree to route all construction traffic over 8000 lbs. GVAW along state Route 71 to Pavillion or High Point Road and then to the development, and not allow such heavy construction traffic to travel along Fox Road from Rt 47 to the development. E. RECAPTURE/RECOVERY OF INFRASTRUCTURE IMPROVEMENTS The CITY shall,in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes,2002 Edition, enter into agreements for recapture/recovery("Recapture/Recovery Agreement")with DEVELOPER providing for the recapture/recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit"AAA",constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Property") not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit"DDD"attached hereto. Recapture for the Green Briar Drive improvement shall include an increase of the normal and customary road fee for the Benefited Properties and therefore require the CITY to consider increasing this fee for the Benefited Properties via the annexation agreements for the Benefited Properties. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"EEE". ARTICLE XVIII TERM This Agreement shall be binding upon the Patties and their respective successors and assigns for twenty (20) years, commencing as of the date hereof, and for such fitrther tern as may hereinafter be authorized by statute and by City ordinance. If any of the terms of this Agreement, or the annexation or zoning of the Property, is challenged in any court proceeding, then, to the extent permitted by law,the period of time during which such litigation is pending shall not be included in calculating said twenty (20) year period. The expiration of the Term of this Agreement shall not affect the continuing validity of the zoning of the Property or any ordinance enacted by the City pursuant to this Agreement. ARTICLE XIX MISCELLANEOUS A. Amendment. This Agreement, and the exhibits attached hereto, may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the City approving said amendment as provided by law and by the execution of said amendment by the Parties or their successors in interest. B. Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid,such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement, and to that end, all provisions, covenants, agreements and portions of this Agreement are declared to be severable. If for any reason the annexation or zoning of the Property is ruled invalid, in whole or in part, the Corporate Authorities, as soon as possible, shall take such actions (including the holding of such public hearings and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit and intent of this Agreement and the objectives of the Parties, as disclosed by this Agreement, provided that the foregoing shall be undertaken at the expense of the Developer. C. Entire Agreement. This Agreement sets forth all agreements, understandings and covenants between and among the Parties. This Agreement supersedes all prior agreements, negotiations and understandings, written and oral, and is a full integration of the entire agreement of the Parties. D. Survival. The provisions contained herein shall survive the annexation of the Property and shall not be merged or expunged by the annexation of the Property to the City. E. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, successors of the Owner and Developer and their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities, and shall constitute a covenant running with the land. This Agreement may be assigned without City approval, and upon said assignment and acceptance by an assignee, the assignor shall have no further obligations hereunder. If a portion of the Property is sold, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement (excluding rights of recapture) which affect the portion of the Property sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the Property conveyed. F. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary, the Owner shall grant permanent and temporary construction easements within the current or future City or county rights of way as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. G. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary, the Owner shall convey by Warranty Deed, fee simple title of future highway or road right of way to the United City of Yorkville as necessary to comply with the terms of this Agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density or lot configuration. H. Notices. Any notice required or permitted by the provisions of this Agreement shall be in writing and sent by recognized overnight courier or personally delivered,to the Parties at the following addresses,or at such other addresses as the Parties may, by notice, designate: If to City: United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 (630)553-4350 Fax(630)553-7575 Attention: City Administrator If to Owner: EVERGREEN FARM ESTATES LLC c/o Tanglewood Real Estate Development Corporation 1 N 303 LaFox Road P.O.Box 139 LaFox,Illinois 60147 (630)761-2010 Fax(630)761-0038 With a copy to:John P. Martin Huck Bourna PC 1755 South Naperville Road, Suite 200 Wheaton,Illinois 60187 (630)221-1755 Fax(630)221-1756 Notices shall be deemed given on the second (2nd) business day following delivery by overnight courier and upon receipt, if personally delivered. I. Time of Essence. Time is of the essence of this Agreement and of each and every provision hereof. J. City Approval. Wherever any approval or consent of the City, or of any of its departments, officials or employees,is called for under this Agreement,the same shall not be unreasonably withheld or delayed. [Signature Page Follows] IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the date first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Mayor ATTEST: City Clerk OWNER: EVERGREEN FARM ESTATES LLC, TANGLEWOOD REAL ESTATE DEVELOPMENT CORPORATION, an Illinois corporation,managing member By: Its: Attest: Its: STATE OF ILLINOIS ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the Mayor of the United City of Yorkville, an Illinois municipal corporation and personally known to me to be the City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 12006. Notary Public STATE OF ILLINOIS ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the of Tanglewood Real Estate Development Corporation, an Illinois corporation and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Managing Member he signed and delivered the said instrument pursuant to authority given by Members of the company, as his free and voluntary act, and as the free and voluntary act and deed of said company, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 120 . Notary Public CONSENT OF MORTGAGEE Bank, a(n) organized and existing under the laws of the State of holder of a Mortgage dated_ and recorded as Document Number , covering the subject property, hereby consents to the execution and recording of the within Annexation Agreement and agrees that said Mortgage is subject and subordinate thereto. IN WITNESS WHEREOF,the Bank has caused this instrument to be signed by it's duly authorized officers on its behalf at Illinois,on this day of 12006. Bank By: Its: ATTEST: By: Its: SCHEDULE OF EX BrFS Exhibit A: Legal Description Exhibit B: Plat of Annexation Exhibit C: Concept Plan Exhibit D: Development Fee List AAA. Overall Infrastructure Funding Summary BBB, Front Funding Distribution Summary CCC. SSA Summary of Terms DDD.Recapture/Recovery Area Benefited Property EEE. Recapture/Recovery Agreement Mcurrent projects\sw projects\FINAL_6_O6_O6\evergreen farm_Annexation Agreement_6_5_06.doc .LTA C®r:nrnbnpnt Schedule C File No.:NCS-74205-CHI1 Legal Description: THAT PART OF SECTION 6,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD.PRINCIPAL MERIDIAN DESCRIBED BY COMMENCING AT THE MDRTHE45T CORNER OF THE 140811 s'VVEST QUARTER OF SAID SECTION 6;THENCE WEST 233.9 FEET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON &QUINCY RAILROAD COMPANY;THENCE SOUTH 610 06' 20"WEST ALONG SAID RIGHT-OF-WAY LINE 1468.52 FEET FOR A POINT OF BEGINNING;THENCE SOUTH 010 28'38" EAST 406.94 FEET; THENCE SOUTH 2S0 19' 10" EAST 1326.82 FEET;THENCE SOUTH 240 05'33' EAST 587.67 FEET, THENCE SOUTH 660 45' 4r WEST 1560.96 FEET TO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 220 15' 40"WEST ALONG SAID CENTER LINE 1258.64 FEET;THENCE NORTH 060 13' 10"WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD;'THENCE SOUTH 630 42' 50" WEST ALONG THE CENTER LINE OF FOX ROAD 43.37 FEET;THENCE NORTH OB0 38' 52"WEST 676.69 FEET TO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE;THENCE NORTH 510 06 20"EASY ALONG SAID RIGHT-OF-WAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEET THEREOF AND ALSO EXCEPTING THEREFROM 111E FOLLOWING PARCEL.OF PROPERTY, FROM THE POINT OF BEGINNING AFORESAID;THENCE SOUTH 010 28' 38" EAST 405.94 FEET;THENCE SOUTH 250 19' 10" EAST 305.69 FEET TO THE CENTER LINE OF FOX ROAD FOR A 14EYJ POW OF BEGINNING;THENCE SOUTH 250 19' 10" EAST 1021.13 FEFii;THENCE SOUTH 240 50' 33" EAST 5587.67 FEET;THENCE SOUTH 660 4542"WEST 625.43 FEET;THENCE NORTH 250 19' 10"WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD;THENCE NORTH 630 42' 50" EAST ALONG SAID CENTER LINE 630.0 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Name of Fee Amount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit,paid at City Hell with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee $3.523 per acre PAID BY SPECIAL TAX PROCEEDS $650+$.0.20 per 51 Building Permit Fee square fool Building Permit 6 Water Connection Fee $3,700 per unit PAID BY SPECIAL TAX PROCEEDS 7 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit PAID BY SPECIAL TAX PROCEEDS 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works(Development Impact Fee) $700 per unit Building Permit 11b P011ce(Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as$5,509 per unit if paid at time of see"time of permit,or$3.288 per unit if paid at time of final plat for all units in the entirety 11c Municipal Building(Development Impact Fee) payment" of the annexed development. 11d Library(Development Impact Fee) $500 per unit Building Permit 11a Parks and Rec(Development Impact Fee) $50 per unit Building Permit 111 Engineering(Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11g Fee) $1,000 per unit Building Permit Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexatioWdevelopment 12 Parks Land Cash Fee per acre agreement and land/cash donations negotiated Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit PAID BY SPECIAL TAX PROCEEDS $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75%of Approved Engineers Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25%of Approved Engineers Estimate of Cost of Land Improvements 18 Engineering Review Fee Final Plat 0 m E 0 ? 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B § aE ! { §! ci 00 \�� \ ) } ) \ \ { § ) c2m-2 \ ; | ! � ) ■ ) ! r ! i \ | ' (! § ; . § ■ � � � - _; ® � ® 2 \) : !/ e ■ 5 # k § ! !! \ ! } \ } \ \ 10 \z6 #\) \ \ } \ \ \ \ M k ¥) , ! | i|f � � � = , . }\ ti DRAFT UNITED CITY OF YORKVILLE,ILLINOIS KENDALL COUNTY,ILLINOIS SPECIAL SERVICE AREAS SERIES 2007—PAYDOWN BONDS (Southwest Interceptor Project including Pavillion Road) Summary of Proaosed Terms ISSUER: United City of Yorkville,Illinois(the"City") BOND TYPE: Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off-site Public Improvements benefiting the Special Service Areas(the "Areas'). Improvements include roadways(including Pavillion Road) sanitary sewer facilities,water facilities,costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS: The City will form five separate special service areas(the"Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated,the special service areas will be: Acreage* Units* Silver Fox 103 172 Evergreen Farms 49 77 Aspen Ridge Estates 126 217 Chally Farm 154 224 York Wood Estates 178 185 *(sabject to change) SECURITY: - A first lien on all Special Taxes imposed upon all property within each Special Service Area. - A Reserve Fund equal to 10%of the initial par amount of the Bonds. - the Special Service Areas will not be cross-collateralized USE OF PROCEEDS: The proceeds of the Bonds will be used to 1)purchase and/or construct certain Public Improvements; 2)fund a debt service reserve equal to 10%of par; 3)to pay capitalized interest for up to 25 months;and,4) pay costs of issuance. COUPON: TBD FINAL MATURITY: March 1,2017 AMORTIZATION: Amortization will be in years 2014 through 2017. DRAFT STRUCTURE: Pursuant to a Special Tax Roll,the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively,this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property (i.e.,prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly,the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment." Beginning in 2009,each owner will be required to snake special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment,the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Averaze Estimated Tax Payments SPECIAL TAX PAYMENTS: (per unit) Year Amount`° 2009 $1,195 2010 1,195 2011 1,195 2012 1,195 2013 6,481 2014 6,480 2015 6,480 2016 4,186 Itl -includes principal and interest -assumes an average debt of$22,940/unit -assumes title does not transfer -assumes no prepayment and an average Debt Service Reserve Credit.of$2,294/unit ESTIMATED SOURCES Sources: AND USES OF FUNDS: Bond Proceeds $20,074,000 Original Issue Discount") (200,740) City Funds 2,000,000 Interest Earnings('-[ 619.425 22,492,685 Uses: Improvements 17,743,660 Debt Service Reserve") 2,007,400 Capitalized Interest"' 2,300,145 Costs of Issuance(`( 441.480 22,492,685 () In order to allow for prepayment at any time without penalty,the bond purchasers will require a 1%discount on the bonds at the time of issuance. Interest is earned on the unspent bond proceeds held by the bond trustee. tat The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See"Debt Service Reserve." tat Interest is capitalized through March 1,2009. The first.tax bill will be June 2009. !`� Costs of issuance are estimates and subject to change. DRAFT DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10%of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount (see"Payoff')at the time the lien is released(the"Debt Service Reserve Credit"). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF: Based on a$20,074,000 bond issue,the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit Amount(" Silver Fox 19,388 2,559 21,946 2,195 19,752 Evergreen Farm 22,914 3,024 25,938 2,594 23,345 Aspen Ridge Estates 20,252 2,673 22,925 2,292 20,632 Chally Farm 19,706 2,601 22,307 2,231 20,076 York Wood Estates 20,680 2,729 23,409 2,341 21,068 n1 Difference between"Payoff Amount"and"Fee per DU"equals each unit's per share cost of the Costs of Issuance and the Capitalized Interest. ANNEXATION It is contemplated that each developer will agree in its Annexation AGREEMENT: Agreement to the formation of the special service area on its property and the imposition of the special tax. In order to assure an adequate number of units is included and the resultant special tax is acceptable,all annexations would need to occur simultaneously. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of$1,000 in excess thereof. BOND FORM: Book-entry Only through DTC ANTICIPATED RATING: None TAXATION: Exempt from federal taxes;not subject to AMT;not exempt from State of Illinois income taxes. INTEREST PAYMENT March 1 and September 1,commencing September 1,2007 DATES: PRINCIPAL PAYMENT March 1, commencing March 1,2014 DATES: OPTIONAL REDEMPTION: The Bonds are subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date,in par,from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area(the PREPAYMENT: "Establishing Ordinance") and deposited into the Special Redemption Account of the Bond Fund,at a redemption price of par, together with accrued interest on such Bonds to the date of redemption. The Bonds will be called in order of maturity. DRAFT When the amount on deposit in the Special Redemption Account equals$1,000,such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION: The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT: Annually on or before the last Tuesday in December, the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL: Foley&Lardner UNDERWRITER: William Blair&Company TRUSTEE: Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMINISTRATOR: The City will hire David Taussig&Associates as the special service area administrator(the"Administrator")to assist the City in the levy,abatement and collection process. ... 71i.uu ryn cull: !1.♦p c 11�/,��tcl �1./yPOV•�pP�C/ wa��u. l l�1 ur.=7 = A - ••_■ �IIIIIII�\.�� °'�11,� ri f'I�J u-i �J.3�! �t �•i..t r ^ . (►I 1 ��♦♦i �� — /1 Inn 1 i III (I Pl:m• 1 fllll�1. 11110 \t�� I, ��S i L er mJl �'�—� t a►fat.�iiil��nm ;W;(pC` � 7t vl lull., � � •i �� r �I ' �; % i 1�'�i ACS 14�ST59•al2'r iJ�15.._,t_Illjl'� �' � � P it t t� 7 �. 1 /■I� -41K W I IF IVA 1p as f Wall a 7� •pv I �� A./tA � � I /NI I .II�,r J� A11� ' i•��,.,.lls�e5:l:!•j•�'`•�7.?e°�...6 Maly .7 m ♦1 � ,fr JAMWWA jl OWNER 'm �� SOUTHWEST winaTOR SERVICE: AREA E TM UNMD CM OP YO�. 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' , c1 ��_ _. p\ 1 .av oz ♦ 1111 ' • I�,��GL I�i� pia:jpu n •rr.:� iN -j- 'fib Illlf� VKHOaAMA �, .• .i� M �,- 7 Il lt� 9111116 t W. i ♦ A 141111.�t, � � ��.mgm 1 Y , 141; V L�1�Iu m g M / �� _��I��P♦`ice � 11 1 Il�NR 1/�.� . ►�. , ► �,�I JI � inN11Q� r �� I,LI►D:11111'�,1\ .. . 1..111 .,,�� i� ti' a�lii ►�*�/�I fo��lV...�NO 1. ,� ♦. am I,Ni♦ I I O � � r/�1:� r•ipl +�� o \ % �J�a s.Ja.N� �.1 a n•�)' \��`111�►,��`- : VI'`B �r �► ��` �JaL11 I� `• 1 1 1 1 1 EXHIBIT `EEE' RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement"),is made and entered as of the day of 200_,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation("CITY")and ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated , 2006 ("Annexation Agreement")pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision("Recapture Items")which will provide benefit to other properties("Benefited Properties") from the OWNERs of the Benefited Properties('Benefited OWNERS"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW,THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items,being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item("Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". There are a total of (__)Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s)which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent(6 %)per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel,or any portion thereof,his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof,or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items,whichever shall first occur,the CITY shall collect from such Benefited OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision(whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER,or such other person or entity as DEVELOPER may direct by written notice to the CITY,within thirty(30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERs as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances,resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty(20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein,in the amount of the Recapture Costs,plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns,may either in law or in equity,by suit, action,mandamus,or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense,with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville,11 60560 Fax: (630) 553-4350 with a copy to: John Wyeth,Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 If to OWNER F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement,regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. I Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Evergreen Farms) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 0 6 . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Evergreen Farms) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, )WHEREAS, there are no electors residing within the said territory, and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURR 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 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Evergreen Farm) WHEREAS, Evergreen Farm Estates, LLC is the legal owner of record of property described on Exhibit"A' attached hereto and incorporated herein(the Property), and WHEREAS Tanglewood Development Corporation,developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS,owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-2 Residential District as described in attached Exhibit "B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 E�-,, J�� REVISED August 3,2006 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT ASPEN RIDGE ESTATES This Annexation Agreement (hereinafter "Agreement"), is made and entered into this day of , 2006, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation, (hereinafter referred to as the"CITY"), and ASPEN RIDGE ESTATES, L.L.C., the owner of record of the subject property, (hereinafter referred to as the `•OWNER"). WITNESSETH WHEREAS, the OWNER owns fee simple title to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately 126 acres, more or less (hereinafter the "PROPERTY") which is located at the southwest comer of Fox and Pavillion Roads; and WHEREAS, the PROPERTY is located in an unincorporated area of Kendall County and is contiguous to the corporate limits of the City; and WHEREAS, there are no electors residing on the PROPERTY; and WHEREAS, the OWNER desires to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and to grant zoning and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, the OWNER and the CITY have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and -1- REVISED August 3,2006 WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the OWNER and the CITY agree that upon annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, the OWNER and the CITY have agreed to execute and deliver all petitions, give all notices, and enact all such resolutions and ordinances and provide and record all other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, inclusive,relating to annexation agreements, the parties hereto wish to enter into a binding agreement to govern the annexation, zoning, subdivision and development of the PROPERTY, and the performance of certain undertakings which are contingent upon said annexation,zoning and subdivision and to provide for various other matters related to the annexation of the PROPERTY in the future, as authorized by the provisions of said statutes; and WHEREAS, the Corporate Authorities, after due and careful review, have concluded that the annexation of the Property to the CITY and the zoning and development of the PROPERTY on the terms and conditions hereinafter set forth will (i) further the planned growth of the CITY; (ii) increase the tax base of the property lying within the City; and (iii) generally benefit the CITY and enhance and promote the general welfare of the CITY; WHEREAS, by a two-thirds (2/3) vote of the Corporate Authorities then holding office, the CITY has duly adopted an ordinance approving the terms and provisions of this Agreement (the "Approval Ordinance") and authorizing and directing the Mayor to execute and the City Clerk to attest to this Agreement on behalf of the CITY; and WHEREAS, each of the parties is materially changing its respective position in reliance upon the execution of this Agreement by the other parties and the performance by the other parties of their respective undertakings contained herein. NOW, THEREFORE, in consideration of the foregoing preambles and the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, THE PARTIES AGREE AS FOLLOWS: 1.ANNEXATION. The OWNER has filed a duly and properly executed petition pursuant to 65 ILCS 5/7-1-8 for annexation of the PROPERTY to the United City of Yorkville. Immediately after adoption of the Approval Ordinance, and at the same meeting, the CITY shall adopt, and the Mayor and City Clerk shall sign and attest, an ordinance (the "Annexation Ordinance") annexing the PROPERTY and all unincorporated contiguous right of way to the City. -2- REVISED August 3,2006 2. ZONING. A. Immediately after adoption of the Annexation Ordinance, and at the same meeting and in accordance with the United City of Yorkville Zoning Ordinance, the Corporate Authorities shall adopt, and the Mayor and City Clerk shall sign and attest, an ordinance (the "Zoning Ordinance") which shall classify the PROPERTY in the R-2 Single Family Residence Zoning District effective immediately upon the recording of the Annexation Ordinance and the plat of annexation. 3.DEVELOPMENT OF THE PROPERTY A. Approval of Preliminary Plat of Subdivision and Preliminary Engineering Plans. lans. Immediately after adoption of the Zoning Ordinance, and at the same meeting, the Corporate Authorities shall adopt an ordinance or resolution approving the preliminary subdivision plat and preliminary engineering plans and preliminary landscape plan referenced herein and made a part hereof (the "Preliminary Plans"), subject to addressing all of Engineering Enterprises, Inc. comments prepared May 3, 2005 and Schoppe Design Associates comments prepared May 4, 2005, copies of which are attached as exhibits hereto: 1. Preliminary Plat( 3 sheets), prepared by Smith Engineering Consultants, Inc., dated January 24,2005 and dated as last revised April 21, 2005 ("Exhibit B"); 2. Preliminary Engineering Plan(3 sheets),prepared by Smith Engineering Consultants, Inc., dated January 24, 2005 and dated as last revised April 21, 2005 ("Exhibit C"); 3. Landscape Plan(3 sheets),prepared by Ives/Ryan Group, dated January 24,2005 and dated as last revised April 20, 2005 ("Exhibit D"). B. General Rights and Obligations. The OWNER shall have the right to develop the PROPERTY in accordance with, and only in accordance with: (i) final plats of subdivision and final engineering plans to be approved by the CITY in accordance with this Agreement and the City Code; (ii) this Agreement; (iii)the Zoning Ordinance; (iv) the Preliminary Plans; and(v) any other document relative to the development of the PROPERTY that is required and approved by the CITY (collectively, the "Approved Documents"). In the event of a conflict between the Approved Documents and the City Code,the Approved Documents shall control. 3. ANNEXATION TO SANITARY DISTRICT. A. The OWNER agrees to file any necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District ("YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of YBSD. The CITY shall fully cooperate with the OWNER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the YBSD facilities, in order to facilitate the development and use of the PROPERTY. -3- REVISED August 3,2006 4. SANITARY SEWER AND WATER IMPROVEMENTS A. Owner's Obligation. At its cost, the OWNER shall construct all on-site sanitary sewer collection lines and all other on-site improvements that are necessary or desirable for the collection of sanitary sewage generated by the PROPERTY (the "Sewer Improvements") and all on-site water mains, distribution lines, and other improvements that are necessary or desirable for the provision of potable water to the PROPERTY (the "Water Improvements"), in accordance with City Code. B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the OWNER shall dedicate to the CITY those portions of the Sewer Improvements and Water Improvements that are required to be dedicated in accordance with the City Code (the "Public Sewer and Water Improvements"). The CITY shall promptly accept the dedication upon review and approval of the Public Sewer and Water Improvements and thereafter shall assume responsibility for all maintenance, repair and replacement thereof,in accordance with City Code. 5. STORM WATER IMPROVEMENTS A. Owner's Obligation. At its cost, the OWNER shall construct all storm sewers, detentions systems, and compensatory storage facilities that are necessary to convey storm water drainage from the PROPERTY in accordance with this Agreement and the City Code ("Storm Water Improvements"). B. Dedication. All Storm Water Improvements shall be owned and maintained by the OWNER or a home owner's association. The OWNER shall dedicate a maintenance easement or easements to the CITY allowing the CITY to maintain the Storm Water Improvements if the OWNER or home owner's association fails to maintain them C. City Cooperation. The CITY shall cooperate with the OWNER, at no cost to the CITY, and execute all applications, permit requests, and other documents necessary or desirable to obtain storm water approvals from any other governmental agency. 6. HOMEOWNER ASSOCIATION, DORMANT SPECIAL SERVICE AREA A. The OWNER shall establish a homeowners association("Association") of all lot owners within the PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall be established by a Declaration of Covenants, Conditions, Restrictions and Easements recorded against all of the PROPERTY other than those areas and improvements within the PROPERTY that may be dedicated to and accepted by the CITY. The Association shall have the primary responsibility and duty to cant' out and pay for maintenance of any storm water detention and retention facilities, drainage ways in easements, wetlands, open space, subdivision signage, landscaping and pavement areas, any of which are not dedicated to and accepted by the CITY and are not located within building lots, (collectively, "Common Facilities"), through assessments levied against all dwelling units within the PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the final -4- REVISED August 3,2006 plat for the Association. The Association shall be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including storm water detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first- class condition, and shall utilize the Association to provide sufficient funds to defray the cost of such maintenance and to establish reserve funds for future repairs and replacements. The OWNER shall convey to the Association all of the OWNER'S right, title and interest in and to all Common Facilities established on the PROPERTY as and when provided for in the declaration. These shall include all storm water management facilities depicted on the Preliminary Engineering Plan, as constructed pursuant to the subsequently approved final engineering plans. B. The OWNER agrees and shall consent to the CITY enacting at the time of final plat approval a Dormant Special Service Area to act as a back up in the event that the Association fails to reconstruct, repair and maintain the Common Facilities. 7.ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. OWNERS',DEVELOPER's and the CITY agree to establish a special service area("SSA") as a primary funding mechanism for installation of on-site and off-site public improvements, including,without limitation,potable water, fire flow and/or water storage facilities,roads, storm water facilities(i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements. The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on the appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of one or more SSA's pursuant to 35 ILCS 200/27-5 et seq.,but which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. However, CITY, OWNERS and/or DEVELOPER hereby expressly agree that the form of Special Tax or other Revenue Bond shall be the form of bond which requires a payment at the time of sale of a developed lot,or the time of issuance of a building permit, otherwise known as the"pay down"bond. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY,and the other properties joining in the SSA for the areas generally referred to as the"Southwest Infrastructure Developments"described in Section 8 of this agreement. S. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDING GREENBRIAR ROAD EXTENTION(SOUTHWEST INFRASTRUCTURE DEVELOPMENTS) -5- REVISED August 3,2006 A. CROSS CONTINGENCIES. OWNERS,DEVELOPER and CITY agree that this agreement shall be cross contingent with the CiTY's approval of Annexations with 6 Developments commonly referred to as the"Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s) payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish individual Special Service Areas(SSA's)within each of the subdivisions listed on Exhibit BBB. City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to intervene. The formation of The SSA's and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSA's, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA's, and that all SSA's will issue one mutual Special Tax Bond for payments of the improvements. 2. The special tax shall be available to fund the repayment of up to $_(this will be the pro rata amount owed by this development) million in special tax bonds. 3. The special tax revenue bonds shall be used to construct infrastructure as described on Exhibit"AAA". C. COST CONTAINMENT, OVERRUNS. In order to reduce the risk of cost overruns, OWNERS and/or DEVELOPERS agree that the amount of bonds sold should not be determined until bids have be received by the City for construction of the Southwest Infrastructure. Since final engineering must be completed prior to seeking bids, OWNERS and/or DEVELOPER agree to front fund the amount indicated on Exhibit"BBB" and to receive reimbursement for said sum from the sale of the Revenue Bonds. OWNERS and/or DEVELOPERS shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overruns. CITY will respond in writing to all OWNER and DEVELOPER comments and justify said overruns. All DEVELOPERS shall be responsible for contribution, based upon the same ratios and rational used in Exhibit"AAA"if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds. D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE. OWNERS and/or DEVELOPER agrees that traffic ultimately originating from this development, as well as all"Southwest Infrastructure Developments"will give rise to the need for the Green Briar Drive extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the acquisition of right-of-way of the Green Briar Drive Extension. The City deems the construction of Green Briar as a high priority and agrees to proceed with construction as funding -6- REVISED August 3,2006 is available. In addition, OWNER'S and/or DEVELOPERS agree to route all construction traffic along state Route 71 to Pavillion or High Point Road and then to the development, and not allow construction traffic to travel along Fox Road from Rt 47 to the development. E. RECAPTURE/RECOVERY OF INFRASTRUCTURE IMPROVEMENTS The CITY shall, in accordance with Chapter 65, Section 5/9-5-1 et.seq, of the Illinois Compiled Statutes,2002 Edition, enter into agreements for recapture/recovery("Recapture/Recovery Agreement")with DEVELOPER providing for the recapture/recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit"AAA", constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Property") not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit"DDD"attached hereto. Recapture for the Green Briar Drive improvement may include an increase of the normal and customary road fee for the Benefited Properties and therefore require the CITY to consider increasing this fee for the Benefited Properties via the annexation agreements for the Benefited Properties. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"EEE". 9. SECURITY INSTRUMENTS. A. As required by City Code, the OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds("Security Instruments") on the standard forms of the City, to guarantee completion and maintenance of the Land Improvements (as defined in the Yorkville Subdivision Control Ordinance)to be constructed as a part of the development the Property, as required by applicable ordinances of the CITY. The OWNER may use either irrevocable letters of credit or surety bonds for its Security Instruments, as permitted by State law. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. 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 of the completed work certified by the City Engineer, so long as the balance remaining in the Security Instruments is fifteen percent (15%) of the cost of the estimated total cost of the Land Improvements plus one hundred and ten percent (110%) of the cost to complete the remaining Land Improvements . 10. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS. The public Land Improvements constructed as a part of the development of the Property shall be accepted by the CITY pursuant to the provisions of the Subdivision Control Ordinance. The City shall exercise good faith and due diligence in accepting public Land Improvements following the OWNER'S completion thereof in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation not later than thirty (30) days from the date of the OWNER'S request for approval of any public improvements. -7- REVISED August 3,2006 11. OVERSIZING. A. In the event the OWNER is required as a condition of final plat or engineering plan approval to oversize water mains, sanitary sewer mains, storm sewer lines, public roads, traffic signals or other improvements that benefit other properties, the OWNER and CITY shall enter into a written agreement specifically providing that the costs of such oversizing or additional improvements be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of the OWNER. The CITY agrees to require anyone intending to connect to or use said oversized or additional facilities to pay the CITY prior to or concurrent with annexation, final plat of subdivision or issuance of a building permit. All identified properties benefiting from the oversized or additional facilities will be required to participate in the Recapture. In no event will connections be permitted to these facilities prior to meeting the obligation of the recapture obligation. The CITY then shall promptly reimburse the OWNER within 30 days of collecting any such payment for the OWNER'S costs of oversizing said lines including costs for deepening said lines. In the event the OWNER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance, with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite public hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. B. OWNER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. C. Except as otherwise expressly provided in this Agreement, the CITY represents and warrants that there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from the OWNER or its successors,upon annexation or final plat of the PROPERTY or connection of the PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the PROPERTY. 12. PROJECT SIGNS. A. On-Site Sienage. For so long as the OWNER is actively marketing the development, the OWNER shall have the right to install on the PROPERTY, subject to its receipt of plan approval from the City Administrator, and, once installed, the right and obligation to maintain: (i) two (2) double-faced advertising signs that are eight feet by sixteen feet (8' x 16') the locations of which are specified as follows: one (1) along Fox Road; one (1) along Pavillion Road; (ii) not more than one sign on each lot measuring no more than 2' x 3'; and (iii) informational and directional signs on the PROPERTY. The signage permitted hereunder shall be located with regard to proper sight distance to adjacent roadways. The OWNER shall promptly remove signs marketing the sale of dwelling units within the PROPERTY after it has ceased marketing such dwelling units. Immediately after the Effective Date, the OWNER shall be permitted to make application for and receive plan approvals for the double-faced advertising signs(as specified in(i) above) to be located on the PROPERTY. -8- REVISED August 3,2006 The OWNER shall have the right to install, subject to its receipt of plan approval from the City Administrator ground illuminated entrance monuments both at the Fox Road and Pavillion Road entrances to the PROPERTY. Entrance monuments shall be constructed in substantial conformance with the Preliminary Plans. All entrance monuments, and any associated landscaping, shall be maintained by the Association pursuant to the terms of the declaration of covenants. All entrance monuments shall be sited in a manner that ensures proper sight distance to adjacent roadways. All entrance monuments shall not be located in public right- of-ways or easements and shall have adequate separation from underground utilities. All other signage installed and maintained with the PROPERTY shall comply with the zoning and subdivision control ordinances of the CITY. The Corporate Authorities, by majority vote and without further public hearing or amendment to this Agreement, may approve modifications to the signage provisions contained in this Section provided the same have been specifically requested by the OWNER. B. Off-Site Sianaee. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, OWNER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNER and OWNER 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 maybe illuminated subject to approval by the CITY. 13. BUILDING AND CONSTRUCTION PERMITS A. Permit Issuance. The CITY shall issue building permits to the OWNER to construct dwelling units and other structures and improvements within fourteen (14) days of receipt of application therefore or within fourteen (14) days of the City's receipt of the last of the documents required to support such application. If the application is denied, the City shall provide the Owner with a written statement specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall issue such building permits upon the Owner's compliance with those requirements, provided a final plat has been recorded (except that the recording of a final plat shall not be required if the OWNER seeks a building permit from the CITY pursuant to the provisions of Paragraphs B below.) If the building permit application is not approved, the CITY shall provide the OWNER with a statement in writing specifying the reasons for denial of the application including specification of the requirements of law that the application and supporting documents fail to meet. The CITY agrees to issue such building permits within the normal CITY timeframes of the OWNER'S compliance with those requirements of law so specified in the previous statements of the CITY. B. Commencement of Earth Work. The CITY agrees to issue permits to the OWNER that authorize the commencement of excavation, site clearing, tree removal, mass grading, erosion and sediment control, filling and stock-piling activities with the PROPERTY, and commencement of construction of, storm water management improvements and on-site streets (all of the foregoing activities being collectively referred to herein as "Earth Work"). These Earth Work permits (each an "Earth Work Permit") will be issued upon meeting all of the requirements of applicable CITY and/or County of Kendall ordinance requirements. An -9- REVISED August 3,2006 Earth Work Permit will be issued provided (a) such work is undertaken at the OWNER'S risk; (b) the OWNER shall not undertake any Earth Work except with the approval of the City Engineer of a soil erosion and sediment control plan and of plans that contain sufficient information to demonstrate that the Earth Work will be accomplished in accordance with good engineering practices; (c)the OWNER shall take such actions as may be necessary to assure that such Earth Work ultimately complies with the approved final engineering plans; (d) no Earth Work will be undertaken in violation of the provisions of applicable CITY or County ordinances and regulations; (e) soil erosion control and storm water management facilities are in place prior to commencement of such Earth Work in a manner approved by the City Engineer; (f) no Earth Work shall take place in any area designated as floodplain or wetland until the OWNER has received the necessary permits for such activity; and (g) the OWNER first delivers a letter of credit or surety bond to the CITY to assure the restoration to the extent possible of the PROPERTY to its condition existing prior to the commencement of any such Earth Work in the event the OWNER abandons the development. The OWNER shall indemnify the CITY and the City Engineer against, and hold the CITY and City Engineer harmless from, any claims, actions or losses the CITY or the City Engineer may suffer, sustain or incur because another governmental agency takes action against the CITY or City Engineer after the OWNER undertakes development activities pursuant to the provisions of this Section. No other site improvements can commence until CITY approval of the final engineering plans and required local, state and federal permits are received. C. Meaning of"at the OWNER'S Risk". The OWNER, in stating that the OWNER proceeds with any work or any construction pursuant to the provisions of Paragraph B above "at the OWNER'S risk, hereby acknowledges that if any completed work or if any completed construction fails to conform to the applicable final engineering plans for such work or construction, to any other applicable final plans, or to any applicable federal, state, county or CITY requirements, the CITY shall have the option of determining whether the OWNER shall then be required to correct such work or construction so that it does conform to such final engineering plans, to such other plans, or to such governmental requirements or whether the OWNER shall then be required to modify its plan of development for the PROPERTY to reflect such non-conformance. Under such circumstances, the OWNER may seek a variance from the final engineering plans, from such other plans, or from such governmental requirements. D. Architectural Controls. Building permits for construction of dwelling units shall be subject to the CITY's Appearance Code (Title 8, Chapter 15 of the City Code) in the form as adopted by Ordinance No. 2005-51, a copy of which is attached hereto as Exhibit E. E. Completion of Improvements prior to Occupancy. The CITY agrees to issue certificates of occupancy within seven (7) working days of request for final inspection and submittal of all required documents or issue a letter of denial within said period of time informing the permit applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the specific section(s) of the Code and/or this Agreement relied on by the CITY. Street trees, parkway seeding, driveways, and final surface course of streets or other similar items which also cannot be installed or completed because seasonal weather does not permit same need not be completed prior to issuance of an occupancy permit for any such dwelling unit. The OWNER shall comply with the CITY's site inspection policy for certificates of occupancy. At all rimes during construction the OWNER -10- REVISED August 3,2006 shall be responsible for removal of construction debris and waste related to the PROPERTY. 14 MODEL HOMES PRODUCTION UNITS, SALES TRAILERS, CONTRACTOR TRAILERS. A. During the development and build out period of the PROPERTY (subsequent to final plat approval), the OWNER, and such other persons or entities as the OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with the OWNERS, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the OWNER. B. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. C. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen(15)production dwelling units shall be issued by the CITY upon proper application thereof prior to the installation of Land Improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. D. The OWNER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of the PROPERTY prior to final plat approval, provided any such temporary trailers shall be removed within one (1) week following issuance of the last occupancy permit for the PROPERTY. A building permit will be required by the CITY for any temporary trailer that will be utilized as office space. Prior to construction of the temporary sales trailers the OWNER shall submit an exhibit of the sales trailer sites with landscaping and elevations for the CITY'S approval. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers shall be located in the public right-of-way. E. The OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnifies") 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 -11- REVISED August 3,2006 installation of the public street and water improvements required to service such dwelling unit. 15. ONSITE EASEMENTS AND IMPROVEMENTS. A. In the event that during the development of the PROPERTY, the OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of the OWNER&obligation for the PROPERTY in accordance with this Agreement and the Preliminary Plans, and subsequently approved final engineering plans and specifications, the CITY shall fully cooperate with the OWNER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be home by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plans and in this Agreement, the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the OWNER'S request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY project to be funded by the OWNER. 16. FEES, CHARGES AND CONTRIBUTIONS. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license,tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "F". At the expiration of this five (5) term, the CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 17. SCHOOL AND PARK LAND/CASH CONTRIBUTIONS. A. School Land/Cash Contributions. The amount of$4,781.00 per dwelling unit shall be paid at the time of building permit application in satisfaction of the requirements for school cash contributions under the School Land / Cash Ordinance in effect as of the Effective Date. B. Park Land/Cash Contributions. The final plat of subdivision shall dedicate to the CITY a 20-foot wide area for a recreational path("Path") and an approximately 1.88 acre community park ("Park") in the areas noted and indicated on the Preliminary Plans. The -12- REVISED August 3,2006 OWNER shall construct the Path in accordance with approved final engineering plans and specifications within one (1) year of recording of the final plat of subdivision. As a condition of recording the final plat, the OWNER shall pay to the CITY cash as required by and in accordance with the Park Land/Cash Ordinance in effect as of the Effective Date. In calculating the amount due thereunder the CITY agrees that OWNER shall be entitled to full credit for 100% of the total acreage of the dedicated Park and improved Path and shall pay the City$392,800.00 for the balance of OWNER'S contribution requirements under said Ordinance. The CITY shall commence park improvements within one (1) year of recording of final plat of subdivision provided appropriate access is available to the dedicated park site for construction. 18. AMENDMENTS TO ORDINANCES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ("Permitted Modifications"). OWNERS and DEVELOPER shall be granted approval by the CITY to utilize a four to one (4/1) side slope ratio with a five feet (5') buffer requirement in the retention areas as depicted in Exhibit"J". 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 terns of this Agreement, and included in EXHIBIT"I", shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the date of this agreement, provided, however, that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance modifications and/or variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character -13- REVISED August 3,2006 upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 19. BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 20. PLATTING. The CITY will approve final plats within ninety (90) days of receipt of application therefore or within ninety (90) days of the City's receipt of the last of the documents required to support such application. All proposed Final Plat units for this development shall contain a minimum of 40 dwelling units. 20. REMEDIES. A. Without limiting any of the remedies otherwise available at law or in equity to OWNER or CITY as a result of the breach of this Agreement,the Parties agree as follows. B. This Agreement shall be enforceable in any State court of competent jurisdiction by the Parties and their successors and assigns. Enforcement may be sought by an appropriate action in law or in equity to secure performance of the covenants, agreements, conditions and obligations contained herein, including specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. C. No action taken by any Party pursuant to the provisions of this or any other section of this Agreement shall constitute an election of remedies, and all remedies set forth in this Agreement, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. D. Unless otherwise expressly provided herein, in the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty(30) days after notice of said breach to correct the same prior to the non-breaching Party's seeking of any remedy provided for herein. If such breach cannot be corrected within thirty (30) days, the non-breaching Party shall not seek to exercise any remedy provided for herein as long as the defaulting Party has initiated the cure of said breach and is diligently prosecuting the cure of said breach. E. In the event the performance of any covenant to be performed hereunder by any Party 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 -14- REVISED August 3,2006 weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, license, or and any similar cause), the time for such performance shall be extended by the amount of time of such delay. F. 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 Parry 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. 21. PARTIAL INVALIDrrY OF AGREEMENT. A. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111-15.1-1, et seq., Illinois Compiled Statutes. If any provision of this Agreement(except those provisions relating to the requested annexation and rezoning of the PROPERTY and approval of Preliminary Plans identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. In addition the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. B. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid,the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning,variations and plat approvals proposed herein. 22. NOTICES Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Attn: City Administrator copy to: City Attorney: John J. Wyeth, Esq. 800 Game Farm Road Yorkville, IL 60560 -15- REVISED August 3,2006 OWNER: Aspen Ridge Estates LLC 19250 Everett Lane Suite 101 Mokena,Illinois 60448 Attn: Paul Dresden copy to: David T. Meek, Esq. Quarles&Brady LLP 500 West Madison Street Suite 3700 Chicago,Illinois 60661 22. GENERAL PROVISIONS. A. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terns 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 terns and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. B. Amendment. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes in force from time to time. The CITY and the then-owner of record of any portion of the PROPERTY, even if not the OWNER named herein, may agree (only in writing) to amend or modify this Agreement as to such portion(s) of the PROPERTY without the consent of the owner(s) of other portion(s) of the PROPERTY, so long as such amendment or modification does not alter the rights, obligations or remedies provided in this Agreement for any owner or any other portion of the PROPERTY which is owned by such owner of record. C. No Third Party Beneficiaries.No provision of this Agreement is intended to benefit, nor shall any provision of this Agreement benefit, any party, individual or entity other than a party to this Agreement or its respective successor or assign. D. Effective Date. The date on which this Agreement becomes effective (the "Effective Date") shall be the date on which it has been approved and executed by all parties hereto. E. Term of Agreement. This Agreement shall be effective from its Effective Date for twenty (20) years (the"Term"); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this Agreement, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and the OWNER. -16- REVISED August 3,2006 F. Representations as to Further Action. The CITY and the OWNER hereby agree to take all necessary actions as may be required to carry out the terms of this Agreement and to do so in a timely fashion. The OWNER shall operate as required to effectuate these actions, and the CITY shall use its best efforts to take such actions in a timely manner. Failure of either party to take such actions shall be considered an event of default under this Agreement. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. G. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. H. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois, at OWNER'S expense. I. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. J. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. K. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. L. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the OWNER,including,but not limited to, county, state or federal regulatory bodies. 23. SUCCESSORS AND ASSIGNS. A. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successor(s) in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is specifically agreed that the OWNER shall have the right to sell, transfer, lease, and assign all or any part of the Property to other persons, firms, partnerships, corporations, or other entities for building or development purposes (as well as for occupancy) and that such persons, firms,partnerships, corporations, or other entities shall be entitled to the same rights and have the same obligations as the OWNER has under this Agreement. B. It is understood and agreed that this Agreement constitutes a covenant running with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. C. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved -17- REVISED August 3,2006 or unimproved. D. The foregoing to the contrary notwithstanding, the obligations and duties of the OWNER hereunder shall not be deemed transferred to or assumed by, any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for purchaser's residential occupation, unless otherwise expressly agreed in writing by such purchaser. E. In the event of a sale, transfer or assignment, the CITY shall have no duty to return any portion of any security posted in connection with the portion of the PROPERTY so transferred until substitute security acceptable to CITY is received. 24. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying residential zoning district classification. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [EXECUTED ON FOLLOWING PAGE] -18- REVISED August 3,2006 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY: OWNER: THE UNITED CITY OF YORKVILLE ASPEN RIDGE ESTATES LLC By: By: Mayor Its: Attest: City Clerk Date of Execution: 12006 Date of Execution: 12006 -19- REVISED August 3,2006 EXHIBITS A. Legal Description B. Preliminary Plat of Subdivision C. Preliminary Engineering Plans D. Preliminary Landscape Plans E. Appearance Code F. Fee Schedule I. Modifications to Subdivision Control Ordinance J. Pond Deviation Exhibit AAA. Overall Infrastructure Funding Summary BBB. Front Funding Distribution Summary CCC. SSA Summary of Terms DDD. RecapturelRecovery Area Benefited Property EEE.Recapture/Recovery Agreement -20- LEGAL DESCRIPTION THAT PART OF SECTION 5 AND THAT PART OF THE EAST HALF OF SECTION 6,AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER OF UNIT FIVE,FOXLAWN;THENCE NORTH 67 DEGREES 26 MINUTES 00 SECONDS EAST ALONG THE SOUTHERLY LINE OF UNIT FIVE,FOXLAWN 816.1 FEET TO THE SOUTHEASTERLY CORNER THEREOF;THENCE NORTH 67 DEGREES 20 MINUTES 16 SECONDS EAST ALONG A FENCE LINE 1473.92 FEET;THENCE SOUTH 16 DEGREES 21 MINUTES 28 SECONDS EAST ALONG A FENCE LINE 1537.61 FEET;THENCE SOUTH 16 DEGREES 28 MINUTES 31 SECONDS EAST ALONG A FENCE LINE 2,228.02 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NUMBER 71,THIS COURSE HEREINAFTER REFERRED TO AS LINE'A;THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE,BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5105.59 FEET,A DISTANCE OF 90.13 FEET TO A LINE DRAWN PARALLEL WITH AND 90 FEET WESTERLY OF,AS MEASURED AT RIGHT ANGLES TO,LINE'A'AFORESAID;THENCE NORTH 16 DEGREES 28 MINUTES 31 SECONDS WEST ALONG SAID LINE DRAWN PARALLEL WITH LINE'A'484.93 FEET;THENCE SOUTH 72 DEGREES 05 MINUTES 18 SECONDS WEST 473.01 FEET;THENCE SOUTH 16 DEGREES 28 MINUTES 31 SECONDS EAST 272.84 FEET;THENCE SOUTH 32 DEGREES 41 MINUTES 01 SECONDS EAST 188.57 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ROUTE NUMBER 71;THENCE SOUTH 74 DEGREES 35 MINUTES 16 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE 440.05 FEET TO THE SOUTHEASTERLY CORNER OF A TRACT OF LAND CONVEYED TO GEORGE C.BELL AND WIFE BY WARRANTY DEED RECORDED JANUARY 13, 1971 AS DOCUMENT 71-93;THENCE NORTH 18 DEGREES 07 MINUTES 30 SECONDS WEST ALONG AN EASTERLY LINE OF SAID BELL TRACT 240 FEET TO AN ANGLE IN SAID EASTERLY LINE;THENCE NORTH 74 DEGREES 42 MINUTES 30 SECONDS EAST 100 FEET;THENCE NORTH 18 DEGREES 07 MINUTES 30 SECONDS WEST 360 FEET;THENCE SOUTH 74 DEGREES 42 MINUTES 30 SECONDS WEST 371 FEET;THENCE SOUTH 18 DEGREES 07 MINUTES 30 SECONDS EAST 182 FEET; THENCE SOUTH 74 DEGREES 47 MINUTES 30 SECONDS WEST 418 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO MERVIN J.WISSMILLER AND WIFE BY WARRANTY DEED RECORDED APRIL 30, 1974 AS DOCUMENT 74- 1947;THENCE NORTH 18 DEGREES 07 MINUTES 30 SECONDS WEST ALONG SAID EASTERLY LINE 576.02 FEET TO THE NORTHEAST CORNER OF SAID WISSMH,LER TRACT;THENCE SOUTH 72 DEGREES 23 MINUTES 49 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID TRACT 720.25 FEET;THENCE NORTH 13 DEGREES 56 MINUTES 14 SECONDS WEST 2495.06 FEET TO THE POINT OF BEGINNING,(EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 5,AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 5,362.34 FEET;THENCE NORTH 14 DEGREES 17 MINUTES 11 SECONDS WEST 1895 FEET TO THE NORTH LINE OF ILLINOIS STATE ROUTE NUMBER 71; THENCE WESTERLY ALONG SAID NORTH LINE TO A POINT WHICH IS 90.0 FEET NORMALLY DISTANT WESTERLY OF THE LAST DESCRIBED COURSE;THENCE WESTERLY ALONG SAID NORTH LINE,BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5,105.59 FEET, 191.17 FEET;THENCE SOUTH 76 DEGREES 07 MINUTES 12 SECONDS WEST ALONG SAID NORTH LINE 1 17.50 FEET;THENCE SOUTH 82 DEGREES 06 MINUTES 09 SECONDS WEST ALONG SAID NORTH LINE 112.0 FEET;THENCE SOUTH 82 DEGREES 06 MINUTES 09 SECONDS WEST ALONG SAID NORTH LINE 36.76 FEET TO AN ANGLE POINT IN SAD NORTH LINE;THENCE SOUTH 76 DEGREES 07 MINUTES 12 SECONDS WEST ALONG SAID NORTH LINE 278.0 FEET FOR THE POINT OF BEGINNING;THENCE SOUTH 76 DEGREES 07 MINUTES 12 SECONDS WEST ALONG SAID NORTH LINE, 125.59 FEET TO THE SOUTHEASTERLY CORNER OF A TRACT OF LAND CONVEYED TO GEORGE C. BELL,AND HIS WIFE BY WARRANTY DEED RECORDED JANUARY 13, 1971 AS DOCUMENT 71-93;THENCE NORTH 18 DEGREES 07 MINUTES 30 SECONDS WEST ALONG AN EASTERLY LINE OF SAID BELL TRACT,240 FEET TO AN ANGLE IN SAID EASTERLY LINE;THENCE NORTH 74 DEGREES 42 MINUTES 30 SECONDS EAST TO A LINE DRAWN NORTHWESTERLY FROM,AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID ROUTE 71,FROM THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID LINE TO THE POINT OF BEGINNING;AND ALSO EXCEPT THAT PART OF THE SOUTH HALF OF SECTION 5,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 5,362.34 FEET;THENCE NORTH 14 DEGREES 17 MINUTES 11 SECONDS WEST 189.5 FEET TO THE NORTH LINE OF ILLINOIS STATE ROUTE NUMBER 71;THENCE WESTERLY ALONG SAID NORTH LINE TO A POINT WHICH IS 90.0 FEET NORMALLY DISTANT WESTERLY OF THE LAST DESCRIBED COURSE; THENCE WESTERLY ALONG SAID NORTH LINE,BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5,105.59 FEET, 191.17 FEET;THENCE SOUTH 76 DEGREES 07 MINUTES 12 SECONDS WEST ALONG SAID NORTH LINE 117.50 FEET; THENCE SOUTH 82 DEGREES 06 MINUTES 09 SECONDS WEST ALONG SAID NORTH LINE 112.0 FEET;THENCE NORTH 30 DEGREES 36 MINUTES 39 SECONDS WEST 188.57 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 30 DEGREES 36 MINUTES 39 SECONDS EAST 188.57 FEET;THENCE SOUTH 82 DEGREES 06 MINUTES 09 SECONDS WEST ALONG SAID NORTH LINE 36.76 FEET TO AN ANGLE POINT IN SAID NORTH LINE;THENCE SOUTH 76 DEGREES 07 MINUTES 12 SECONDS WEST ALONG SAID NORTH LINE 278.0 FEET;THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 300.0 FEET;THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 259.40 FEET TO A LINE DRAWN NORTH 14 DEGREES 17 MINUTES 11 SECONDS WEST FROM THE POINT OF BEGINNING;THENCE SOUTH 14 DEGREES 17 MINUTES 11 SECONDS EAST 123.25 FEET TO THE POINT OF BEGINNING)IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,ILLINOIS. EXHIBIT `E' Exhibit"A° Title 8,Building Regulations New Chapter 15 APPEARANCE CODE I. OBJECTIVES 1. The fostering of: a. Sound and harmonious design of new buildings and sites. b. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project,its surroundings and the community,by giving encouragement,guidance and direction. C. Better maintenance of properties through encouragement of preservation, upkeep,protection and care. d Greatcr public interest and enthusiasm in overall community beauty, appearance,cleanliness and order. 2. Establish standards for new construction and development wDlt respect to,but not limited to,buildings,streetscapes and landscapes. 3. Fncourage creative non-monotonous community desirns utilizine desi_n professionals. II. APPLICABILITY I. The provisions of this code shall apply to: a, building permits for new construction applied for after the execution of the Ordinance,and/or b. building permits for additions to existing commercial or industrial buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s)are equal to 10%of the floor area or 200 sq.ft., whichever is more and/or C. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction (Le., 25% of the facade is removed and/or different type of facade material is used and/or if the size of windows/doors are being modified by more than 25%) done to non-residential or attached single family or multi-family buildings 1 EXHIBIT `E' APPEARANCE CODE d. Additions and/or major fagade work shall be assessed on a cumulative basis (i.e.,if a 10 percent modification is conducted at one time and later another 10 percent modification is made, the cumulative impact is 20% and therefore, a 20%compliance ratio is expected.) 2. The provisions of this code shall not apply to: a. 'lltis code shall not apply to industrial accessory sfructures. However.all aceessgry structures should compliment the main structure: b. This code shall not apply to those buildings where siding is being replaced with similar siding materials. c. Provisions of this Code shall not apply to any P11Ds already approved prior to the adoution of this Code unless so stinulatedjn the PUD 3. The provisions of this code shall be deferred until May I,2009,for lots located within the Fox Industrial Park. III. PROCEDURES I. the City Building Official,or his/her designee,shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code,prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code,shall he made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Fngade Committee,who shall make a recommendation to the City CounciL The City Council's decision shall be final. 3. The Fagade Committee shall consider the following points prior to providing the City Council with a written recotmnendation: a. Will the objectives outlines in Section I be met if the requested deviations are granted? b. is there a particular physical condition of the specific property and/or building(s)involved that would create a parti cular hardship to the owner,as distinguished from a mere inconvenience,if the strict letter of these regulations were carried out? C. Will granting the requested deviation from these regulations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? EXHIBIT `E' APPEARANCE CODE d. Will granting the requested deviation impair an adequate supply of light and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety,or substantially diminish or impair property values within the neighborhood? IV. DEFINITIONS I. Across the Street: A lot with a side vard4roperp line whcnprojectcd across the streei. intersects the front preriy line of the subject lot. 3. Adjacent To: defined as lots sharing a side yard property line. 4. Contjguous lot Shaves a common nroperry_line extended across the street with such lot. 5. Front_Facade: the net surface area,excluding windows,doors and ages.that faces a street and includes a main entry to the building.. 6. Major Architectural Features: Covered porches,Boxed out Bays/Projections:Decorative Dormers.Juliet Balconies,Metal Roofs. 110% credit for eachl 6. Masonry Products: brick,stone,split face brick or architectural blocks. 7. Premium Siding Material: Masonry Products cultured stone,natural wood siding aand synthetic stucco V. CRITERIA FOR APPEARANCE 1. General Creativity and ingenuity in applying the standards and guidelines listed in this Code are encourage. Likewise,ingenuity and creativity,while considering deviations to the standards and guidelines of this Code,are encouraged. 2. Landscape and Site Treatment a. The provisions of the City of Yorkville's Landscape Ordinance shall apply. h. Exterior lighting when used,shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided- 3 EXHIBIT `E' APPEARANCE CODE Maximum illumination at the property line shall not exceed 0.1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. C. The provisions of the Ordinance in regards to bulk regulations,standards and off-street parking;relating to trees and shrubs;all other Ordinances,or portions of Ordinances,which directly affect appearance,shall be a part of the criteria of this sub-section. 3. Residential a. Single-family detached and Duplexes (1) Unless stated otherwise within this ordinance,no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building shall be dissimilar in appearance to another residential building across the street from,or adjacent to the newly constructed building. (3) A residential dwelling on a comer lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the are of the cul-de-sac. (5) For the purpose of this section,"similar in appearance"shall mean a residential building,which is identical to another,in combination with any four or more of the following architectural characteristics: (a) Roof type(gable,hip mansard,gambrel,flat,combination). (b) Height of roof ridge above finished grade of property. (c) Dimensions(height and length)and shape of the facades facing the front lot line. (d) Locations and sizes of windows,doors(including garage doors)and ornamental work on the fagade facing a front lot line. (e) Type of fapade,materials(i.e.,brick veneer,lapped horizontal siding,half timber,board and batten,shakes,etc.)on the fagade facing a lot line. (f) Porch Dimension and elevation treatment. (6) A building is considered dissimilar when less than four of the above characteristics exist among subject dwellings. 4 EXHIBIT `E' APPEARANCE CODE b. Single-family attached and h4ultiple-family The intent of this Ordinance specifically pertaining to single-family attauhed and multi- [amily buildines.is to create a"sense of community". This can be achieved through careful site planning as well as thoughtful building design and color selections. (1) The building footprint of single-£family attached and multi-family buildings can be the same However,the fnpade treatments must vary between buildings that are adjacent to one another. Fagade variations may include building materials or colors in any one or more of the following: (a) Sidin (b) Masonry (c) Roof (d) Paint/Stain (e) Doors (2) Sites where requested setbacks and yards are Icss than the minimum zoning district requirements must provide an intgrestinR relationship bctwecn buildings. (3) Parking areas sball be treated with decorative elements,building wall extensions, plantings,berms and other innovative means so as m largely screen parking areas from view from public ways. (4) The height and scale of each building shall be compatible with its site and adjoining buildings. (5) Newly installed utility services,and service revisions necessitated by exterior alterations, shall be underground. (6) The architectural character of the building shall be in keeping with the topographical dictates of the site. ('n Masonry Products shall be ineorpgrated on the&opt facade of at leas[?5°/n of the total buildings in the approved community and sha11 treat orate a minimum of 50%Premium Siding material on the front facade No less than halff25%of the total)of the minimum "Premium Siding"requirements melt incorporate Masonry Products. Credit toward the remaining"Premium Siding"regu"vcment can he gamed�ga the use of Maior Architectural Features Each Major Architectural Feature used will earn a credit of 10% towards the calculation of the minimum Premium Siding Requirement, Example: A building with 30%masonry on the front elevation will require the use of two"major architectural features"(10%+ 10%-20%)to comply with the total"50%Premium Siding material on the front facade". (S) Pedestrian features/amenities,such as covered walkways,street Furniture,and bicycle rack. facilities are encouraged. 5 EXHIBIT `E' APPEARANCE CODE (9) Common open space and outdoor features are encouraged. 4. Non-Residential a. General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape,and to provide for adequate planting, pedestrian movement,and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Newly installed utility seniccs,and service revisions necessitated by exterior alterations,shall be underground. (d) The architectural character of the building shall be in keeping with the topographical dictates of the site. (e) In relating buildings to the site,the provisions of the Zoning Ordinance in regard to bulk regulations,standards,and off- street parking shall be part of this criteria_ This shall also apply to sub-section 2 which follows. (2) Relationship of Site to.Adjoining Area (a) .Adjacent buildings of different architectural styles shall be made compatible by such means as screens,site breaks and materials. (b) Attractive landscape transition m adjoining properties shall be provided. (c) Harmony in texture,lines and masses is required. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. 6 EXHIBIT `E' APPEARANCE CODE b. Building Design (1) Commercial,Office and institutional Uses (a) Guidelines for sites that have existing buildings ), When adding an addition,distinct cola variation to an existing building is omhibited. 2. When a site abuts a county,state or federal highway,and when an existing building is modified,the property owner shall be required,to the greatest extent possible,to meet the standards set forth below for the entire building. 3. if an additional building(s)is placed on the site,the additional building(s)shall,to the greatest extent possible,compliment the architectural style of the principal building. 4. .4ny additional building(s)placed on the site shall,to the greatest extent possible,compliment the materials and/or colors of the principal building on the site. (b) Guidelines for unbuilt sites (1) Masonry Products or Pre-Cast shall be incorporated on at Icast 50%of the total building,as broken down as follows: The front fagade shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50"%of the fagade. Any other fagade that abuts-a street shall incorporate Masonry Products. The use Masonry Products or Prc-Cast concrete is encouraged on the remaining facades. (2) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development,to prevent monotony,and to improve the aesthetic quality of the, development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlets shall reflect the style,materials,and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards(i.e.,in terms ofvisual design materials and layout of the building),new outlet development proposals will be reviewed using the guidelines and standards contained in this document. 7 EXHIBIT `E' .APPEARANCE CODE (5) Pedestrian scale features/amenities,such as solid-colored awnings, covered walkways,windows,street furniture,bicycle rack facilities and clearly defined entranceways are encouraged. (G) Common open space and outdoor seating areas are encouraged within commercial,office and institutional developments. (7) The location of parking lots in a manner that is logical,safe and pedestrian friendly is encouraged. In this respect,the location of parking lots in the rear or side of a building is encouraged. (8) Parking areas shall be treated with decorative elements,building wall extensions,plantings,berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive-througb facilities,including drive-through lanes, bypass lanes,and service windows,adjacent to a public right-of-way are not desirable and are discouraged. (10) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of-way. (c) Standards (1) All commercial,office and institutional buildings shall consist of solid and durable fapade materials and be compatible with the character and scale of the surrounding area. (2) Masonry Products shall not be painted. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles.but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial,office or institutional building is required. (4) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Arcbitectural features such as parapet walls and varying rooflines,are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing,as appropriate and shall be maintained year round. (5) When loading bays are placed where they can be viewed from a County,State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road,landscaping between the building and the street shall be such that within five(5) years of installing the landscaping,it can be reasonably assumed that the bay doors will screened from the road. 3 EXffiBPf `E' .APPEARANCE CODE 5. Industrial Uses a. Cuidelfues (1) Masonry Products or Pre-Cast concrete shall be incorporated on at least 50%of the total building,as broken down as follows: The front fagade(defined as that fagade that faces a street that include a main entry to the building) shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50%of the fagade: Any other fagade that abuts a street shall incorporate Masonry Products or Pre-Cast concrete. The use of Masonry Products or Pre- Cast concrete is encouraged on the remaining facades. 'Where pre-cast concrete panels or split-face block is utilized, the use of colors, patterns, or other architectural features within these panelstblocks is encouraged. (2) Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one anolher. (3) The location of parking lots in a manner that is logical,safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (4) Loading bays for industrial uses inky be placed along the front of the building or the side(s)abutting a public right-of- way when there is an industrial use across from that£arcade. D&nvise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. When loading bays are placed where they can be viewed from a County,. State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five(5)years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. 9 EXIIIBIT `E' APPEARANCE Cn_Dk b. Standards (1) Industrial buildings shall consist of solid and durable faFade materials and be compatible with the character and scale of the surrounding area. (2) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30%) of the length of the fagade abutting a public street in an effort to break up the mass of the structure. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (a) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying roof7ines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing as appropriate. 6. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. Wall sighs shall be part of the architectural concept. Sire, color, lettering, location and arrangement shall be harmonious with the building design,and shall be compatible with signs on adjoining buildings. 10 Name of Fee Amount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit,paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure Fee $3,523 per acre PAID BY SPECIAL TAX PROCEEDS $650+$,0.20 per 5 Building Permit Fee square foot Building Permit 8 Water Connection Fee $3,700 per unit PAID BY SPECIAL TAX PROCEEDS 7 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit PAID BY SPECIAL TAX PROCEEDS 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works(Development Impact Fee) $700 per unit Building Permit 111h Police(Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as$5,509 per unit it paid at time of see"time of permit,or$3,288 per unit if paid at time of final plat for all units in the entirely 1 l Municipal Building(Development Impact Fee) payment" of the annexed development. 11d Library(Development Impact Fee) $500 per unit Building Permit 11e Parks and Rec(Development Impact Fee) $50 per unit Building Permit 111 Engineedng Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11g Fee) $1,000 per unit Building Permit Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 12 Parks Land Cash Fee per acre agreement and land/cash donations negotiated Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexatior/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit PAID BY SPECIAL TAX PROCEEDS $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75%of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25%of Approved Engineer's Estimate of Cost of Land 18 Engineering Review Fee Improvements Final Plat "To ljLq 1W 00 AR u 64 . ........... ............ 5So�� es; VA \ � LEI�! -�r�l� l J n�!_�� I� i. _.'j'q,, 'I i �� In . ...... 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E Wo a 9 rc LL _ p 6 U N c c ZO 2 E R m° y cy m .. tt 2 v `b v E 'n f v Q a o K u E 4 ag i v 20 � � w ry a w z'o m m i-m y i w� � _ � „ : • ! � , ! ! ! ) � §;} § O§u { \�� ! § � § - Ix 2 .12 ; „ r � | § . . \ ) k \ - f / . { a . - \ !| | ■ ® � � � ! \ ® n | 2 ! ; # ! C- E! an | �§§ - ° -| § ■ ! ! E : | =� � ) , ! » ! « & ! § ! !4 \�� - \ \ \ : 7f K} / DRAFT UNITED CITY OF YORKVILLE,ILLINOIS KENDALL COUNTY,ILLINOIS SPECIAL SERVICE AREAS SERIES 2007—PAYDOWN BONDS (Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms ISSUER: United City of Yorkville,Illinois(the"City") BOND TYPE: Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off-site Public Improvements benefiting the Special Service Areas(the "Areas"). Improvements include roadways(including Pavillion Road) sanitary sewer facilities,water facilities,costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS: The City will form five separate special service areas(the"Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated,the special service areas will be: Acreage* Units* Silver Fox 103 172 Evergreen Farms 49 77 Aspen Ridge Estates 126 217 Chally Farm 154 224 York Wood Estates 178 185 *(subject to change) SECURITY: - A first lien on all Special Taxes imposed upon all property within each Special Service Area. - A Reserve Fund equal to 10%of the initial par amount of the Bonds. - the Special Service Areas will not be cross-collateralized USE OF PROCEEDS: The proceeds of the Bonds will be used to 1)purchase and/or construct certain Public Improvements;2)fund a debt service reserve equal to 10%of par; 3)to pay capitalized interest for up to 25 months;and,4) pay costs of issuance. COUPON: TBD FINAL MATURITY: March 1, 2017 AMORTIZATION: Amortization will be in years 2014 through 2017. DRAFT STRUCTURE: Pursuant to a Special Tax Roll, the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively,this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property (i.e.,prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly, the Trustee would use all prepayments to redeem bonds. See "Special Mandatary Redemption from Property Owner Prepayment." Beginning in 2009,each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment,the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Average Estimated Tax Payments SPECIAL TAX PAYMENTS: (per unit) Year Amountttl 2009 $1,195 2010 1,195 2011 1,195 2012 1,195 2013 6,481 2014 6,480 2015 6,480 2016 4,186 Itt -includes principal and interest -assumes an average debt of$22,940/unit -assumes title does not transfer -assumes.no prepayment and an average Debt Service Reserve Credit of$2,294/unit ESTIMATED SOURCES Sources: AND USES OF FUNDS: Bond Proceeds $20,074,000 Original Issue Discount•" (200,740) City Funds 2,000,000 Interest Eamingst'' 619.425 22,492,685 Uses: Improvements 17,743,660 Debt Service Reserve'') 2,007,400 Capitalized Interest(') 2,300,145 Costs of Issuance") 441,480 22,492,685 t" In order to allow for prepayment at any time without penalty,the bond purchasers will require a I%discount on the bonds at the time of issuance. f t Interest is earned on the unspent bond proceeds held by the bond trustee. t't The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See"Debt Service Reserve." t41 Interest is capitalized through March 1,2009. The first tax bill will be June 2009. tst Costs of issuance are estimates and subject to change. DRAFT DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10%of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount (see`Payoff')at the time the lien is released(the"Debt Service Reserve Credit"). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF: Based on a$20,074,000 bond issue,the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit Anamme't Silver Fox 19,388 2,559 21,946 2,195 19,752 Evergreen Farm 22,914 3,024 25,938 2,594 23,345 Aspen Ridge Estates 20,252 2,673 22,925 2,292 20,632 Chally Farm 19,706 2,601 22,307 2,231 20,076 York Wood Estates 20,680 2,729 23,409 2,341 21,068 ut Difference between`Payoff Amount"and"Fee per DU"equals each unit's per share cost of the Costs of Issuance and the Capitalized Interest. ANNEXATION It is contemplated that each developer will agree in its Annexation AGREEMENT: Agreement to the formation of the special service area on its property and the imposition of the special tax. In order to assure an adequate number of units is included and the resultant special tax is acceptable,all annexations would need to occur simultaneously. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of$1,000 in excess thereof. BOND FORM: Book-entry Only through DTC ANTICIPATED RATING: None TAXATION: Exempt from federal taxes;not subject to AMT;not exempt from State of Illinois income taxes. INTEREST PAYMENT March I and September 1,commencing September 1,2007 DATES: PRINCIPAL PAYMENT March 1, commencing March 1,2014 DATES: OPTIONAL REDEMPTION: The Bonds are subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date,in par,from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area(the PREPAYMENT: "Establishing Ordinance")and deposited into the Special Redemption Account of the Bond Fund,at a redemption price of par, together with accrued interest on such Bonds to the date of redemption. The Bonds will be called in order of maturity. DRAFT When the amount on deposit in the Special Redemption Account equals$1,000,such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION: The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT: Annually on or before the last Tuesday in December,the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL: Foley&Lardner UNDERWRITER: William Blair&Company TRUSTEE: Bank of New York BILLING AND The County will bill and collect the special service area tax.. COLLECTING: ADMINISTRATOR: The City will hire David Taussig&Associates as the special service area administrator(the"Administrator") to assist the City in the levy, abatement and collection process. ®, ■ �� 1 t I Im-llttl;llTr1 ��r� IIII::��/■.