Ordinance 2004-56 201I51_t11Q17114I I
Filed for Record in
K.ENDALL COUNTYY ILLINOI{
STATE OF ILLINOIS ) PAUL ANDERSON
I I[��_1 i'--LIJI_IC At 02:37 l Pm.
ss ORDINANCE 72.00
COUNTY OF KENDALL )
ORDINANCE NO. 2004
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
BURNSIDE CONSTRUCTION COMPANY
(THE VILLAS AT THE PRESERVE SUBDIVISION)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation and Planned Unit Development Agreement pertaining to
the annexation and 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 Annexation and Planned Unit 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,the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended,for the
execution of said Annexation and Planned Unit Development Agreement has been fully complied
with; and
WHEREAS,the property is contiguous to the City,and is not located within the boundaries
1
of any other Illinois Municipality.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City, an Annexation and Planned Unit Development Agreement concerning the
annexation and development of the real estate described therein, a copy of which Annexation and
Planned Unit Development Agreement is attached hereto and made a part hereof.
Section 2:That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT 4— MARTY MUNNS
ROSE SPEARS ` RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of a,,k ti j n , A.D. 201�7-1/--.
MAYOR
2
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day ofrjL? , A.D. 20 4
J,,F at
CITY LERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
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,X2002 13:17 Gold-Fax Message Page 417
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000498916 AU
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, AND THAT PART OF THE NORTHEAST 1/4
OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN
BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON
SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48
DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTER-CLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71
FOR THE POINT OF BEGINNING; THENCE SOUTHERLY, ALONG THE LAST DESCRIBED COURSE,
967.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT,
882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESERVED IN A WARRANTY DEED
FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN
BOOK 30 AT PAGE 548 ON MARCH 23, 1870, AND THEN CONVEYED TO GEORGE W. HARRIS BY
WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870; THENCE
NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES
19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM),
1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG
SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,
KENDALL COUNTY, ILLINOIS
.RrAnAT.
SAP PAGE A2 SS 05/23/02 12:46:03
Annex.Agreement
Page No. 1
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(Above space reserved for Recorder's use)
ANNEXATION AND PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE
AND
BURNSIDE CONSTRUCTION COMPANY
DEVELOPER AND OWNER OF RECORD
(THE VILLAS AT THE PRESERVE SUBDIVISION)
WHEREAS, a petition for Annexation, Rezoning, Planned Unit Development and
Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto
("Subject Realty"), has been filed with the United City of Yorkville, Illinois ("City") by those
persons and entities identified in Exhibit X attached hereto (collectively "Owner") and Burnside
Construction Company("Developer"); and,
WHEREAS, the Plan Commission has held a public hearing on said petitions in
accordance with law and recommended approval thereof; and,
WHEREAS, the City Council has received the recommendation of the Plan Commission
and has considered the same; and,
WHEREAS, the Subject Realty is located contiguous to the corporate boundaries of the
City and is not within the corporate boundaries of any other municipality; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the Subject Realty will be annexed to the City in an orderly manner; and
WHEREAS, Owner and Developer and their representatives have discussed the
proposed annexation and have had a Public Hearing with the Plan Commission as to the
annexation and the City Council as to this Agreement, 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.
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NOW THEREFORE, for an in consideration of the mutual promises and covenants
herein contained, the parties agree, as follow:
ARTICLE I
ANNEXATION
SECTION 1: APPROVAL
The Subject Realty legally described in Exhibit I attached hereto shall be annexed to the
United City of Yorkville and zoned as hereinafter provided in this Agreement. The City shall
adopt all ordinances which are necessary or proper to effectuate the intent of this Agreement,
including ordinances annexing the Subject Realty and rezoning it as hereinafter provided.
ARTICLE II
PLANNED DEVELOPMENT APPROVAL
SECTION 1: APPROVAL AND MAP AMENDMENT
The Subject Realty shall be rezoned from Kendall County A-1 Agricultural to United
City of Yorkville R-2 Duplex Two-Family Residence Planned Unit Development District
incorporating duplex (two family) residential housing uses, open space and natural areas;
subject to the following requirements, variations and restrictions provided herein.
ARTICLE III
PLANNED UNIT DEVELOPMENT PLANS
SECTION 1: APPROVED PLANS
The following plans have been reviewed by the Plan Commission of the City and are
hereby approved by the City as a part of this Agreement.
1. General Development Plan prepared by Lannert Group, with last revision date of April
12, 2004, a copy of which is attached hereto as Exhibit 11 ("General Development
Plan");
2. Preliminary Plan by Lannert Group, with a last revision date of July 29, 2004 a copy of
which is attached hereto as Exhibit III("Preliminary Plan");
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3. Preliminary Engineering Plan prepared by P & D Consultants with a last revision date of
July 30, 2004 a copy of which is attached hereto as Exhibit IV ("Preliminary
Engineering Plans");
4. Preliminary Landscape Plans, prepared by Lannert Group dated July 29, 2004
("Preliminary Landscape Plan"), a copy of which is attached hereto as Exhibit V;
5. Typical Unit Landscape Plan, prepared by Lannert Group dated May 19, 2004 ("Typical
Unit Landscape Plan") a copy of which is attached hereto as Exhibit VI
The General Development Plan, Preliminary Plan, Preliminary Engineering Plans, Preliminary
Landscape Plans, and Typical Unit Landscape Plan are sometimes referred to collectively as
"Preliminary Plans." The Preliminary Plans shall be hereby deemed approved. Development
within the Subject Realty shall be in substantial conformity with the Preliminary Plans,
applicable provisions of United City of Yorkville Subdivision Ordinance, and this Agreement.
Development of the Subject Realty shall be in conformity with applicable ordinances of the City,
except as otherwise provided or specifically varied or limited in this Agreement, and in
accordance with the additional procedures, definitions, uses and restrictions contained therein.
SECTION 2: APPROVAL OF FINAL PLANS
Developer shall have the right to develop the Subject Realty in such number of phases or
units (individually a "Phase of Development") as Developer may from time to time determine
in its sole discretion. Upon the submittal by Developer to the City of a final plat of subdivision
("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans
("Final Engineering Plans") for a Phase of Development , which substantially conform with
the Preliminary Plans as to such Phase of Development, the City shall promptly approve such
Final Plat, (so long as it is in substantial conformity with the approved General Development
Plan, and that Developer is not in material breach or default as to any terms of this Agreement),
Final Landscape Plan and Final Engineering Plan in compliance with applicable law and cause
the Final Plat to be duly recorded with the Kendall County Recorder's office provided Developer
complies with applicable city regulations pertaining to (I) the posting of the applicable Security
Instruments,as defined in Paragraph of this Agreement, for such Phase of Development,(ii) the
payment of applicable fees to the City as provide for in this Agreement and (iii) the procurement
of such approvals as may be required by other governmental authorities with jurisdiction
thereover.
SECTION 3: HOMEOWNERS ASSOCIATION COVENANTS, CONDITIONS AND
RESTRICTIONS OF RECORD
Concurrent with and prior to recording its First Final Plat, Developer shall submit to the
City and City shall review a copy of the Declaration Covenants, Restrictions and Easements (or
similarly named document) (`Declaration") which will be used by developer to establish the
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covenants, conditions and restrictions for each Phase of Development. The Declaration shall
provide for the authority of Developer and/or the City to establish an association(the
"Homeowners Association") which shall have primary responsibility for the ownership, care
and maintenance of the common open space areas within the Subject Realty as listed in Exhibit
VII attached hereto ("Common Facilities") and the collection of assessments from the
association members to defray the cost thereof. The Declaration shall be recorded against each
Phase of Development simultaneously with the recording of the Final Plat for each Phase of
Development. The Owner/Developer shall be solely responsible for creation and formation of
the Homeowners Association, although the City may have the right, but not the obligation to do
so, if Owner/Developer fails to do so.
SECTION 4: DORMANT SPECIAL SERVICE AREA
Owner/Developer agrees to the City enacting at the time of final plat approval a Dormant
Special Service Area (DSSA) to act as a back up in the event that the Homeowners Association
fails to maintain the Common Facilities, including, but not limited to, private common areas,
detention ponds, perimeter landscaping features and entrance signage within the Subject Realty.
Owner/Developer agrees to execute any and all documentation necessary or proper to create the
Dormant Special Service Area.
ARTICLE IV
DEVELOPMENTSTANDARDS
SECTION 1: ZONING AND LAND USE REQUIREMENTS
A. Zoning: The underlying zoning classification for each of the Phases of
Development shall be as follows pursuant to applicable provisions of the Zoning Ordinance:
1. R-2 Duplex Two-Family Residence Planned Unit Development
B. Land Use Requirements:
1. Each of the Phases of Development shall be developed in compliance
with the bulk design standards as set forth in the Zoning Ordinance and
Subdivision Ordinance ("Bulk Design Standards"), unless otherwise
provided herein.
SECTION 2: BULK DESIGN STANDARD MODIFICATIONS
Unless otherwise provided in the General Development Plan, each Phase of Development
shall be developed in compliance with the bulk design standards as specified in the City's
Subdivision Ordinance and the Zoning Ordinance, except as otherwise specified in Exhibit VIII
attached hereto (the "Bulk Design Modifications"). The Bulk Design Modifications are hereby
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approved and shall control the development of the Subject Realty irrespective of any conflicting
provision contained in the City's Subdivision Ordinance or Zoning Ordinance.
SECTION 3: TEMPORARY MODEL SALES AND CONSTRUCTION FACILITIES
A. Developer/Owner, its successors and assigns shall have the right to place, build
and utilize trailers and/or model homes for management, sales and construction offices and
facilities and temporary off-street parking facilities, in each Phase of Development from the time
this Agreement is approved by the City Council until the last occupancy permit has been issued
for all dwelling units permitted within the Subject Realty, provided that only one (1) sales trailer
may be located upon the Subject Realty. No model home area shall require off-street parking
facilities other than model home driveways unless such model home area contains more than
five (5) contiguous model homes. All temporary off-street parking facilities shall be constructed
and maintained with at least a gravel surface. All such temporary parking facilities shall be
removed by Owner upon the termination of such use. The City shall permit construction of
model homes prior to construction of the Public Improvements within the Phase of Development
such models are located, and will allow Developer to pump to the sanitary manholes to provide
service to the model homes.
B. 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 streets and water improvements required to serve such dwelling units.
Building permits for model homes and sales trailers shall be issued by the City upon proper
application thereof prior to the installation of public improvements, provided a gravel access
road is provided for emergency vehicles and upon submission of a temporary hold harmless
letter to the City and the Bristol-Kendall Fire Protection District. A final inspection shall be
conducted prior to the use of a model home, and water service shall be made available within
three hundred feet (300') of the model home.
SECTION 4: STREET ACCESS
A. Restricted Access: Each residence built within the Subject Realty shall have
access to the public roadway to be constructed in accordance with the General Development
Plan, i.e. Harris Circle and Forest Preserve Drive. No direct driveway access shall be permitted
for any residential lot onto Route 71.
B. Minor Streets: The subdivision internal minor streets ("Minor Streets") shall
provide access from the residences to Route 71. The Minor Streets are to be named "Harris
Circle " and "Forest Preserve Drive". Minor Streets will be dedicated to the City as noted in the
Final Plat. Final naming of streets shall be subject to City approval.
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SECTION 5: RESIDENTIAL SIGNAGE
A. Temporary Signage: Temporary Project Signs shall be permitted for the Subject
Realty as provided in Exhibit IX attached hereto, from the date of approval of this Agreement.
1. Owner/Developer shall be allowed three (3) temporary sales signs
("Temporary Sales Signs"), each of which shall be double sided. The
Temporary Sales Signs shall be located as shown on Exhibit IX (depicted as
4CC 99 and"D").
2. Owner/ Developer shall be allowed two (2) project marketing signs ("Project
Marketing Sign"). Said Project Marketing Signs may be located as shown on
Exhibit IX (depicted as `B") and shall have a maximum area of 120 square feet
per side and a maximum height of 15 feet.
3. Owner/Developer shall be allowed to place such signs as shown on Exhibit IX
in conformance with the standards ser forth in the City Zoning and Subdivision
Ordinances currently in effect at the date of execution of this Agreement by the
City unless otherwise modified by this Agreement.
B. Permanent Signna_ge: Permanent residential entry identification signs and features
shall be permitted at the entry streets to each Residential Neighborhood as identified in the Final
Landscape Plans ("Residential Entry Features"). The Residential Entry Features shall be
constructed, owned and maintained in accordance with the provisions of Section 3 of Article III
of this Agreement. The approximate location of the Residential Entry Features are depicted on
Exhibit IX as "A".
SECTION 6: CONFLICT WITH DEVELOPMENT ORDINANCES
To the extent of any conflict, ambiguity or inconsistency between the terms, provision 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, Sign Ordinance,
Landscape Ordinance, the Subdivision Ordinance, as heretofore identified, City Reimbursement
of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development
Fee, or any other City code, ordinance or regulation, (collectively defined herein as
"Development Ordinances") the terms, provision and standards of this Agreement shall govern
and control. These Development Ordinances shall be the Ordinances that govern this Subject
Realty and as to the dates of this Agreement, and any amendment to the Development
Ordinances shall not apply to the Subject Realty. Notwithstanding the foregoing, if any City
code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are
applied uniformly within the City said Ordinance shall apply for that purpose to the Subject
Realty.
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All Development Ordinances in effect as of the date of execution of this Agreement shall
continue in effect insofar as they relate to the development of the Subject Realty, except as
provided in this Agreement, for a period of five (5) years. Any amendment, repeal, or additional
regulations, which are subsequently enacted by the City shall not be applied to the development
of the Subject Realty except upon the written consent of the Owners and Developer during said
five (5) year period. After said five (5) year period, the Subject Realty and its development will
be subject to all ordinances, regulations and codes of the City inexistence 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
units herein approved for the Subject Realty; alter or eliminate any of the ordinance variations
provided for herein; nor result in any subdivided lot or structure constructed within the Subject
Realty being classified as non-conforming under any ordinance of the City.
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 Realty, 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 withe 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 Realty pursuant to the less restrictive amendment
or modification applicable generally to all properties within the City.
SECTION 7: FEES AND CHARGES
Fees and charges may be assessed against the Subject Realty provided any such fee or
charge is or shall be collected by the City on a uniform basis from all owners, users and
developers of property within the City. The City shall not increase the amount of any fee or
charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility
fees, application fees or use fees for the Subject Realty unless such increases are: (I) made
generally applicable to all owners, users and developers of property with 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.