��\��\c�" "Ir1\I+r�r I 1 i�I fut`)°t i 1 I t o 4I,I r—■1l'�'tP1n I 71 l�c`JI°7nflu n,7 l yin1,2 1i��eN!� aalb(i'I t[o O1r31[1 1e°SC''.I�YI��I•�.3�A I i�nt 1F■•'f E L4 R AM L:%3" A Int T -��\1-i►�� 1�� _ �`��i�11n,i�Yt'II(um��- I7111.f� � lr' J 11 rf ,oi.nnnm mmnil,Y v`�:1r��/I -- t( tc s 9y�yMCh \\� � � I \� a c� ��, ♦ Illl 1 fit? ejl��ld� .A'•)�u.■gi;.�Aqr� �3ihriii�711 i Ord III:I'' I7f �� ■� 5s i r = 1■nln Or lag pf 'LF:dtp� 1 �l➢mow /I/.t1�sI 1 • ��: L: , ggss;ate•-- s::=:,;,:• °I4.;';• of 1� • j '.�� i�r� �� 'raj 3s;S�i947Sri�'I' .. / i1 A.�� VWA WON V ram ��L ► I' �SM ■■■■��ir�■■111■r■�li� i� o"M m�L.':1:••.^.':iii tiu, .�1�IIIIIIIII11y1, 1„ pGII,,u•�i�1IOO III\� II:•.,n11L,I1 •.1 oee3:iiii ` �.—�111 x111 •:�I,1111_- I III 1111 IIP:: _—�I:I 1111 , 1111 pp p j 1111 illf-.n:liiiii iii � is un iinu! '� � Illllllnnu•■■ •°•11,11111,;,;;;;; -• • „11111 — � .,,1..111,;- Ip iil!Y�II�'?'=�v�a1i��?�liilili �.♦:='i ��0`.0.. oat:5::`_._�!/ . r `i15t... .�p.'��alIIIIIIIIII�Y: �� :u !�,. R�ono`LallIlllllnur liff a\nA�finnnmin • n\� C.iu�i�\�■ nrl� 1 � l\ P,•n lod\o�. "111111 �i �1�Q Y' �11p• S°:op� �TilE7 �� f l 'r�� YJil41i WIT Jj.6 nw1: �r Fill Id � :I it ml F O u�, l - Iu _ .o. 1 Brij iii 9P9!I!1 �.i1 .1. ■° L 9111 dill OWN e all S- r yII n Fal ille a�O'3 i�YJ• �!\ai �nm 11, ' �r� gv, pyy� 4ggg -aim og •./ 1 VIEW 371 I'iIJ�IP ` `■@�� • S.\IIII 7 kv ° WIMS WN O .g x m �s� 14, ��•�l�``��•I il�,'Il� ea.,` Co EXHIBIT `EEE' RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement"), is made and entered as of the_day of 200_,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation("CITY") and ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated 2006 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision("Recapture Items")which will provide benefit to other properties("Benefited Properties") from the OWNERs of the Benefited Properties("Benefited OWNERS"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW,THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: I. RECAPTURE ITEMS. The Recapture Items,being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item("Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment"B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". There are a total of (_) Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s)which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent(6 %)per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel,or any portion thereof,his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and/or subdivides a Benefited Parcel,or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land,or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items,whichever shall first occur, the CITY shall collect from such Benefited OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision(whether by plat or division by deed)shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs,owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY,within thirty(30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERS as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents,harmless from the failure to collect said fees. In any event,however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit,the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom,except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances,resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty(20) years from the date hereof,unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs,plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns,may either in law or in equity,by suit, action,mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense,with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement,unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery,on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail,registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 with a copy to: John Wyeth,Esq. 800 Game Farm Road Yorkville,I160560 Fax: (630) 553-4350 If to OWNER F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement,regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Aspen Ridge) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of ,A.D.2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Aspen Ridge) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory, and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Aspen Ridge) WHEREAS, Aspen Ridge Estates, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Aspen Ridge Estates, LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS,owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-2 Residential District as described in attached Exhibit "B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 THIS INSTRUMENT PREPARED BY AND RETURN TO: REVISED August 3, 2006 John Wyeth 800 Game Farm Road Yorkville, Illinois 60560 630.553.4350 ANNEXATION AGREEMENT THE CHALLY SUBDIVISION THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT("Agreement"),is made and entered as of the_day of , 2006,by and between JW&WD DEVELOPMENT, L.L.C.,an Illinois limited liability company("Owner")and("Developer"), and the UNITED CITY OF YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois("City")by and through its Mayor and Alderman("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a "Party"and collectively as the"Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit"A"attached hereto("Chally Property"). B. The Owner desires to annex the Property to the City upon terms and conditions recited in this agreement. C. The Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Property to the City. D. The OWNER desires to annex additional property on exhibit A to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Chally Subdivision(approximately 154 acres). E. DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. F. The property is not included within the corporate limits of any municipality. G. DEVELOPER proposes that a portion of the Chally Property as legally described and depicted in Exhibit"B" attached hereto ("R-2 Parcel")be rezoned as a PUD under the R-2 One- Family Residence District,and("13-2 Parcel")be rezoned as B-2,Business under the provisions of the City Zoning Ordinance ("Zoning Ordinance"), Residence District with a Special Use for a Planned Unit Development with single-family, and business. H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities,after due and careful consideration,have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement,and the rezoning,subdivision and development of the Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. K. (i) Each party agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached Exhibit"A"as a Planned Unit Development(PUD)establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. (iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. (iv) The subject real property is located contiguous to the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. L. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Chally 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. 2 M. The CITY's Plan Commission has considered the Petition,and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER. N. The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW,THEREFORE,in consideration of the foregoing preambles and mutual covenants and agreements contained herein,the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved concept PUD plan to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property under the R-2 One-Family Residence District and B-2 Business District of the CITY Zoning Ordinance("Zoning Ordinance"),One Family Residence District with a Special Use for a Planned Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Chally Property as aforesaid. 3. SUBDIVISION OF CHALLY PROPERTY. a. The Property shall be developed in the manner and in accordance with the development concept set forth in the Concept PUD Plan,and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Property as provided in Paragraph 8 of this Agreement,except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water,storm sewer service and the storm water retention/detention,as well as the streets and sidewalks within, upon and serving the Property, shall be substantially as provided in the Concept PUD Plan. b. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended,unless otherwise provided for herein,and agree to follow all of the policies and procedures of the CITY in connection with such 3 development except as modified in this Agreement and the Concept PUD Plan (Exhibit Q. c. OWNERS and DEVELOPER agree proposed Final Plat units for this development shall contain a minimum of 40 acres for single family areas. d. DEVELOPER agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining OWNER of the subject property. e. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement"language attached hereto as Exhibit"L"on each Final Plat of Subdivision. 4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested,approved and are permitted with respect to the development,construction,and use of the Chally Property("Permitted Variations"). 5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of these utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A. Sanitary Sewer Facilities. DEVELOPER shall cause the Chally Property, or such developable portions thereof as may be appropriate,to be annexed to the Yorkville- Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Chally Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law,including,without limitation,the Illinois Environmental Protection Act,permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities,in order to facilitate the development and use of each Phase of Development of the Chally Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18) inches or more in diameter("Large Lines") shall be conveyed to Yorkville-Bristol, and the sanitary sewer lines which are smaller than fifteen inches in diameter ("Small Lines") shall be conveyed to the 4 CITY and the CITY shall take ownership of and, at its expense,be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. B. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection,if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation,the Illinois Environmental Protection Act,to permit the Subject Property to be served with potable water and fire flow protection. In addition,the CITY will accept dedication of and thereafter maintain,all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development,pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY,except as otherwise provided herein. DEVELOPER agrees to prepay the CITY's water connection fee of$ per unit to the total number of permits for which the CITY will commit to provide water service prior to completion of the construction of the water tower on site. C. Storm Water Facilities. I. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Chally Property,in substantial conformity with the Preliminary Engineering,subj ect to review and approval of Final Engineering for each Phase of Development, in the following manner: a. Installation of underground sewers within that part of the Chally Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the 5 Preliminary Engineering,which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Chally Property designated on the Preliminary Engineering for such purpose,subject to review and approval ofFinal Engineering for each Phase of Development. 2. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Chally Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance,rule or regulation to the contrary,all public sidewalks and parkway landscaping to be constructed or installed upon the Chally Property pursuant to the approved Final Engineering for each Phase of Development may be installed and completed on a lot by lot or block by block basis,but they remain as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path,constructed in accordance with the Final Plat and Final Engineering,located in the public right of way. 6. SECURITY INSTRUMENTS. A. Postine Security. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances ofthe CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit"F",attached hereto. The CITY Council,pursuant to recommendation by the CITY Engineer,may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (I10%) of the cost to 6 complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development;and recommendation of acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and recommendation of acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument,subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY,in conformance with the City Subdivision Control Ordinance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Chally Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 7. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance. 8. AMENDMENTS TO ORDINANCES. All ordinances,regulations,and codes ofthe CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist,except as amended,vaned,or modified by the terms of this Agreement, shall apply to the Chally Property and its development for a period of five (5) years from the date of this Agreement. Any Agreements,repeal,or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Chally Property except upon the written consent of DEVELOPER during said five(5)year period. After said five(5)year period,the Chally Property and its development will be subject to all ordinances,regulations,and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided,however,that the application of any such ordinance,regulation or code shall not result in a reduction in the number of 7 residential building lots herein approved for the Chally Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Chally 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 Chally Property pursuant to the express and specific mandate of any superior governmental authority,such ordinance or regulation shall apply to the Chally 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 Chally Property shall be given full force and effect. 9. BUILDING CODE. The CITY has adopted the International Building Code,which is updated approximately every three years.The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 10. FEES AND CHARGES. During the first five years following the date of this Agreement,the CITY shall impose upon and collect from the OWNER and/or DEVELOPER,and their respective contractors and suppliers,only those permit,license,tap on and connection fees and charges, and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY,or any other governmental body,except as otherwise expressly provided in this Agreement. 12. HOMEOWNERS ASSOCIATION AND DORMANT SSA. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain,OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision,as to common subdivision signage,storm water management or other common areas of the subdivision. 13. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District#115("School District")and the United City of Yorkville,Recreation Department ("Recreation Department")for the estimated impact which is projected to be experienced by said districts as a result of the development of the Chally Property in the manner provided for under this Agreement: A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of land to the CITY for school purposes("School Contribution"). The total land area required 8 for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is 13.923 acres. The school contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of recording the first final plat in accordance with the amount per unit in Exhibit `C'.. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3,000.00 per unit. The fee will be paid at the rate of$3,000 per unit on a per- building permit basis as building permits are issued.The method of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER AND DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY,based upon the Preliminary Plat, is 8.738 acres. OWNER or DEVELOPER shall cause fee title to no less than 3.74 acres of land located in Parcel 7, as identified on the Concept PUD Plan("Park Site")to be conveyed to the CITY,or to such other entity as the CITY shall direct in writing,in partial satisfaction of the Park Contribution. The balance of any park contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the park site to the CITY. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The fees listed in Exhibit "C" shall be paid to the CITY for each unit. Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 14. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Chally Property,DEVELOPER shall be entitled to construct,maintain and utilize up to three(3)offsite subdivision identification,marketing and location signs at such locations within or without the corporate limits of the CITY as DEVELOPER may designate(individually an"Offsite Sign"and collectively the"Offsite Signs"). DEVELOPER 9 shall be responsible,at its expense,for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred(200) square feet, subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Chally Property as identified in Exhibit"H", attached hereto. 15. MODEL HOMES/PRODUCTION UNITS. During the development and build out period of the Chally Property(subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Chally Property staffed with DEVELOPER's,or such other person's or entity's, sales and construction staff,and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable ofparking two(2)cars outside of the adjacent road right-of- way. Building permits for model homes,and for up to fifteen(15)production dwelling units,shall be issued by the CITY upon proper application therefore prior to the installation of public improvements(provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational.Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNER. DEVELOPER may locate temporary sales and construction trailers upon the Chally 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 Chally Property or upon the occupancy of model homes within the Chally Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees")from all claims,liabilities,costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall,in such case,apply for the benefit of Indemnitees for each Phase of Development. 10 15. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement,contractor's and subcontractor's supply storage trailers maybe placed upon such part or parts of the Chally Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Chally Property until the issuance of the last final occupancy permit for the Chally Property. No contractor's trailers or supply trailers shall be located in the public right-of-way. 16. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Chally Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Chally Property for the purpose of serving property other than the Chally Property,the CITY shall enter into a Recapture Agreement, as defined in Paragraph B.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the Chally Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 18. RECAPTURE AGREEMENTS. A. Benefiting the Chally Property. See Section 20.E of this agreement. B. Encumbering the Chally Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Chally Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER,DEVELOPER,or their successors,upon connection of the Chally Property to any of such public utilities,nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the Chally Property. 19. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. OWNERS',DEVELOPER's and the CITY agree to establish a special service area("SSA") as a primary funding mechanism for installation of on-site and off-site public improvements, including,without limitation,potable water,fire flow and/or water storage facilities,roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements. 11 The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on the appropriate structure for the financing,which the CITY and DEVELOPER currently believe will consist of one or more SSA's pursuant to 35 ILCS 200/27-5 et seq.,but which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. However, CITY, OWNERS and/or DEVELOPER hereby expressly agree that the form of Special Tax or other Revenue Bond shall be the form of bond which requires a payment at the time of sale of a developed lot, or the time of issuance of a building permit, otherwise known as the"pay down"bond. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY,and the other properties joining in the SSA for the areas generally referred to as the"Southwest Infrastructure Developments" described in Section 8 of this agreement. 20. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDING GREENBRIAR ROAD EXTENTION(SOUTHWEST INFRASTRUCTURE DEVELOPMENTS) A. CROSS CONTINGENCIES. OWNERS, DEVELOPER and CITY agree that this agreement shall be cross contingent with the CITY's approval of Annexations with 6 Developments commonly referred to as the"Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s) payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish individual Special Service Areas(SSA's) within each of the subdivisions listed on Exhibit BBB. City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to intervene. The formation of The SSA's and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSA's, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA's, and that all SSA's will issue one mutual Special Tax Bond for payments of the improvements. 2. The special tax shall be available to fund the repayment of up to $_(this will be the 12 pro rata amount owed by this development) million in special tax bonds. 3. The special tax revenue bonds shall be used to construct infrastructure as described on Exhibit"AAA". C. COST CONTAINMENT, OVERRUNS. In order to reduce the risk of cost overruns, OWNERS and/or DEVELOPERS agree that the amount of bonds sold should not be determined until bids have be received by the City for construction of the Southwest Infrastructure. Since final engineering must be completed prior to seeking bids, OWNERS and/or DEVELOPER agree to front fund the amount indicated on Exhibit`BBB" and to receive reimbursement for said sum from the sale of the Revenue Bonds. OWNERS and/or DEVELOPERS shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overruns. CITY will respond in writing to all OWNER and DEVELOPER comments and justify said overruns. All DEVELOPERS shall be responsible for contribution, based upon the same ratios and rational used in Exhibit"AAA"if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds. D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE. OWNERS and/or DEVELOPER agrees that traffic ultimately originating from this development, as well as all"Southwest Infrastructure Developments"will give rise to the need for the Green Briar Drive extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the acquisition of right-of-way of the Green Briar Drive Extension. The City deems the construction of Green Briar as a high priority and agrees to proceed with construction as funding is available. In addition,OWNER'S and/or DEVELOPERS agree to route all construction traffie along state Route 71 to Pavillion or High Point Road and then to the development, and not allow construction traffic to travel along Fox Road from Rt 47 to the development. E. RECAPTURE/RECOVERY OF INFRASTRUCTURE IMPROVEMENTS The CITY shall, in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes 2002 Edition, enter into agreements for recapture/recovery("Recapture/Recovery Agreement")with DEVELOPER providing for the recapture/recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit"AAA", constructed by DEVELOPER which the CITY has determined may be used for the benefit of property (`Benefited Property")not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit"DDD"attached hereto. Recapture for the Green Briar Drive improvement may include an increase of the normal and customary road fee for the Benefited Properties and therefore require the CITY to consider increasing this fee for the Benefited Properties via the annexation agreements for the Benefited Properties. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"EEE". 13 21. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Chally Property DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Chally Property in accordance with the Preliminary Plat,the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements,and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Chally Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Chally Property as reflected on the Preliminary Plat and in this Agreement,the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be home by DEVELOPER. Notwithstanding the foregoing,and as a condition precedent to any vacation of easement,DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. a. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. b. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER SHALL convey by Warranty Deed, fee simple title of future highway or road right of way to the United City of Yorkville as necessary,regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 22. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, DEVELOPER shall obtain all offsite easements necessary for the development of such portion of the Chally Property in accordance with the Preliminary Plans. In the event an offsite easement is required which was not contemplated in the Preliminary Plans due to a change in circumstances,and in the event DEVELOPER is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same,provided DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. DEVELOPER shall deposit the amount of such costs reasonably estimated by the CITY into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all funds,including interest,remaining in such escrow upon completion of such proceedings shall be refunded to DEVELOPER. 23. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Chally Property as a subdivision to be commonly known as Chally Subdivision in 14 accordance with the Concept PUD Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY. 24. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance,code,or regulation of the CITY which may be in conflict with the provisions of this Agreement. 25. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Chally Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Chally Property, except as otherwise provided in this Agreement. 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 OWNER,DEVELOPER and their successors in title and interest,and upon the CITY,and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement,excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees,have been reached through a process of good faith 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. 15 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other parry in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to OWNER and/or DEVELOPER: Wyndham Deerpoint Homes 605 Lindsay Circle North Aurora,IL. 60542 Attn:Richard M. Guerard Fax: (630) 966-1006 with a copy to: Guerard, Kalina&Butkus 100 W.Roosevelt Road Wheaton,IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville,1160560 Fax: (630) 553-4350 with a copy to: John Wyeth, Esq. 800 Game Farm Road Yorkville, E 60560 Fax: (630) 553-4350 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. Severabilitv. This Agreement is entered into pursuant to the provisions of Chapter 65,Sec.5/11-15.1-1,et seq.,Illinois Compiled Statutes(1998 ed.). In the event any part or portion of this Agreement, or any provision,clause,word,or designation of this Agreement is held to be invalid by any court of competent jurisdiction,said part, portion,clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Chally Property. 16 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 Chally Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Chally Property not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Chally Property,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER,DEVELOPER,and their successors or assigns, to develop the Chally Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20)years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois, at DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts,each ofwhich shall be deemed an original, but all of which together shall constitute one and the same document. M. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or 17 approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency,or Yorkville-Bristol Sanitary District. N. Highway 71. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highways7l. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements,and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. 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 Chally Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER&OWNER: CITY: JW&WD DEVELOOPMENT,L.L.C., UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: 18 LIST OF EXHIBITS EXHIBIT"A": Legal Description of Chally Property EXHIBIT"B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT"C": Development Fee List EXHIBIT"E": Permitted Variations and Design Standards EXHIBIT"F": Form Letter of Credit EXHIBIT"H": Project Signage EXHIBIT"I": Recapture Improvements EXHIBIT"J": Recapture Agreement EXHIBIT"L": Right to Farm Disclosure Statement for Final Plats EXHIBIT"K" Yorkville Community Unit District 115 letter EXHIBIT AAA. Overall Infrastructure Funding Summary EXHIBIT BBB. Front Funding Distribution Summary EXHIBIT CCC. SSA Summary of Terms EXHIBIT "A" LEGAL DESCRIPTION OF CHALLY FARM PROPERTY ADDRESS OF CHALLY PROPERTY Vacant land Northeast of Route 71 and Pavillion Road, Kendall County, I1. P.I.N. NUMBERS A-1 EXHIBIT `B" DEPICTION AND LEGAL DESCRIPTIONS OF ZONING I. Depiction of Zoning: See page B-2 B-1 EXHIBIT"C" CONCEPT PUD PLAN 0-I EXHIBIT "E" PERMITTED VARIATIONS AND DESIGN STANDARDS I. Pennitted Variations to Zoning Ordinance: A. Section 12.15.5: Sign Code 1. Increase sign face area and height standards to comply with the standards set forth in Exhibit"H" attached hereto II. Permitted Variations to Subdivision Ordinance: III. Permitted Variations to Building Code: IV. Permitted Variations for Signage: The provisions of the Zoning Ordinance are hereby varied as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and in Exhibit"H"attached hereto E-1 EXHIBIT"F" FORM LETTER OF CREDIT OR SURETY BOND (See following page) (D-1 EXHIBIT"H" PROJECT SIGNAGE I. Onsite Project Identification Signs: 1. Number: 4 2. Maximum Height: 20 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location:As from time to time determined by DEVELOPER 11. Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location:As from time to time determined by DEVELOPER III. Onsite Directional and Information Signs: 1. Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location:. As from time to time determined by DEVELOPER IV. Onsite Sales or Marketing Signs/Flags: 1. Number: 12 2. Maximum Height: 10 feet 3. Maximum Sign Faces per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Location: As from time to time determined by DEVELOPER V. Permanent Entry Monument Signs: H-1 Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the CITY Sign Ordinance and Subdivision Ordinance, or as otherwise approved by the CITY Council or Building and Zoning Officer upon request by DEVELOPER. Permanent entry monument signs and treatments shall not be located in public right-of- way and shall have adequate separation from underground utilities. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit"H" DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the Chally Property as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. H-2 EXHIBIT "I" RECAPTURE IMPROVEMENTS 1. To be determined. I-1 EXHIBIT "J" RECAPTURE AGREEMENT (See following six pages) 9-1 RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement"), is made and entered as of the_day of ,200, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation("CITY") and ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated , 2006 ("Annexation Agreement")pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision('Recapture Items")which will provide benefit to other properties ('Benefited Properties")from the OWNERs of the Benefited Properties('Benefited OWNERS"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto,the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item('Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment"B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a"Benefited Parcel". There are a total of C__)Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s)which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent(6%)per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel, or any portion thereof,his successors and assigns,the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur,the CITY shall collect from such Benefited OWNER,or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision(whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY,within thirty(30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERs as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents,harmless from the failure to collect said fees. In any event,however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit,the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement,DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom,except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances,resolutions,motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty(20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement,this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs,plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns,may either in law or in equity,by suit,action,mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense,with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement,unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S.mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail,registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 5534350 with a copy to: John Wyeth,Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 If to OWNER F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties,shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. W:\CURRENT PROJECT&CHALLY FARMANNEXATION AGREEMENnCHALLY ANNEXATION AGREEMENT FINAL DRAFT.DOC 611/2006 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk A-1 W:\CURRENT PROJECTS\CHALLY FARM\ANNEXATION AGREEMEMICHALLY ANNEXATION AGREEMENT FINAL DRAFT.DOC 6/1/2006 EXHIBIT "K" Yorkville Community Unit District 115. 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ED cc ) § ■ § ! r ! �� ! . 7a �! li/ k/ \ DRAFT UNITED CITY OF YORKVILLE,ILLINOIS KENDALL COUNTY,ILLINOIS SPECIAL SERVICE AREAS SERIES 2007—PAYDOWN BONDS (Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms ISSUER: United City of Yorkville,Illinois(the"City") BOND TYPE: Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off-site Public Improvements benefiting the Special Service Areas (the "Areas"). Improvements include roadways(including Pavillion Road) sanitary sewer facilities,water facilities,costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS: The City will form five separate special service areas(the"Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated,the special service areas will be: Acreage* Units* Silver Fox 103 172 Evergreen Farms 49 77 Aspen Ridge Estates 126 217 Chally Farm 154 224 York Wood Estates 178 185 *(subject to change) SECURITY: - A first lien on all Special Taxes imposed upon all property within each Special Service Area. - A Reserve Fund equal to 10%of the initial par amount of the Bonds. - the Special Service Areas will not be cross-collateralized USE OF PROCEEDS: The proceeds of the Bonds will be used to 1)purchase and/or construct certain Public Improvements;2)fund a debt service reserve equal to 10% of par; 3)to pay capitalized interest for up to 25 months; and,4) pay costs of issuance. COUPON: TBD FINAL MATURITY: March 1,2017 AMORTIZATION: Amortization will be in years 2014 through 2017. DRAFT STRUCTURE: Pursuant to a Special Tax Roll,the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively,this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property (i.e.,prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly,the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment." Beginning in 2009, each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment,the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Average Estimated Tax Payments SPECIAL TAX PAYMENTS: (per unit) Year Amount") 2009 $1,195 2010 1,195 2011 1,195 2012 1,195 2013 6,481 2014 6,480 2015 6,480 2016 4,186 ft) -includes principal and interest -assumes an average debt of$22,940/unit -assumes title does not transfer -assumes no prepayment and an average Debt Service Reserve Credit of$2,294/unit ESTIMATED SOURCES Sources: AND USES OF FUNDS: Bond Proceeds $20,074,000 Original Issue Discount(') (200,740) City Funds 2,000,000 Interest Earnings(') 619.425 22,492,685 Uses: Improvements 17,743,660 Debt Service Reserveo 2,007,400 Capitalized Interest[41 2,300,145 Costs of Issuance() 441.480 22,492,685 n) In order to allow for prepayment at any time without penalty,the bond purchasers will require a 1%discount on the bonds at the time of issuance. (2) Interest is earned on the unspent bond proceeds held by the bond trustee. ts1 The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See"Debt Service Reserve." tot Interest is capitalized through March 1,2009. The first tax bill will be June 2009. ts) Costs of issuance are estimates and subject to change. DRAFT DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10%of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount (see"Payoff')at the time the lien is released(the"Debt Service Reserve Credit"). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF: Based on a$20,074,000 bond issue,the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit Amoun!" Silver Fox 19,388 2,559 21,946 2,195 19,752 Evergreen Fann 22,914 3,024 25,938 2,594 23,345 Aspen Ridge Estates 20,252 2,673 22,925 2,292 20,632 Chally Farm 19,706. 2,601 22,307 2,231 20,076 York Wood Estates 20,680 2,729 23,409 2,341 21,068 lq Difference between`Payoff Amount"and"Fee per DU"equals each unit's per share cost of the Costs of Issuance and the Capitalized Interest. ANNEXATION It is contemplated that each developer will agree in its Annexation AGREEMENT: Agreement to the formation of the special service area on its property and the imposition of the special tax. In order to assure an adequate number of units is included and the resultant special tax is acceptable, all annexations would need to occur simultaneously. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of$1,000 in excess thereof. BOND FORM: Book-entry Only through DTC ANTICIPATED RATING: None TAXATION: Exempt from federal taxes;not subject to AMT;not exempt from State of Illinois income taxes. INTEREST PAYMENT March 1 and September 1, commencing September 1,2007 DATES: PRINCIPAL PAYMENT March 1,commencing March 1,2014 DATES: OPTIONAL REDEMPTION: The Bonds are subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date,in par,from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area(the PREPAYMENT: "Establishing Ordinance")and deposited into the Special Redemption Account of the Bond Fund,at a redemption price of par, together with accrued interest on such Bonds to the date of redemption. The Bonds will be called in order of maturity. DRAFT When the amount on deposit in the Special Redemption Account equals$1,000,such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION: The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT: Annually on or before the last Tuesday in December,the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL: Foley&Lardner UNDERWRITER: William Blair&Company TRUSTEE: Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMAVISTRATOR: The City will hire David Taussig&Associates as the special service area administrator(the"Administrator")to assist the City in the levy,abatement and collection process. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Chally Farm) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1,as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS,AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURR PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of ,A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Chally Farm) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory, and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made apart of this Ordinance),is hereby annexed to the United City of Yorkville,Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Chally Farm) WHEREAS, JS &WD Development, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Wyndham Deerpoint Homes and JS & WD Development, developers of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as R-2 Residential District and B-2—Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-2 Residential District and B-2— Service Business District as described in attached Exhibit "B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURR 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 THIS INSTRUMENT PREPARED BY AND RETURN TO: WISED August 3, 2006 John Wyeth 800 Game Farm Road Yorkville, Illinois 60560 630.553.4350 ANNEXATION AGREEMENT THE YORK WOOD ESTATES SUBDIVISION THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT("Agreement"),is made and entered as of the day of 2006,by and between JW&WD DEVELOPMENT, L.L.C.,an Illinois limited liability company("Owner")and("Developer"), and the UNITED CITY OF YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois("City")by and through its Mayor and Alderman("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a "Party" and collectively as the"Parties". ' RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit"A"attached hereto("York Wood Estates"). B. The Owner desires to annex the Property to the City upon terms and conditions recited in this agreement. C. The Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Property to the City. D. The OWNER desires to annex additional property on exhibit A to the City for the purposes of developing one contiguous planned unit development(PUD) known as the York Wood Estates Subdivision(approximately 178.3 acres). E. DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. F. The property is not included within the corporate limits of any municipality. G. DEVELOPERproposes that York Wood Estates as legally described and depicted in Exhibit"A"attached hereto be rezoned under the R-2 One-Family Residence District provisions of the City Zoning Ordinance("Zoning Ordinance"), H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities,after due and careful consideration,have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning,subdivision and development of the Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. K. (i) Each party agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached Exhibit"A"as a Planned Unit Development(PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. (ii) Each patty agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. (iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. (iv) The subject real property is located contiguous to the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. L. It is the desire of the CITY,DEVELOPER and OWNER that the development and use of the York Wood Estate Subdivision proceed as conveniently as may be,in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. M. The CITY's Plan Commission has considered the Petition,and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER. 2 N. The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW,THEREFORE,in consideration of the foregoing preambles and mutual covenants and agreements contained herein,the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved concept PUD plan to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property under the R-2 One-Family Residence District of the CITY Zoning Ordinance("Zoning Ordinance"),One Family Residence District with a Special Use for a Planned Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the York Wood Estate Subdivision as aforesaid. 