The City's Development Ordinances establish the City policy with respect to fees and
contributions to be made by developers of real estate as follows, including but not limited to the
following:
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A. United City of Yorkville:
1) Building Permit Fee $650/du+ $0.20 per sq. ft.
2) Water Connection Fee $2,660/du
3) Water meter cost $325/attached units
4) City Sewer Connection Fee $2,000/du
5) Water and Sewer Inspection Fee $25
6) Public Walks/Driveway Inspection Fee $35
B. Development Fees:
1) Public Works $700/du
2) Police $300/du
3) Building $150/du
4) Library $500/du
5) Bristol-Kendall Fire PD $1,000/du
6) Engineering Capital Fee $100/du
7) Park & Recreation Capital Fee $50/du
The fees payable as aforesaid shall be those established by the City's Development Ordinances
on the date of approval of this Agreement by the City.
C. Yorkville Parks and Recreation Department: Owner/Developer agrees to pay, in
lieu of land, a cash donation of $145,645.00, per the City ordinances; payable
50% at the time of final plat recordation and the remaining 50% at the time of
issuance of each building permit at the rate of$1,734.00per duplex building.
D. Yorkville Community School District:
1) Land Cash Fee: The Yorkville Community School District has requested cash
in lieu of a land donation. Owner/Developer shall pay $118,790.00in satisfaction
of the land cash fee to the School District per the ordinances. Said contribution
shall be paid 50% at the time of recording the final plat and the remaining 50% at
time of issuance of each building permit for a duplex building in the amount of
$1,416.00 per duplex building.
2) School Transition Fee: The Yorkville Community School District agrees to
accept $ 3000.00 per dwelling unit in satisfaction of the United City of Yorkville
School Transition Ordinance in effect at the time this Agreement is signed,
payable at the time of issuance of building permits for each dwelling unit.
E. Engineering Review Fee: Owner/Developer agrees to pay, at final plat approval
for each phase of the development, an Engineering Review Fee at the rate of 1.25 % of the
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approved engineer's estimate of cost of all land improvements, as defined in the Subdivision
Ordinance in effect at the time this Agreement is signed.
F. Administration/Inspection Fee: Owner/Developer agrees to pay, at final plat
approval , an Administration/Inspection Fee at the rate of 1.75% of the approved Engineering
estimate of construction costs of land improvements, including but not limited to, all public
improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to
be maintained by the Homeowners's Association.
G. Weather Warning Siren: Owner/Developer agrees to pay, at annexation, a
weather warning siren fee to the City of $75.00 per acre, or a total of $1,800.00. Said
contributions and fees, as they apply to the Subject Realty, shall not be increased from the date
of approval by the City of this Agreement.
SECTION 8: SANITARY SEWER SERVICE
DEVELOPER shall cause the Subject Realty, 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 Realty 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 Realty.
SECTION 9: POTABLE WATER SERVICE
The City acknowledges that it owns, operates and maintains a potable water supply and
distribution system within its borders and water mains within the right-of-way along a portion of
the perimeter of the Subject Realty , which system and mains have, sufficient capacity and
pressure to accommodate the anticipated potable water and fire protection needs of the Subject
Realty to the extent the Subject Realty is developed in accordance with the General
Development Plan. The City shall cooperate with Developer in obtaining all off-site easements
necessary and shall grant Developer access to all City owned right-of-way to enable Developer's
provision of potable water service to the Subject Realty. Developer shall restore property
affected by off-site extension of water lines to its condition existing prior to said construction.
In the event the CITY requires OWNER/DEVELOPER to oversize water mains based on
the fire flow requirements of the development, sanitary sewer mains, or storm sewer lines, the
parties shall enter into a written agreement specifically providing that said costs shall be
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reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance
in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any
oversizing.
SECTION 10: STORM SEWER FACILITIES
Any storm water detention facility constructed on-site shall comply with the
requirements as set out on the Preliminary and Final Engineering plans, subject to approval of
the City Engineer..
SECTION 11: OWNERSHIP OF PUBLIC UTILITIES
All public utilities, including but not limited to sanitary sewer, storm sewer and water
mains shall be owned and maintained by the City after acceptance in accordance with the
Subdivision Ordinance. Any storm water detention facilities shall be owned by the Homeowner's
Association and maintained by said Association.
SECTION 12: OFF-SITE IMPROVEMENTS/RECAPTURE/INSPECTIONS
A) The City agrees to respond to all requests for required inspection or permits
within seven (7) days and to issue or reject (with explanation for corrections) approvals and/or
permits within fourteen(14) days.
B) Off-site improvements for the provision of water, sanitary sewer and other utility
and infrastructure services shall be provided by OWNER/DEVELOPER according to the City
Subdivision Ordinance. After the installation of improvements by OWNER/DEVELOPER, the
United City of Yorkville shall deliver to the subdivision site potable water characterized by such
minimum flows and pressures as required by the Illinois Environmental Protection Agency.
C) The CITY agrees to consider, but is not obligated . to negotiate with
OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or
water main improvement or on-site sanitary sewer or water main improvement benefitting future
users that are contiguous or within a reasonable service area of the Subject Realty. Any recapture
shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the
Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by
OWNER/DEVELOPER, and approved by a majority vote of the City Council.
D) OWNER/DEVELOPER and CITY agree that if easements are necessary for
off-site improvements to serve Subject Realty with utility and municipal services. The United
City of Yorkville hereby agrees to use its best efforts, to assist the OWNER/DEVELOPER in the
acquisition of easements or permission to use easements from private parties, Bristol Township,
Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be
at the expense of OWNER/DEVELOPER
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SECTION 13: ACCEPTANCE OF PUBLIC IMPROVEMENTS/SECURITY INSTRUMENTS
A) Acceptance of 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 the Subdivision ordinance,
and shall adopt the resolution accepting said public improvements within sixty (60) days
following the submission of the "as built" plans, provided the public improvements have been
accepted by the City. Should the City not approve the public improvements, it shall provide a
detailed written description of why the improvements are not being accepted to the Developer
within 60 days of Owner'/Developer's request for acceptance.
B) Posting Security: DEVELOPER shall deposit, or cause to be deposited, with the
CITY, at DEVELOPER 'S option, 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 at the time
this Agreement is executed. All such Security instruments if in the form of an irrevocable letter
of credit shall be substantially in a form agreeable to the parties. The City, pursuant to
recommendation by the City Engineer, shall from time to time approve a reduction or reductions
in the Security instruments by an amount not in excess of eighty five percent (85%) of the value
certified by the City Engineer of the completed work, so long as the balance remaining in the
Security instruments is at least equal to one hundred ten percent (110%) of the cost to complete
the remaining public improvements for the applicable Phase of Development. The Security
Instruments for the public improvements for each Phase of Development shall be deposited with
the CITY prior to the recordation of the Final Plat for each Phase of Development. .
C) Release of Underground and Streets: Upon completion and inspection of
underground improvements, street and related road improvements in each Phase of
Development; and 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 Ordinance.
D) Transfer and Substitution: Upon the sale or transfer of any portion of the Subject
Realty, 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 substitute DEVELOPER.
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Page No. 12
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SECTION 14: AMENDMENTS TO ORDINANCES.
All ordinances, regulations, fees, 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 Realty 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 Realty except upon the written consent of
DEVELOPER during said five (5) year period. After said five (5) year period, the Subject Realty
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 Realty, alter or eliminate any
of the ordinance variations provided for herein, nor result in any subdivided lot or structure
constructed within the Subject Realty being classified as non-conforming under any ordinance of
the CITY. Developer shall not be entitled to a freeze on amendments to.ordinances where it
would affect the City's ISO rating.
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 Realty
pursuant to the express and specific mandate of any superior governmental authority, such
ordinance or regulation shall apply to the Subject Realty 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 Realty shall be given full force and effect.
SECTION 15: BUILDING MATERIAL
Exterior building materials shall be employed in a manner to convey a well-considered
Midwestern traditional architectural style. The building facades shall feature a combination of
masonry, textured siding, shakes or scallops with contrasting soffit/fascia and trim boards. All
buildings shall provide for architectural-grade roofing shingles. The front facade elevation shall
consist of brick, stone or like masonry materials and shall constitute no less than forty percent
(40%) of the front facade elevation. The side facade elevation viewable from the street on Lots
1, 11, 16, 29, 30, 36, and 37 shall provide for masonry wainscoting from the front to rear corner
of the building. Attached hereto as Exhibit XII is a proposed style of elevation. The
Owner/Developer agrees that the general exterior style of the residential units will conform
generally with the elevation, with variations in color and materials in conformance with this
Section 15.
Annex.Agreement
Page No. 13
10/15/04 Draft
ARTICLE V
GENERAL PROVISIONS
SECTION 1: CHANGES TO THE PLANNED UNIT DEVELOPMENT
The Subject Realty shall be developed in substantial compliance with the Final Plans and
this Agreement. Changes to the Planned Unit Development hereafter requested shall be
evaluated and processed as follows:
A. Definitions:
1. Major changes: Major changes shall include any changes to the Planned
Unit Development which require an amendment of the Ordinance
approving this Agreement, increase in the number of units, or any other
change for which a public hearing is required by law or by the United City
of Yorkville Municipal Code, except as specifically provided herein.
2. Minor changes: Minor changes shall include any change not defined
herein as a major change or a technical change.
3. Technical changes: Technical changes shall include any change to the
engineering plans and specifications, and any change to the building plans,
which is determined by the Building Commissioner, Fire Chief or City
Administrator as the case may be, to be: (I) in substantial compliance
with the Final Plat as approved by the City Council; (ii) in compliance
with the Yorkville Municipal Code, as amended, except as specifically
varied herein; and (iii) in compliance with usual and customary building
or engineering practice. For purposes of this Section, the location of
buildings and signage shall constitute a technical change only.
B. Procedures:
1. Major changes may be approved by the vote of a simple majority of the
City Council after public hearing and recommendation by the Plan
Commission pursuant to submittal and processing of a petition to amend
the Planned Unit Development and a petition for preliminary approval, as
set forth in the United City of Yorkville Municipal Code.
2. Minor changes may be approved by the City Council without Plan
Commission review or public hearing.
3. Technical changes may be approved by the City Engineer, Building
Commissioner, Fire Chief, or City Administrator, as the case may be.
Annex.Agreement
Page No. 14
10/15/04 Draft
SECTION 2: ON-SITE EASEMENTS AND IMPROVEMENTS
At the time of recordation of each final plat for the Subject Realty, the owner of such
platted area shall grant to the City, at no cost to the City, on-site easements which are determined
by the City Council to be necessary for the provision of Public Improvements for the Subject
Realty, including but not limited to easements for lift stations, sanitary sewer, water main,
electric utility, cable television, storm sewer, stormwater detention and retention, and drainage
facilities of sufficient capacity and elevation to provide free flowing and unobstructed outfall of
stormwater from areas tributary to the Subject Realty, all as depicted on the Final Engineering
Plans or as required by the Subdivision Ordinance. Except for such time to effectuate the
reconnection of any public utility system, there shall be no material disruption or discontinuation
of the operation of any public utility system, or storm or surface water drainage system by virtue
of establishing new easements and vacation any of existing easements, to the extent reasonably
practicable.
The City shall be granted blanket easements, which shall be included in the Declaration
of Covenants, Restrictions and Easements for the subdivisions, for a phase of development, over
the private access roads and parking facilities contained therein for utility maintenance, and for
police, fire, and other emergency vehicles. When each final plat of subdivision is recorded for
the Subject Realty, Developer shall pay for the design engineering, construction engineering and
installation of all on-site Public Improvements as defined herein and under the United City of
Yorkville Municipal Code, and as reasonably determined by the City Council to be necessary for
the development of the Subject Realty in compliance with the Final Plat and Final Engineering
Plans.
In the event that during the development of the Subject Realty Developer determines that
any existing utility easements and/or lines require relocation to facilitate development of the
Subject Realty in accordance with the Final 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 Realty is subsequently determined to be in error or located in a manner inconsistent with
the intended development of the Subject Realty as reflected on the Final 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 the 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.
Developer shall provide for the interconnection, through appropriate storm drainage
easements, swales and structures, of the storm sewer system constructed within the Subject
Realty with the outfall structures and surface channels adjacent to the Subject Realty.
Annex.Agreement
Page No. 15
10/15/04 Draft
SECTION 3: OFF-SITE EASEMENTS AND CONSTRUCTION
At the time each final plat of subdivision for the Subject Realty is recorded, Developer
shall obtain all off-site easements which are reasonably determined by the City Council to be
necessary for the development of such portion of the Subject Realty in accordance with the Final
Plans. In the event Developer is unable to acquire such necessary off-site 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.
At the time each final plat of subdivision for the Subject Realty is recorded, Developer
shall pay for the design engineering, construction engineering and installation of all off-site
Public Improvements as required by the final engineering plans for each final plat of subdivision.
All such off-site Public Improvements shall be included in the Guarantee for Completion for the
area so platted. In the event any such off-site Public Improvements are determined by the City
to provide a benefit to other Subject Realty, the City shall enter into a Reimbursement
Agreement with Developer with respect to such improvements.
SECTION 4: BUILDING CODE
Except as otherwise provided in Exhibit XI ("Building Code Deviations") to this
Agreement, Developer shall comply in all respects with the applicable provisions of the United
City of Yorkville Municipal Code and other City ordinances pertaining to the construction of
structures for human occupation in effect at the time Developer, or its successor or assigns,
makes application to the City for a building permit or permits in connection therewith. The City
expressly approves the modifications from the building codes for the duration of the project as
described in Exhibit XI attached hereto.
SECTION 5: BUILDING PERMITS
The City shall issue building permits for construction of improvements upon the Subject
Realty within fourteen (14) working days subsequent to receipt of application therefore. If the
application is denied, the City shall provide a written statement within said period 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 review and provide written
comments. or approve the resubmittal plans within fourteen (14) calendar days of the
resubmittal. The City shall issue such building permits upon compliance with those
requirements. Developer may apply for and the City shall issue building permits for portions of
the Subject Realty after approval but prior to recordation of a Final Plat for any such portion of
the Subject Realty, and prior to the installation and availability of storm sewer, sanitary sewer
and potable water service to such portion of the Subject Realty. Notwithstanding the foregoing,
Annex.Agreement
Page No. 16
10/15/04 Draft
no occupancy permits shall be issued for such portions of the Subject Realty until the availability
of such utilities to the structure in question is demonstrated, including a binder course of
pavement on the street fronting the structure seeking an occupancy permit.
SECTION 6: OCCUPANCY PERMITS
A. No occupancy permit shall be issued for any building on the Subject Realty until
the storm sewer, sanitary sewer, water system, telephone, gas, electric and streets through stone
base are operational. Notwithstanding the foregoing the Owner/Developer shall be entitled to use
model home/temporary construction and sales trailers in accordance with Section 3 of Article IV
of this Agreement.