3. SUBDIVISION OF YORK WOOD ESTATES. a. The Property shall be developed in the manner and in accordance with the development concept set forth in the Concept PUD Plan, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Property as provided in Paragraph 8 of this Agreement,except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water,storm sewer service and the storm water retention/detention,as well as the streets and sidewalks within, upon and serving the Property, shall be substantially as provided in the Concept PUD Plan. b. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended,unless otherwise provided for herein,and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Concept PUD Plan (Exhibit B). 3 c. OWNERS and DEVELOPER agree proposed Final Plat units for this development shall contain a minimum of 40 acres for single family areas. d. DEVELOPER agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining OWNER of the subject property and approved by the CITY. e. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement''language attached hereto as Exhibit"L"on each Final Plat of Subdivision. 4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested,approved and are permitted with respect to the development,construction,and use of the Subject Property("Permitted Variations"). 5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of these utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A. Sanitary Sewer Facilities. DEVELOPER shall cause the Subject Property, or such developable portions thereof as may be appropriate,to be annexed to the Yorkville- Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law,including,without limitation,the Illinois Environmental Protection Act,permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities,in order to facilitate the development and use of each Phase of Development of the Subject Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18)inches or more in diameter("Large Lines") shall be conveyed to Yorkville-Bristol, and the sanitary sewer lines which are smaller than fifteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense,be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines 4 following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. B. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection,if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation,the Illinois Environmental Protection Act,to permit the Subject Property to be served with potable water and fire flow protection. In addition,the CITY will accept dedication of,and thereafter maintain,all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development,pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY, except as otherwise provided herein. DEVELOPER agrees to prepay the CITY's water connection fee of$2,660 per unit to the total number of permits for which the CITY will commit to provide water service prior to completion of the construction of the water tower on site. C. Storm Water Facilities. I. DEVELOPER shall provide for storm water drainage and the retention/detention thereofupon and from the Subject Property,in substantial conformity with the Preliminary Engineering,subject to review and approval of Final Engineering for each Phase of Development, in the following manner: a. Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering,which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. 5 b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Subject Property designated on the Preliminary Engineering for such purpose,subject to review and approval of Final Engineering for each Phase of Development. 2. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance,rule or regulation to the contrary,all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering for each Phase of Development may be installed and completed on a lot by lot or block by block basis, but they remain as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path,constructed in accordance with the Final Plat and Final Engineering,located in the public right of way. 6. SECURITY INSTRUMENTS. A. Posting Security. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments")to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit"F",attached hereto. The CITY Council,pursuant to recommendation by the CITY Engineer,may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase 6 of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development;and recommendation of acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument,subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and recommendation of acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument,subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY,in conformance with the City Subdivision Control Ordinance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, DEVELOPER shall be released from the obligations secured by its Security Instruments forpublic improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 7. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance. 8. AMENDMENTS TO ORDINANCES. All ordinances,regulations,and codes of the CITY, including,without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist,except as amended,varied,or modified by the terms of this Agreement,shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement. Any Agreements,repeal,or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances,regulations,and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided,however, that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure 7 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. 9. BUILDING CODE. The CITY has adopted the International Building Code,which is updated approximately every three years.The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 10. FEES AND CHARGES. During the first five years following the date of this Agreement,the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers,only those permit,license,tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. HOMEOWNERS ASSOCIATION AND DORMANT SSA. In order to provide for the maintenance of the Subdivision signage,common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY;and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 13. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNERorDEVELOPERshall be responsible for making the following contributions to compensate the Yorkville Community School District#115 ("School District")and the United City of Yorkville,Recreation Department ("Recreation Department")for the estimated impact which is projected to be experienced by said districts as a result of the development of the Subject Property in the manner provided for under this Agreement: A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of land to the CITY for school purposes("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is 11.055 acres. The school contribution shall be paid by a cash 8 contribution in accordance with the CITY ordinances made at time of recording the first final plat in accordance with the amount per unit in Exhibit `C'. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3,000.00 per unit. The fee will be paid at the rate of$3,000 per unit on a per- building permit basis as building permits are issued.The method of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER AND DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY,based upon the Preliminary Plat, is 6.938 acres. OWNER or DEVELOPER shall cause fee title to no less than 1.85 acres of land located in Parcel 3,as identified on the Concept PUD Plan(`Park Site")to be conveyed to the CITY,or to such other entity as the CITY shall direct in writing, in partial satisfaction of the Park Contribution. The balance of any park contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the park site to the CITY. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The fees listed in Exhibit "C" shall be paid to the CITY for each unit. Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 14. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Subj ect Property,DEVELOPER shall be entitled to construct,maintain and utilize up to three (3)offsite subdivision identification,marketing and location signs at such locations within or without the corporate limits of the CITY as DEVELOPER may designate(individually an"Offsite Sign"and collectively the"Offsite Signs"). DEVELOPER shall be responsible,at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not 9 exceeding two hundred(200) square feet, subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Subject Property as identified in Exhibit"H", attached hereto. 15. MODEL HOMES/PRODUCTION UNITS. During the development and build out period of the Subject Property(subsequent to final plat approval),DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Subject Property staffed with DEVELOPER'S,or such other person's or entity's, sales and construction staff,and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable ofparking two(2)cars outside of the adjacent road right-of- way. Building permits for model homes,and for up to fifteen(15)production dwelling units,shall be issued by the CITY upon proper application therefore prior to the installation of public improvements(provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNER.DEVELOPERmay locate temporary sales and construction trailers upon the Subject Property during the development and build out of said property,provided any such sales trailer shall be removed within two(2)weeks following issuance of the final occupancy permit for the Subj ect Property or upon the occupancy of model homes within the Subject Property,whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees")from all claims,liabilities,costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall,in such case,apply for the benefit of Indemnitees for each Phase of Development. 16. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement,contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Subject Property until the issuance of the 10 last final occupancy permit for the Subject Property. No contractor's trailers or supply trailers shall be located in the public right-of-way. 17. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Subj ect Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subj ect Property,the CITY shalt enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefitted by the same. The improvements which qualify as oversized and the identity of the benefitted properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 18. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 19. RECAPTURE/RECOVERY AGREEMENTS. A. Benefiting the Subiect Property. See Section 21.E of this agreement. B. Encumbering the Subject Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER,DEVELOPER, or their successors,upon connection of the Subject Property to any of such public utilities,nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the Subject Property. 20. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. OWNERS', DEVELOPER's and the CITY agree to establish a special service area("SSA") as a primary funding mechanism for installation of on-site and off-site public improvements, including,without limitation, potable water, fire flow and/or water storage facilities,roads, storm water facilities(i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements. 11 The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on the appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of one or more SSA's pursuant to 35 ILLS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. However,CITY, OWNERS and/or DEVELOPER hereby expressly agree that the form of Special Tax or other Revenue Bond shall be the form of bond which requires a payment at the time of sale of a developed lot, or the time of issuance of a building permit, otherwise known as the"pay down"bond. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY, and the other properties joining in the SSA for the areas generally referred to as the"Southwest Infrastructure Developments"described in Section 8 of this agreement. 21. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDING GREENBRIAR ROAD EXTENTION(SOUTHWEST INFRASTRUCTURE DEVELOPMENTS) A. CROSS CONTINGENCIES. OWNERS,DEVELOPER and CITY agree that this agreement shall be cross contingent with the CITY's approval of Annexations with 6 Developments commonly referred to as the"Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s) payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish individual Special Service Areas (SSA's) within each of the subdivisions listed on Exhibit BBB. City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to intervene. The formation of The SSA's and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSA's, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA's, and that all SSA's will issue one mutual Special Tax Bond for payments of the improvements. 2. The special tax shall be available to fund the repayment of up to $_(this will be the pro rata amount owed by this development) million in special tax bonds. 12 3. The special tax revenue bonds shall be used to construct infrastructure as described on Exhibit"AAA'. C. COST CONTAINMENT, OVERRUNS. In order to reduce the risk of cost overruns, OWNERS and/or DEVELOPERS agree that the amount of bonds sold should not be determined until bids have be received by the City for construction of the Southwest Infrastructure. Since final engineering must be completed prior to seeking bids, OWNERS and/or DEVELOPER agree to front fund the amount indicated on Exhibit"BBB" and to receive reimbursement for said sum from the sale of the Revenue Bonds. OWNERS and/or DEVELOPERS shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overnms. CITY will respond in writing to all OWNER and DEVELOPER comments and justify said overruns. All DEVELOPERS shall be responsible for contribution, based upon the same ratios and rational used in Exhibit"AAA' if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds. D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE. OWNERS and/or DEVELOPER agrees that traffic ultimately originating from this development, as well as all"Southwest Infrastructure Developments" will give rise to the need for the Green Briar Drive extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the acquisition of right-of-way of the Green Briar Drive Extension. The City deems the construction of Green Briar as a high priority and agrees to proceed with construction as funding is available. In addition,OWNER'S and/or DEVELOPERS agree to route all construction traffic along state Route 71 to Pavillion or High Point Road and then to the development, and not allow construction traffic to travel along Fox Road from Rt 47 to the development. E. RECAPTURE/RECOVERY OF INFRASTRUCTURE IMPROVEMENTS The CITY shall, in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes. 2002 Edition, enter into agreements for recapture/recovery("Recapture/Recovery Agreement") with DEVELOPER providing for the recapture/recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit"AAA",constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Property") not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit"DDD" attached hereto. Recapture for the Green Briar Drive improvement may include an increase of the normal and customary road fee for the Benefited Properties and therefore require the CITY to consider increasing this fee for the Benefited Properties via the annexation agreements for the Benefited Properties. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit`BEE". 22. ONSITE EASEMENTS AND IMPROVEMENTS. 13 In the event that during the development of the Subject Property DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Property in accordance with the Preliminary Plat,the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plat and in this Agreement,the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. a. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. b. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL convey by Warranty Deed, fee simple title of future highway or road right of way to the United City of Yorkville as necessary,regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 23. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements,at the time each Final Plat for a Phase of Development is recorded,DEVELOPER shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plans. In the event an offsite easement is required which was not contemplated in the Preliminary Plans due to a change in circumstances, and in the event DEVELOPER is unable to acquire such necessary offsite easement,the CITY shall exercise its power of eminent domain to acquire the same,provided DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. DEVELOPER shall deposit the amount of such costs reasonably estimated by the CITY into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all funds, including interest,remaining in such escrow upon completion of such proceedings shall be refunded to DEVELOPER- 24. DISCONNECTION. 14 OWNER and DEVELOPER agree that DEVELOPER shall develop the York Wood Estates Property as a subdivision to be commonly known as York Wood Estates Subdivision in accordance with the Concept PUD Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY. 25. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 26. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Subject Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Subject Property,except as otherwise provided in this Agreement. 27. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER,DEVELOPER and their successors in title and interest,and upon the CITY,and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement,excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, 15 including the payment of any fees,have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to OWNER and/or DEVELOPER: Wyndham Deerpoint Homes 605 Lindsay Circle North Aurora, IL. 60542 Attn: Richard M. Guerard Fax: (630) 966-1006 with a copy to: Guerard,Kalina&Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 with a copy to: John Wyeth, Esq. 800 Game Farm Road Yorkville,I160560 Fax: (630) 553-4350 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65,Sec. 5/11-15.1-1,et seq.,Illinois Compiled Statutes(1998 ed.). In the event any part or portion of this Agreement,or any provision,clause,word,or designation of this Agreement is held to be invalid by any court of competent jurisdiction,said part, 16 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; OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Subject Property not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER,DEVELOPER,and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20)years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. 17 L. Counterparts. This Agreement may be executed in counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency,or Yorkville-Bristol Sanitary District. N. Highway 71. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highways7l. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Excul action. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER& OWNER: CITY: JW&WD DEVELOOPMENT,L.L.C., UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: 18 LIST OF EXHIBITS EXHIBIT"A": Legal Description of Subject Property EXHIBIT"B": Concept PUD Plan EXHIBIT"C": Development Fee List EXHIBIT"E": Permitted Variations and Design Standards EXHIBIT"F": Form Letter of Credit EXHIBIT"H": Project Signage EXHIBIT"I": Recapture Improvements EXHIBIT"J": Recapture Agreement EXHIBIT"K": Yorkville Community Unit District 115 letter EXHIBIT"L": Right to Farm Disclosure Statement for Final Plats EXHIBIT AAA. Overall Infrastructure Funding Summary EXHIBIT BBB. Front Funding Distribution Summary EXHIBIT CCC. SSA Summary of Terms W:=RRENT PROJECTS\YORK WOOD ESTATE&ANNEXATION AGREEMENT\YORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DR4FT.DOC 05/1/01 EXHIBIT "A" LEGAL DESCRIPTION OF YORK WOOD ESTATES PROPERTY ADDRESS OF SUBJECT PROPERTY Vacant land Rt. 71 is north border and is adjacent to Timber Creek Subdivison, Kendall County, Il. P.I.N. NUMBERS A—] LEGAL DESCRIPTION: THAT PART OF THE WEST 1/2 OF SECTION 7 AND PART OF THE NORTH 1/2 OF SECTION 18,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF SAID SECTION 7;THENCE NORTH 10.12 CHAINS TO THE CENTER OF A ROAD; THENCE NORTH 70 DEGREES, 30 MINUTES,0 SECONDS EAST ALONG THE CENTER OF SAID ROAD 1.14 CHAINS;THENCE NORTH 1 DEGREES, 15 MINUTES, 0 SECONDS WEST 43.23 CHAINS;THENCE SOUTH 54 DEGREES, 30 MINUTES, 0 SECONDS EAST 15.21 CHAINS;THENCE SOUTH 4 DEGREES EAST 9.93 CHAINS;THENCE SOUTH 64 DEGREES, 30 MINUTES,0 SECONDS EAST 31.50 CHAINS; THENCE SOUTH 59 DEGREES, 30 MINUTES,0 SECONDS EAST 2 CHAINS;THENCE SOUTH 3 DEGREES, 50 MINUTES,0 SECONDS WEST 9.15 CHAINS; THENCE SOUTH 10 DEGREES WEST 8.14 CHAINS;THENCE SOUTH I DEGREES, 15 MINUTES, 0 SECONDS EAST 13.21 CHAINS; THENCE SOUTH 48 DEGREES EAST 2.27 CHAINS; THENCE SOUTH 37 DEGREES,30 MINUTES, 0 SECONDS WEST 6.33 CHAINS; THENCE SOUTH 59 DEGREES,30 MINUTES,0 SECONDS EAST 10.85 CHAINS; THENCE SOUTH 8.08 CHAINS; THENCE NORTH 59 DEGREES,30 MINUTES, 0 SECONDS WEST 7.10 CHAINS;THENCE SOUTH 26 DEGREES, 30 MINUTES, 0 SECONDS WEST 14.40 CHAINS TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 18;THENCE SOUTH 89 DEGREES WEST ALONG SAID SOUTH LINE 17.13 CHAINS;THENCE NORTH 35 DEGREES WEST 8.43 CHAINS; THENCE NORTH 18 DEGREES EAST 18 CHAINS;THENCE NORTH 24 DEGREES, 30 MINUTES, 0 SECONDS EAST 6.15 CHAINS;THENCE WEST 10.85 CHAINS; THENCE NORTH 4 DEGREES, 30 MINUTES,0 SECONDS EAST 5.90 CHAINS;THENCE SOUTH 88 DEGREES WEST 10.48 CHAINS; THENCE NORTH 82 DEGREES, 30 MINUTES, 0 SECONDS WEST 2.88 CHAINS TO THE WEST LINE OF SAID SECTION 18; THENCE NORTH ALONG SAID WEST LINE 4.81 CHAINS TO THE POINT OF BEGINNING; (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WEST CORNER OF SAID SECTION 7; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION, 667.92 FEET TO THE CENTER LINE OF STATE ROUTE NO. 71;THENCE NORTH 70 DEGREES, 30 MINUTES, 0 SECONDS EAST ALONG THE FORMER CENTER LINE OF SAID ROUTE, 75.24 FEET; THENCE NORTH 1 DEGREES, 15 MINUTES, 0 SECONDS WEST 59.09 FEET TO A NORTH RIGHT OF WAY LINE OF SAID ROUTE WHICH IS 55 FEET FROM SAID CENTER LINE,MEASURED AT RIGHT ANGLES THERETO,FOR A POINT OF BEGINNING;THENCE NORTH 1 DEGREES, 15 MINUTES, 0 SECONDS WEST 175.24 FEET,THENCE NORHT 67 DEGREES, 48 MINUTES,07 SECONDS EAST 310.71 FEET;THENCE SOUTH i DEGREES, 15 MINUTES, 0 SECONDS EAST 175.24 FEET TO A POINT IN SAID NORTH RIGHT OF WAY LINE; THENCE SOUTHWESTERLY ALONG SAID NORTH RIGHT OF WAY ON A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 310.71 FEET(CHORD BEARING IS SOUTH 67 DEGREES,48 MINUTES, 7 SECONDS WEST) TO THE POINT OF BEGINNING AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTH WEST CORNER OF SAID SECTION 18;THENCE SOUTH ON THE SECTION LINE 4.81 CHAINS; THENCE SOUTH 82 DEGREES, 30 MINUTES, 00 SECONDS EAST 2.88 CHAINS;THENCE NORTH 88 DEGREES EAST 1.7 CHAINS;THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SECTIONS 18 AND 7 TO THE CENTER LINE OF STATE HIGHWAY#71;THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO THE WEST LINE OF SAID SECTION7;THENCE SOUTH ALONG SAID WEST LINE OF SECTION 7 TO THE POINT OF BEGINNING),IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. W1CURRENT PROJECTS\YORK WOOD ESTATESWNNEXATION AGREEMENT\YORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC 05/1/01 EXHIBIT "B" CONCEPT PUD PLAN B-1 York Wood Estates (DRAFT) EXHIBIT V FEES PER UNIT unless noted A paid receipt from the School District Office,602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee-made payable to Y.B.S.O. $1,400 per acre cos acres (Yorkville Bristol Sanitary District Annexation Fee $3,523 178.3 $628,151 - Yorkville Bristol Sanitary District Infrastructure Fee $3,523 178.3 $628,151 United City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650+$020(SF) 2. Water Connection Fees SF and DU $3,700 2+Bed Att N/A 3. Water Meter Cost Detached Units $390 Attached Units N/A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building(see note a) $5,509 Library $500 Parks 8 Recreation $50 Engineering $100 Bristol-Kendall Fire $1,000 Development Fees Total $8,159 see note 8.Land Cash Fees "b"below Apartment Townhome Duplex Single Family Park N/A N/A N/A $2,481.30 School N/A N/A N/A IAIN Land-Cash Fees Total $0.00 $0.00 $0.00 $7,261.78 9. Road Contribution $2,000 10. County Road Fee $1,549 per acre fee acres 11. Weather Warning Siren(final plat) $75 178.3 $13,373 NOTES: a. 3,288 per unit if paid at time of final plat for all units(185)in development b. For upfront land-cash donations figures, please refer to"Land-Cash"worksheet WACURRENT PROJECTSWORK WOOD ESTATESIANNEXATION AGREEMENTWORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC 05/1101 EXHIBIT "E" PERMITTED VARIATIONS AND DESIGN STANDARDS I. Permitted Variations to Zoning Ordinance: A. Section 12.15.5: Sign Code 1. Increase sign face area and height standards to comply with the standards set forth in Exhibit"H" attached hereto II. Permitted Variations to Subdivision Ordinance: III. Permitted Variations for Signage: The provisions of the Zoning Ordinance are hereby varied as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and in Exhibit"H" attached hereto E-1 WACURRENT PROJECTSWORK WOOD ESTATESIANNEXATION AGREEMEMIYORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFTOOC 05/1/01 EXHIBIT "F" FORM LETTER OF CREDIT OR SURETY BOND (See following page) (D-1 (Letterhead of a Sank, Savings and Loan or Mortgage House) 20 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Subdivision Name Letter of Credit No. ,For Account of Amount Date Gentlemen: The undersigned by - its' duly (name of financial institution) (name&title) authorized agent„hereby establishes and issues this Irrevocable Letter of Credit in favor ofthe City of Yorkville in the amount of$ which represents 110% of the cost of the improvements described herein. Such credit is available to be drawn upon by said City upon presentation to this bank of your demand for payment accompanies by a copy of this Letter ofCredit. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: DIVISION"A" - SANITARY SEWERS (engineer's estimate m l DIVISION "B"- WATER MAIN (engineer's estimate= 1 DIVISION "C" - STORM SEWERS (engineers estimate= 1 DMSION "D" - STREET'S (engineer's estimate= DIVISION "E" -DETENTION BASIN (engineer's estimate— 1 DIVISION "F" -MISC. IMPROVEMENTS (engineer's estimate— 1 Total engineers estimate= The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate. The development is legally described as follows: See Attached Exhibit "A" Said public improvements shall be constructed by our customer, in (subdivider) accordance with the plans, specifications, completion schedules and cost estimates prepared by (subdivider's engineer) The undersigned agrees that this Irrevocable Letter of Credit shall remain in full farce and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on 20_, provided, however, the undersigned shall notify the City Clark by certified or registered mail,retu=receipt requested,at least ninety(90)days prior to said expiration date, that said Latter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until , 20_,without regard to (expiration date) any default in payment of money owed to the issuer by our customer and without regard to other claims which the Issuer may have against our customer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration date by submitting a new Letter of Credit to the same form and substance as this Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. It is agreed that the following shall be considered a default by our customer and shall entitle the City to make demand on this Letter of Credit: 1. that said Letter of Credit will expire within thirty(3 0) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the subdivider at least thirty(30)days prior to the aforesaid expiration date; or 3. that the owner and/or subdivider has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the owner and/or subdivider has demonstrated that they will be unable to complete the improvement; or � -3 S. that the City of Yorkville has determined that the public improvemems or other improvements covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or 6. that if more Hinds are disbursed at this time on order of the owner and/or subdivider insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the owner and/or subdivider has been notified that the municipality finds that a breach of the owner's and/or subdivider's obligations has occurred and bas not been cured within a period of thirty(30)days. The Issuer's obligation to the City is based solely on this Irrevocable Letter of Credit engagement between this financial institution and the City and is not subject to instructions from our customer. It is recognized that the City has directed our customer to proceed with the construction of public improvements upon the guarantee of this irrevocable commitment. It is further acknowledged that the consideration for this irrevocable commitment is provided by agreements between this financial institution and our customer. This Irrevocable Letter of Credit sets forth in full the terms ofthis undertakingbetween the Issuer and the City, and such undertaking shall not in any way be modified, amended,amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Demands on this Letter of Credit shall be made by presenting the Issuer with a letter from the City Clerk of the City of Yorkville demanding payment accompaniedby the certificate ofthe City Clerk of the City of Yorkville certitjting the basis for the default and demand on this Letter of Credit. The undersigned agrees that this Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Letter of Credit may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however,the outstanding balance ofthis Letter of Credit shall not be reduced to less than 25%of the approved ongineer's estimate upon which this Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Letter of Credit has been released by the City Council of the City. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The undersigned further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Letter of Credit in accordance with its' terms. I We hereby engage with you that all demands for payment in conformity with the tents of this Irrevocable Letter of Credit will be duly honored on prewrrtation to us prior to expiration of this Letter of Credit. BY: ATTEST: Name: Name: Title: Title: STATE OF ILLINOIS) ) SS COUNTY OF+� I,the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that personally]mown to me to be the of the (title) and personally known to me to be the (name of institution) (fie) of said institution, and who are personally known to me to be the same persons whose names are subscribed to the ]foregoing Leiter of Credit ss such and (ti respectively, and caused the corporate seal of said tle) to be�aeiited thereto (name of institution) pursuant to authority given by the Board of Directors thereof as their free and voluntary acts and as the free and voluntary act and deed of said institution. Given under my hand and official seal this_day of_�0_, SEAL Notary Public T, WACURRENT PROJECTS\YORK WOOD ESTATESWNNEXATION AGREEMENTYORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC 05/1/01 EXHIBIT"H" PROJECT SIGNAGE I. Onsite Project Identification Signs: 1. Number: 4 2. Maximum Height: 20 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER II. Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER III. Onsite Directional and Information Signs: 1. Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER IV. Onsite Sales or Marketing Signs/Flags: 1. Number: 12 2. Maximum Height: 10 feet 3. Maximum Sign Faces per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Location: As from time to time determined by DEVELOPER H-1 WACURRENT PROJECTS\YORK WOOD ESTATES�ANNEXATION AGREEMENTWORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC 05/1/01 V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the CITY Sign Ordinance and Subdivision Ordinance, or as otherwise approved by the CITY Council or Building and Zoning Officer upon request by DEVELOPER. Permanent entry monument signs and treatments shall not be located in public right-of- way and shall have adequate separation from underground utilities. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit"H", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the Subject Property as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. H-1 W:\CURRENT PROJECTS\YORK WOOD ESTATES\ANNEXATION AGREEMENT\YORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC 05/1/01 EXHIBIT "I" RECAPTURE IMPROVEMENTS 1. To be determined. I—L W1CURRENT PROJECTS\YORK WOOD ESTATESWNNEXATION AGREEMENnYORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFf.DOC 05/1/01 EXHIBIT "J" RECAPTURE AGREEMENT (See following six pages) 8-1 RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement'), is made and entered as of the day of 1200_,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation("CITY") and ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated , 2006("Annexation Agreement')pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision("Recapture Items")which will provide benefit to other properties('Benefited Properties")from the OWNERS of the Benefited Properties ('Benefited OWNERS"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW,THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto,the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment"A" attached hereto("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item("Estimated Cost'). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment"B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". There are a total of O Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s)which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent(6%)per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel, or any portion thereof,his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof,or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur,the CITY shall collect from such Benefited OWNER, or its agent or representative,the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision(whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY,within thirty(3 0)days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERS as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents,harmless from the failure to collect said fees. In any event,however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement,DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances,resolutions,motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty(20) years from the date hereof,unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs,plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns,may either in law or in equity,by suit, action,mandamus,or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement,unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery,on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail,registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 with a copy to: John Wyeth,Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 If to OWNER F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. WACURRENT PROJECTSWORK WOOD ESTATESWNNEXATION AGREEMENTYORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC snizoos IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk A-1 WACURRENT PROJECTS\YORK WOOD ESTATES\ANNEXATION AGREEMENTWORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC 6/1/2006 EXHIBIT JC' Yorkville Community Unit District 115. A-1 W:ICURRENT PROJECTSWORK WOOD ESTATESIANNEXATION AGREEMENTIYORK WOOD ESTATES ANNEXATION AGREEMENT FINAL DRAFT.DOC 6/1/2006 EXHIBIT"L" Right to Farm Disclosure Statement for Final Plats A-1 • � r I Exhibit'V' KENDALL COUNTY RIGHT-TO-FARM STATEMENT NOTICE: Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator- A-1 or Ag Special Use. 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[ |§! ; 0§0 ! ) }\ § B § ! f § \ § 2 \} \ } § : ) ( § J - - \ !{ |§ 7 ! | |! ® �� - - - - - - } )/ [ _ J |! } ir ! < [ | !§ /\/ )\ § § \ § § ) )} DRAFT UNITED CITY OF YORKVILLE,ILLINOIS KENDALL COUNTY,ILLINOIS SPECIAL SERVICE AREAS SERIES 2007—PAYDOWN BONDS (Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms ISSUER: United City of Yorkville,Illinois(the"City") BOND TYPE: Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off-site Public Improvements benefiting the Special Service Areas(the "Areas"). Improvements include roadways (including Pavillion Road) sanitary sewer facilities,water facilities, costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS: The City will form five separate special service areas(the"Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated,the special service areas will be: Acreaee* Units* Silver Fox 103 172 Evergreen Farms 49 77 Aspen Ridge Estates 126 217 Chally Farm 154 224 York Wood Estates 178 185 %subject to change) SECURITY: - A first lien on all Special Taxes imposed upon all property within each Special Service Area. - A Reserve Fund equal to 10%of the initial par amount of the Bonds. - the Special Service Areas will not be cross-collateralized USE OF PROCEEDS: The proceeds of the Bonds will be used to 1)purchase and/or construct certain Public Improvements; 2) fund a debt service reserve equal to 10%of par; 3)to pay capitalized interest for up to 25 months;and,4) pay costs of issuance. COUPON: TBD FINAL MATURITY: March 1,2017 AMORTIZATION: Amortization will be in years 2014 through 2017. DRAFT STRUCTURE: Pursuant to a Special Tax Roll,the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively,this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property (i.e.,prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly,the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment." Beginning in 2009,each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment,the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Average Estimated Tax Payments SPECIAL TAX PAYMENTS: (per unit) Year Amount'" 2009 $1,195 2010 1,195 2011 1,195 2012 1,195 2013 6,481 2014 6,480 2015 6,480 2016 4,186 (1) -includes principal and interest -assumes an average debt of$22,940/unit -assumes title does not transfer -assumes no prepayment and an average Debt Service Reserve Credit of$2,294/unit ESTIMATED SOURCES Sources: AND USES OF FUNDS: Bond Proceeds $20,074,000 Original Issue Discount(') (200,740) City Funds 2,000,000 Interest Eamings(21 611425 22,492,685 Uses: Improvements 17,743,660 Debt Service Reserve(3) 2,007,400 CapitalizedInterest(4) 2,300,145 Costs of Issuance(') 441,480 22,492,685 () In order to allow for prepayment at any time without penalty,the bond purchasers will require a I%discount on the bonds at the time of issuance. (z) Interest is earned on the unspent bond proceeds held by the bond trustee. 0) The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See`Debt Service Reserve." (4) Interest is capitalized through March 1,2009. The first tax bill will be June 2009. (s) Costs of issuance are estimates and subject to change. DRAFT DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10%of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount (see"Payoff')at the time the lien is released(the"Debt Service Reserve Credit"). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF: Based on a$20,074,000 bond issue,the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit AmounOI Silver Fox 19,388 2,559 21,946 2,195 19,752 Evergreen Farm 22,914 3,024 25,938 2,594 23,345 Aspen Ridge Estates 20,252 2,673 22,925 2,292 20,632 Chatty Farm 19,706 2,601 22,307 2,231 20,076 York Wood Estates 20,680 2,729 23,409 2,341 21,068 tD Difference between"Payoff Amount'and"Fee per DU'equals each unit's per share cost of the Costs of Issuance and the Capitalized Interest. ANNEXATION It is contemplated that each developer will agree in its Annexation AGREEMENT: Agreement to the formation of the special service area on its property and the imposition of the special tax. In order to assure an adequate number of units is included and the resultant special tax is acceptable,all annexations would need to occur simultaneously. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of$1,000 in excess thereof. BOND FORM: Book-entry Only through DTC ANTICIPATED RATING: None TAXATION: Exempt from federal taxes;not subject to AMT;not exempt from State of Illinois income taxes. INTEREST PAYMENT March I and September 1,commencing September 1,2007 DATES: PRINCIPAL PAYMENT March 1, commencing March 1,2014 DATES: OPTIONAL REDEMPTION: The Bonds are subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date,in par,from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area(the PREPAYMENT: "Establishing Ordinance") and deposited into the Special Redemption Account of the Bond Fund,at a redemption price of par, together with accrued interest on such Bonds to the date of redemption. The Bonds will be called in order of maturity. DRAFT When the amount on deposit in the Special Redemption Account equals$1,000,such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION: The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT: Annually on or before the last Tuesday in December,the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL: Foley&Lardner UNDERWRITER: William Blair&Company TRUSTEE: Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMINISTRATOR: The City will hire David Taussig&Associates as the special service area administrator(the"Administrator") to assist the City in the levy,abatement and collection process. ... ��,!�� X11 rm�•■i �l:�.r_.... r ��iP9f1-•��L !1' of� � .f ,e'•.,.\ n . 1nflMlaiT:..: .� �_ .. t �! u n � r .I� �t � J fu.•.� L. in . ASr-1e�:� r.Ai 9l—t.'i wrl l•.of 1 o c tr/1 �B1t • •:a/iG:_ uufr unN rintt'' ,� A/ e Irnru °� farce• E, ��-■A�� r III ,f�'1�S e�.7a1 3•I • 4 ii�C �I � --77�IIIIm 4-1 r a x9111 ,, q. / 1 I IO � • / � �/�..,. 1, � imp ammnn�mn,.�•�� Oil P/� Al Pei , \I �� ® \fie 2!'_._ ��r , :��.•!f ,�� ►I 1 IVI, s, ) ,►/, � /_.,L� :'s JAT (��; /!� to cr �� ' ■ MEN. E 7a . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Yorkwood Estates) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILLS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS (Yorkwood Estates) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory, and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 Ery- �e STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Yorkwood Estates) WHEREAS, JS &WD Development, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein (the Property), and WHEREAS Wyndham Deerpoint Homes and JS & WD Development, developers of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as R-2 Residential District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-2 Residential District as described in attached Exhibit `B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURR PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE a 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