B. The City shall not deny a temporary certificate of occupancy for any space within
an attached single family building for the sole reason that other areas in the building are either
incomplete or under construction, provided the space to be occupied otherwise meets all
applicable occupancy requirements of City ordinances; provided that an occupancy permit will
not be issued for a duplex building unless the entire building is "under roof"
C. The City shall issue certificates of occupancy for buildings constructed within
the Subject Realty within two (2) working days subsequent to application therefore, or issue a
letter of denial within said period informing the applicant specifically as to what corrections are
necessary as a condition to the issuance of a certificate. Inability, due to adverse weather
conditions, to install a final surface course on driveways, service walks, public sidewalks,
stoops, landscaping (including parkway trees) and final grading, shall not delay the issuance of a
temporary cert ificate of occupancy, which shall contain specific deadlines for completion of
each of the items not completed. The City shall not issue a final occupancy permit unless the
Final Plat of Subdivision for the Subject Realty is recorded.
SECTION 7: RESTORATION OF CITY PROPERTY
Developer shall repair and replace, in accordance with the original sizes, standards and
topography in a manner satisfactory to the City Engineer, all City property, including Public
Improvements, damaged or disturbed by reason of Developer's work in connection with the
development of the Subject Realty.
SECTION 8: MAINTENANCE OF PRIVATE FACILITIES
The provisions of the Homeowners' Association Declaration shall apply to the repair and
maintenance of all facilities and amenities which are not conveyed to the City as part of the
publicly owned portion of the Public Improvements and are not owned and maintained by a lot
owner within the Subject Realty.
Annex.Agreement
Page No. 17
10/15/04 Draft
SECTION 9: COMPLIANCE WITH STATE STATUTES
A. General: In the event that any one or more provisions of this do not comply with
any one or more provisions of the Illinois Compiled Statutes and the governing rules of the
Illinois Water Pollution Control Board or the Federal or State Environmental Protection
Agencies, then the City, Owner, and Developer, and all of their respective successors and
assigns, agree to cooperate to comply with said provisions which shall include, but not be limited
to, the passage of resolutions and ordinances to accomplish such compliance.
SECTION 10: PRELIMINARY GRADING
Upon execution of this Agreement by the City , Developer may obtain from the City, and
the City may issue, a site development permit for the site grading to be performed upon the
Subject Realty. Such site grading shall be at Developer's sole risk and expense, and in
conformity with Engineering Plans approved by the City Engineer, and any changes or
adjustments to the requirements for such grading resulting from the review and approval of the
final engineering plan for such phase shall be promptly performed by Developer, at Developer's
expense.
SECTION 11: CONSTRUCTION TRAILERS
The City agrees that from and after the effective date of this , Developer's subcontractors'
supply storage trailers may be placed upon such part or parts of the Subject Realty as required
and approved by Developer for development purposes. Said trailers may remain within any
phase of development within the Subject Realty until all Public Improvements for such phase of
development have been completed and accepted by the City.
SECTION 12: STREET STANDARDS
Design standards for Interior Minor Streets and access drives to be utilized as a part of
the development of the Subject Realty are set forth on the Preliminary Engineering Plans
("Street Standards"). To the extent any ordinance or regulation of the City conflicts with any
of the Street Standards, such ordinance or regulation is hereby varied and the Street Standards
shall prevail and be the legal, applicable standards for development of the Subject Realty, except
as otherwise expressly provided in this Agreement.
SECTION 13: DEDICATION OF STREET RIGHT-OF-WAY
The final plat for each phase of development in the Subject Realty shall establish the
dedication of the appropriate right-of-way for all public streets within such phase of
development in accordance with the Subdivision Ordinance, as amended or as otherwise
provided in this Agreement, and in substantial conformity with the Final Engineering Plans.
Street names for each public street shall be established and identified on each final plat of
subdivision.
Annex.Agreement
Page No. 18
10/15/04 Draft
SECTION 14: CONVEYANCES
Nothing contained in this shall be construed to restrict or limit the right of the Owner
and/or Developer to sell or convey all or any portion of the Subject Realty, whether improved or
unimproved, and to transfer or assign any or all of their respective rights and duties under this .
SECTION 15: TRANSFER OF RIGHTS AND DUTIES
Upon the conveyance of any Owner's interest in a phase of development or any portion of
the Subject Realty to a third party("Transferee"), the rights and obligations so identified of such
Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed
assigned to and assumed by such third party, and Owner and Developer shall thereupon be
released and discharged by the City from any further obligation pertaining to such identified
rights and duties. The Transferee shall thereupon be entitled to exercise all rights and authorities
and shall perform all duties and obligations of Owner and Developer pertaining to such phase or
portion of the Subject Realty. The Transferee shall comply with the applicable requirements of
this Agreement pertaining to the posting of guarantees with the City effecting the portion of the
Subject Realty conveyed. Any such guarantee previously posted by the Transferor shall be
released by the City upon the delivery to the City by the Transferee of a substitute guarantee in
the appropriate amount, in proper form and issued by a financial institution approved by the
City.
ARTICLE VI
MISCELLANEOUS
SECTION 1: INCORPORATION OF EXHIBITS
All exhibits attached to this Agreement are hereby incorporated herein and made a part of the
substance hereof.
SECTION 2: 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.
Annex.Agreement
Page No. 19
10/15/04 Draft
SECTION 3: 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.
SECTION 4: ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties hereto
and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to
bind the parties. The parties acknowledge and agree that the terms and conditions of this
Agreement, including the payment of any fees, have been reached through a process of good
faith negotiation, both by principals and through counsel, and represent terms and conditions that
are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each
of them.
SECTION 5: NOTICES
Any notices required hereunder shall be in writing and shall be served upon any other
party in writing and shall be delivered personally or sent by registered or certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to the CITY: United City of Yorkville
Mayor Arthur F. Prochaska, Jr.
800 Game Farm Road
Yorkville, IL., 60560
With a Copy to: United City of Yorkville's Attorney
Law Offices of Daniel J. Kramer
1107 A. S. Bridge St.
Yorkville, IL., 60560
If to the OWNER/DEVELOPER: Burnside Construction Company
2400 Wisconsin Avenue
Downers Grove, IL 60515
Attn: Mr. George Arquilla III
Annex.Agreement
Page No. 20
10/15/04 Draft
With a Copy to: Gary L. Taylor
Rathje & Woodward
300 E. Roosevelt Road, Suite 300
Wheaton, IL 60187
Or to such other addresses as any party may from time to time designate in a written notice to the
other parties.
SECTION 6: 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), 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. m 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 Realty.
SECTION 7: 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 Realty as to provisions applying exclusively thereto, without
the consent of the owner of other portions of the Subject Realty not affected by such Agreement.
SECTION 8: 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 Realty, whether
improved or unimproved.
SECTION 9: 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 Realty 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.
Annex.Agreement
Page No. 21
10/15/04 Draft
SECTION 10: 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.
SECTION 11: 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.
SECTION 12: RECORDING
This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall
County, Illinois, at DEVELOPER's expense.
SECTION 13: 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.
SECTION 14: 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.
SECTION 15: 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
Development .
SECTION 16: 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.
Annex.Agreement
Page No. 22
10/15/04 Draft
SECTION 17: 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 Realty, the CITY, the DEVELOPER, or
OWNERS, including, but not limited to, county, state or federal regulatory bodies.
[REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
Annex.Agreement
Page No. 23
10/15/04 Draft
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
_day of(2�CQ 2004.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
f.,
By: r j
MAYOR
ATTEST:
i lerk
OWNED VELOPER:
BUR SI CONSTRUCTION COMPANY
�y:
Manager
)a c1:
C5� a
Annex.Agreement
Page No. 24
10/15/04 Draft
The undersigned, as legal title holder of the Subject Realty, hereby consents to and joins
in this Annexation and Planned Unit Development Agreement.
THE CONIFER GROUP, L.L.C.
an Illinois limited liability company
By:
Its Manager
Dated: /0— ZS_G7�
Annex.Agreement
Page No. 25
10/15/04 Draft
SCHEDULE OF EXHIBITS
EXHIBIT I: Legal Description of Subject Realty
EXHIBIT II: General Development Plan
EXHIBIT III: Preliminary Plan
EXHIBIT IV: Preliminary Engineering Plans
EXHIBIT V: Preliminary Landscape Plan
EXHIBIT VI: Typical Unit Landscape Plan
EXHIBIT VII: Common Facilities
EXHIBIT VIII: Bulk Design Modifications
EXHIBIT IX: Temporary Signage
EXHIBIT X: List of Owners
EXHIBIT XI: Building Code Deviations
EXHIBIT XII: Sample Elevation
Annex.Agreement
Page No. 26
10/15/04 Draft
EXHIBIT I
LEGAL DESCRIPTION OF SUBJECT REALTY
See attached sheet for legal description.
,,f-2002 13:17 Gold-Fax Message Page 417
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000498916 AU
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, AND THAT PART OF THE NORTHEAST 1/4
OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN
BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON
SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48
DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTER-CLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71
FOR THE POINT OF BEGINNING; THENCE SOUTHERLY, ALONG THE LAST DESCRIBED COURSE,
967.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT,
882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESERVED IN A WARRANTY DEED
FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN
BOOK 30 AT PAGE 548 ON MARCH 23, 1870, AND THEN CONVEYED TO GEORGE W. HARRIS BY
WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870; THENCE
NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES
19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM),
1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG
SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,
KENDALL COUNTY, ILLINOIS
CALMAT.
VAP PAGE A2 SS 05/23/02 12:46:03
Annex.Agreement
Page No. 27
10/15/04 Draft
EXHIBIT II
GENERAL DEVELOPMENT PLAN
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Annex.Agreement
Page No. 28
10/15/04 Draft
EXHIBIT III
PRELIMINARY PLAN
VILLAS AT THE PRESERVE
YORKVILLE, ILLINOIS
OF POINL.OF CURVA E
7 7
US-ROUTE
ALLE t7
air.,souwlwy
FOUND IRON PPI-
C. N1 ..03"
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OUTILOT H
k'
MN
, hSPAOEflIYEiUWQIRE? N TION I
OUTLOT A I V
OPEN SPACE IRETENT
�--f AC
V k
I SAC
_-29-
-1 IZ140 sq.&
V 7
13.039
j th /
N.
2AA'
x_12,086
C.G..L.L.C.
sq.fL'V
fL- +
3301
-0 t GAS STATION
12,35344.1
'A
V
V A 3,096,sq.fL
13,307 sq.IL
'14,11
N�
ol, 96 sq. '
14 1
If if
42
sq.R
21971
I q.IL
A26102q.1t
13,1 sq.1
"t U 12,142 sq.1L,
1 .1 i 5 12,16Z sq.IL,
\2S'EMERGENCY
J -'aa, 40 \ACCESS ROAD
`N-
12,143 sq.fL
A. OIJTLOTC
i�3 :23
sq.fL' OTE
sp�� .982 ft:
it 12,300 sq,11 PEN
"V, DETENTION a0'MINIMUM LANDSCAPE
TOM
34, 1 AC , 139 BUFFER
e13'm 84.fL OUTIOT D
NB
12,000sq.1 0 12,362 sq.fL
s 12,000 RON PIPE
NORTHEASTER';ORNER 1w
uOT 6 S%40WN ON
PLAT RECORD JE'PN PEA'
A 38 PAGE
.35 ILA'. 'w 1w 80C. 3
13,W sq. k
12,000 sq.1
12,W0 eq At '0,.........
pfw
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14,723 sq.fL',
\12,070 sq.It A,
A
m A
A
KENDALL COUNTY '13.349 sq.fL -113.530 sq.fL
417
FOREST PRESERVE
�e
HARMS FOREST-AA r-
PRESERVE —Otuffruon Q
18,715 sq.ft sq.fL,
-112s I I
A
17,135 sq.'IL 4r 13,993 sq.
#A
A
SITE DATA NOER FARMS.L.L.C.
R.d.W.: 3.8 AC. 163,4983F. 16% 13, fL\
Nj ADRICULTUP"MODED
LOT A REA: 13.55 AC. 593.139 S.F. SOS%
61
OPEN SPACE* 6.6 AC. 286,625 S.F. 27.5%
AREA 15.40 sq.fL \1
TOTAL AREA AC. 1.043.262 S.F. 100%
LEGEND:
BUILDINGAREA: 3 AC. 130,788S.F. 12.5% 40
PAVEMENT AREA: 4.13 AC. 180.008 S.F. 17.3% j ..1,-, 1
'i C EXISTING BUILDING
DUPLEX UNITS 42(84 UNITS) i 10.922 sq.It
GROSS DENSITY 3.60 DUfAC 23,744 sq.fL'
TYP.LOT DIMENSION 80`x150'
�MIN.LOT SIZE 12,000 S.F. 14
391 sq.fL PLAT OF SURVEY PRDVIDEO BY
SWTHENGINEEFING
CONSULTANTS.INC.
t A-1
SURVEY IS OATEIM.01.24.02
KENDALL
W- 16S F 41
IW
OF THE
PRESERVE
A
A
yy a1' WNW.
4
LOCATION MAP EMERrRENCY ACCESS ROAD CONNECTION
SCME T-Aw semi
1 L PRELIMINARY PLAN 0 20M T"Loom Orou�,km BURNSIDE HOMES up
F--q
Landscape Architecture•Planning•Community Consulting OWNER/DEVELOPER -4
2400 WISCONSIN AVENUE
e6 36 o 06 lio (630)208-8088 DOWNERS GROVE,IL 60515
1 215 Fulton Street Fox(630)208-WW
40 htfp:1Avww.1ann@rtcom (630)515-9999
SCALE IN FEET NORTH Geneva,Illinois 60134 tig Q lannertcom (630)515-9555 FAX
-AL- JL JL A I I I
Annex.Agreement
Page No. 29
10/15/04 Draft
EXHIBIT IV
PRELIMINARY ENGINEERING PLANS
i
�� I.D.QT.PE'RI9T
Sil4iM YN N'grLNJIT REQUIRED FOR ENTRANCE
N4•J3]IO' NY..]IO.ta SEE TRAFFIC STUDY NM N NNE
N'RV NlT.]10.06' OF 111 71 NVr71]07 - • R-'Ohre<A--�=2L0 ._
`-------- N- - -- - nf`
G , Y �.
-_=- " - '------- - -----ncra omlr.Afm
__ �r _ 1a_--_"-__` T.-I ❑__ ____ ,19527 r crr7T]a� _ _____c��.._ c===' =Y+3-=
1 B• _ ----a=.._=sr'_- _e___== c -' -- - ---- '- ---- - -- -_ __ .-+!v_•11.r Ixv.. s.aW
_ _ TMY 5O CONNECTION
_ 1 ryi AT ROUTE 47
I I m�oEn ccwNEc
__-- ``�`•.�``C'< `` 6TR -'''./, _ - ' 1 _ __ -_rr.<�.^.J•'` 1 ) NOTE
FR1orNkm R.O.W.LINE 81.ROUTE �\�` ` DE'IENnoN CALLSA.+LnONs
\y' ,Iy ' -- - _ -_/ R"'� \ MLL RFEYALUA TED F'OR
LIETFNTIaN STE SE7BAC.--k �< l/ ! " ' �: <'^� • FINAL DESIGN
LL 'nom 71 PER LD.aT. `. ,; 1 ,I 1 ' `�` _)
STANDARDS
ISM DR mm 4193 ACRES(TOTAL 9
` _-'- i \Mid W.L lF 21�.00
\ ` I I 1 I' ,� �•L''/ _' `s ``` 1 -STORAGE VOLNIE REQUIRED-8.13 AC-FT
TOTAL RELEASE RATE FOR 91E�
' 181 CF
SURFACE AREA PONDS.1.40 AO'lEs
� \`p`i`` i i � I i'I r II(i�',y'/�'.�]','- \ _ "_--_ •� \,,TYh __]c\- -A ,;``.� <.� \`\\�I�`,\,\\ - �` \\I
.R/SLOPE` F' ;, _ 1\ [ •' ` I EIA Two siNl/cTVIEES 70
m E10S1wD ,1 1\L 5 A 1 \\ I ` 1. >' `T �'- ---JA'= ., `.``:1 `II` I I' )11 I I ;E}�JSEwG VAELL TO BE
``� ``I
�k`_\� I �<
'''RECMSIRW70 NATURAL
Ida I 1 11 ` a ' : �1�,� ` lji iy/��•+''i' '�%� 7
SEE SEE LANDSCAPE A AREA
i i\`�', 1 � , `i 1� 1 ''i '/ y� -T 'T••` ' -= r'.(" '"�.,�:.;''_'-lal,� _ LSCAPE PLAN
THAT PMT OF TEL SOUTHEAST 1//4 d*SECTION 4 AM THAT PMT OF THE '`li 1`I 1`I ,` ``I` .?`\\ , �', __- '�+``Dy' - '-�• 1 1!! C - y--'-\
NOEIMFAST/{OF SECTION 4'NWISMP M NQRTH,RANGE 7 EAST OF THE -,'
1NWD AL MERIDIAN N NENDALL TOI NSIIP.Np1DALL COUNTY.91NCa ( , , ' ''-'' A' 'Ea'"
,y_%�1"
'f-li:'•
10POQ7M B OLINA/NN SCH&iSND/FROM FIELD SURVEY `i ,S1 \` I , i i ( i ,/,,Y , I/ i j!• ,l��f`
PREPARED BY BaLlNGat utM d ASSOCIATES Na DATED 8/411/bt �•` .1 1 1 i I ���-JT��
-� ;/ ` ``r 1 I Ip-teI WAGE
TO
ALL SA/BTMY SEVERS SMALL eE flD1ER 10'A/QS4R 1l1.0R 8'AT 1 I �\ 1 r i ROUTE{CQVNECi
0.40E 18N.SLOW.900 SHALL HAVE A N981RN OF 8 FOOT OEPTH }
-WATERNAN 4310.VALVE LOCATION;AND NIDRANT LOCATIONS SMALL `` ,1('-� , IIgC:1]�FEIR ' \``` OE7ERAfA/£OnUPON A LT
BE OEIElaWBD OIA7N0 FINAL OE90N. ` 1 1� ` - 1 , 11(1 a�1' ��� \I : A -j' WIN ADJOINING PROPERTY
-PROPOSED LOT SVM=TO BE B•PVC SANITARY AM PER 1•COP I�9D�wNliAN$` oNHERs
WATER SERVICE FOR PER EACH DUPLEX
-SR)IN SEVER FINAL 935 0I BE DETERMINED BY TIME IUlIONAI PNLCOLT,
LIETIIOD AT FINAL E//O/+EF7BM0 UPE f/ FOBES PEER .� , 0' /1 i 1{ ' 1 iyrN- t10NS AL I )
5lY `-lF •.,�^��^^•f'�•�Y`.q-.•c'; `�1`\I _l I
-STREET SINS SMALL BE PROWEO AT EA04 INTERSECTION , i'`.'- '-- "�'L i I '/ .IOC�� 11�
-BOUNDARY ONIONSKINS HARM TAKEN FROM SURVEY FlEEPMm BY
BOUMOM UCH 1 ASSOCIA INC. DATED 2115104 - �/, �/�i ,/ I I 1 I1E I� `I -•r, \i, �.�i.• `
y`\
-ALL$ION SEVER ILL BE MBfDRCED CONCRETE PPE
-ALL REQUIRED E49DAEINTS TO BE SMONN ON FINAL PUT __ / SO ' ;1 1 1 ..]crap .• --K -__�`- '`�)`
-ALL E7MR R REVD TILE IN PORA94AY TO BC MT3 AND PROVISIONS
'L �\
HAVE/GIP IEJROI/1810 WTIa/MAINACE EASELIDITS ---M/.•C--.... L ✓✓/J_ ViX - . ,
11 i•, c^ YaL T �L =-�_______
-S1REEr LIGHTING AM PROPERTY MONUMENTS WILL BE PROVIDED N � -IrL- s.�` - i::A
ACCORDANCE WIN INE 10INLELE SUOMMSQN ORONANIY s% -- `` _ / ` y,,_ , -' ----------
-PRaAwARr ENGINEERING BASE ON LAM PLAN '';'', T''<�
BY LAMMENr DROP OA TO S/40/OI
-ADOTIONAL OR MGWW Gem GRANS NAT BE REQULRED N AREAS OF ' _ - _
S7F04M RQ1pWAY GRADES / j r ' r i -'�- - - `` f �� ` ``, o / -t _` -` ``:�YX\:N
yy _ _ -x---____ V^
No----- ��____- -`� +l
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-+Tx-► M�iYYO Y101rt !� a NMiF.M�Q __`_'iC- ' aL_-' '`
na wnlr +'•+— IaRr wv - / ' , } .L i,(V-" \.`g
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I
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J� %�l�pp1 rl �r // ' L , ♦L`' /[ 1`1'1 - COISTRI1Cim NA VIRAL
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`\ 'L+IENISCAPE PLAN
,_-
. OF97E DRAINAGE
1
t LNRa91Et RNW IAR IL1NN NNE. ' /.L.', I rT 1'1 1 111` `11i .
TYPEAL CRM1110E SWALE SECITION A7:i1QALL 00UV/YRYoTPII EFL7�IACT �i
/IAmrrilRLR7n mils '"'(111
CONNECT TO
OFF57E SANITARY
SUBJECT
CONVECT TO
r �waN lsa /'li'l'�il
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-rte .
TYPICAL POND Smay N
/1111
< l.ii�lll•l
mm,
-PRWWMARY ENareERWr.PLAN NOT TO BE RECORDED LOCATION MAP
w •'`-� -LOCATION AM SSE OF UTIUTES SHOW ON PLAN ARE
SUBJECT TO CHANGE UPON FINAL ENGHWUNG SUBJECT
TO APPROVAL OF THE WLLAGE LNONEM
SANITARY WNER LOAMG DATA
a � 44 DUPLEX LOTS-84 UNITS O 13 PE/UNT-494 PE
w.rYtYrOfYCl V!'w•INNIa N4YyR NAXIMIN FLOW 400 GDP/PE O 491 F'E-117.600 LDP OR 0.19 OS
r�A.y rw!AI�N1 w W-•r!�rl� E
M r�lll�V•A•NNI/� -
TYPICAL PAVEMOff SECTION 9E '
R•N•IM• Job No. 7601 BURNSIDE HOMES PRELIMINARY ENGINEERING PLAN '
TLw/DEOM T/IS/b4 OWNER /DEVELOPER
PFR CUNT 7-JO-OF Soul• 1•-6O ® '� M•WAMrIR
VIII 2400 WSCONSIN AVENUE VILLAS AT THE PRESERVES
DeE• s/YO/04
DOWNERS GROVE,IL 60515 �a� ��� F.
(630)515-9999 YORKVII,IZ, ILLINOIS
(630)515-9555(FAX)
Annex.Agreement
Page No. 30
10/15/04 Draft
EXHIBIT V
PRELIMINARY LANDSCAPE PLAN
�• . v ;�.
40 INS
fit
Ab
FP
'SITE DATA
DUPLEX
GROSS
TYP.LOT DIMENSION WXIW
SUGGESTED PLANT MATERIAL LIST
Lr
AM sp-
0-0.waff saw
r�
c�:• 7 /
�oao�ti. OpO�
'duo°r0
oau0
v`.. •
a o
9
/ 1
BURNSIDE HOMES
PRELIMINARY 1 • • , -
(M)20"M DOWNERS GROVE.IL 60515
Fwt(M)2064M
Geneva,Iftinols 60134 to 0 lwwmtcum )515.W"FAX
•
Annex.Agreement
Page No. 31
10/15/04 Draft
EXHIBIT VI
TYPICAL UNIT LANDSCAPE PLAN
J 150 �
i _-_-_____-_-_-_-_-_---�
i - n
j
14.
+
i 1
I
I I ; 0
i
+
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+
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7
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QO Qs a a1 r 1 ' n ' �1
0 o 01 t r 11
fill . a i&
3r
fit fil.11 a I I i
ic
i
rr
-J
0 2001 The Lannert GrouR k= o n o
TYPICAL UNIT LANDSCAPE PLAN Lannert Group BURNSIDE HOMES
i II(I
OWNERIDEVELOPER
Landscape Architecture■Planning■community consulting N
z 2400 WISCONSIN AVENUE
$ Ii Fax(630)209� M DOWNERS GROVE,IL 60515 �- S
III 215 Fulton Street httpJArww.Aann team
Geneva,Illinois 60134 kg 0 lanneR.com (630)515-9999
(630)515-9555 FAX
Annex.Agreement
Page No. 32
10/15/04 Draft
EXHIBIT VII
COMMON FACILITIES
As depicted on the Preliminary Plan as Outlets A through H inclusive.
Annex.Agreement
Page No. 33
10/15/04 Draft
EXHIBIT VIII
BULK DESIGN MODIFICATIONS
1. Lot width not less than 80 feet at the front building setback line, in lieu of 100 feet.
2. 20 foot front yard setback, in lieu of 30 feet, subject to maintaining at least an 80 foot
Lot width at the front building setback line.
Annex.Agreement
Page No. 34
10/15/04 Draft
EXHIBIT IX
TEMPORARY SIGNAGE
VILLAS AT THE PRESERVE
YORKVILLE, ILLINOIS
US ROUTE 71
'�-. , _ - "- -- - ,� -- --'_' `-- i;1-�`fly♦aaEwux_eo��°'� �� I
( OUTLOT A / 1 9PEN`SFAgENVETLANDlRET'ENTCON ; m
OPEN SPACE/RETBATION ` ( \. ..?� 7�°►C- --..� % O
I
1.8 AC
1 \ 12140 sq.R
13,039 sq.ft. \�, �c /
12,086 sq..
i 1
2 �, 27 �. .
13,307 sq.ft , OD
12,363 sq:fL,/
3 7, / ;r` �.\ AR 11 13.098"sq.R
13,3 / r
�.../ 07 sq.ft. ' / 30 �s `�\ Sl ,
14,114 sq.ft. / ` e
13,098 sq.I
4
14,888 sq.ft. ? + 12,197 sq.ft. 12,810 sq.fL,
---i -�_� 41 /13,0Wsq.ft.
I>s I 32 �12,142 sq.It.
5 i 12,182 sq.ft.
14,322 sq.ft. /
__ -�- 40 \ ' AG
33 1 12,143 sq.ft. �- 23 I OU
6 y, y,12,000 sq.R OUTLOT E �: y',13,982 fL I I
12300 sq.f ` ` OPEN SPACC\�%
%'ETENTIO"F 30'
22; ' I i !A. BUI
34 1 AC 13 ft.
+ / I ,624 sq. �; `, � OU'
' 12,000 sq.ft 12,000 �-'1 / ------ - � 12,$82 sq,ft
35 11
` 12,000 sq.ft. , 13.646 sq.ft. 21 }'
12,000 sq.ft. ` ' - /�_ i +13,007 sq.ft
9 'A2,070 sq.ft. / \C 14,723 sq.ft
TY 13.349 sq.ft 20
` \ �� / Y �' 13.530 sq.fL %
VE
OUfLOTG
\\�
10 19
i
>� ' 15,252 sq.ft.
16,715 sq.%
11 �� /� /�� 18 \
/ 17,135 sq.fL ;+ I \) X X3,983 sq.R
C �� -
tl 171
P`
13.950
V 1 13,950 xlq:ft
12
15.408 sq.ft V �' 18,958 sq.ft.
13 16,922 sq.ft.
23,744 sq.ft.
14
ft.
% 33,391 sq.
(+r
Vry, .A
SIGN LEGEND
5 ` A-PERMANENT MONUMENT(2)
$ATE f B-TEMPORARY SALES SIGN(2)
C-TEMPORARY SALES SIGN(PARKING,1)
-- D-TEMPORARY SALES SIGN(MODELS,2)
LOCATION MAP
S"LE r_-,Door
®xow nnM owe,fnc.
SIGNAGE PLAN Lannert Group m.La BURNSIDE HOMES
q Cndsups�■ •Coaab OWNERIDEVELOFFA
" 3 1400MOCONSIN AVENUE 9s0 15 o
uo „ 215 Futton Street
Far(00)20"M
SCALE IN FEET I IIIIi Geneva,lHkWb 60134 'me0w (1=16M-96fs JL NORTH (aa9 616.9666 FAX
Annex.Agreement
Page No. 35
10/15/04 Draft
EXHIBIT X
LIST OF OWNERS
1) Conifer Group, LLC, an Illinois limited liability company
Annex.Agreement
Page No. 36
10/15/04 Draft
EXHIBIT XI
BUILDING CODE DEVIATIONS
None
Annex.Agreement
Page No. 37
10/15/04 Draft
EXHIBIT XII
SAMPLE ELEVATION
03LpN Stl'3>..
Jn A]]ILS lAY1Pc'Bd I.YJ
U014en813 aPfS I lS cost 19101 I'slZ lelo1
1 c9- oou,l r EZL-d000 Z
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