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Economic Development Packet 2015 05-05-15 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, May 5, 2015 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: April 9, 2015 New Business: 1. EDC 2015-15 Building Permit Report for March 2015 2. EDC 2015-16 Building Inspection Report for March 2015 3. EDC 2015-17 Property Maintenance Report for March 2015 4. PC 2015-07 Fence Height for Corner Yards – Code Amendment 5. PC 2015-06 Southwest Developments – Amendments to Annexation Agreements a. Aspen Ridge Estates b. Chally Farm c. Evergreen Farm Estates d. Silver Fox e. Yorkwood Estates Old Business: Additional Business: 2015/2016 City Council Goals – Economic Development Committee Goal Priority Staff “South Side Economic Development” 1 Bart Olson & Krysti Barksdale-Noble “Revenue Growth (Industrial/Commercial Incentives)” 2 Bart Olson & Krysti Barksdale-Noble “Downtown Planning and Development” 3 Krysti Barksdale-Noble “Comprehensive Plan Update” 15 Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, May 5, 2015 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. April 9, 2015 □ Approved ________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2015-15 Building Permit Report for March 2015 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2015-16 Building Inspection Report for March 2015 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2015-17 Property Maintenance Report for March 2015 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PC 2015-07 Fence Height for Corner Yards – Code Amendment □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PC 2015-06 Southwest Developments – Amendments to Annexation Agreements a. Aspen Ridge Estates b. Chally Farm c. Evergreen Farm Estates d. Silver Fox e. Yorkwood Estates □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Economic Development Committee – April 9, 2015 EDC – May 5, 2015 Majority Committee Approval Minute Taker Name Department Page 1 of 4 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Thursday, April 9, 2015, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Chairman Ken Koch Alderman Carlo Colosimo Alderman Joel Frieders Absent: Alderman Diane Teeling Other City Officials Mayor Gary Golinski City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Alderman Chris Funkhouser Code Official Pete Ratos Other Guests: Tony Scott, Kendall County Record Lynn Dubajic, YEDC Attorney John Phillipchuck Tim Greyer, Greyer Builders Brody Greyer Dave Fenton, Arizon Structures Michael Ganger, White Oaks Martin Francis, Architect, Image Innovations Justine Brummel, KBL Comm. Center Jason Brummel, KBL Comm. Center Bob Willman, KBL Comm. Center Eric Granrud, KBL Comm. Center Attorney Boyd Ingemunson The meeting was called to order by Chairman Ken Koch at 6:00pm. Citizen Comments None Previous Meeting Minutes March 3, 2015 The minutes were approved as read. New Business 1. EDC 2015-10 Building Permit Report for February 2015 Ms. Barksdale-Noble reported a slow beginning to this year in comparison to the last two years in this month. Some residential and miscellaneous permits are in process. Page 2 of 4 2. EDC 2015-11 Building Inspection Report for February 2015 Inspections are slightly down from last year, but fences are being built and some remodeling is being done, according to Mr. Ratos. 3. EDC 2015-12 Property Maintenance Report for February 2015 Two cases were heard and no citations were issued in February. A maintenance issue on Bridge St. was resolved within two days, but a case on Fox St. has had no progress yet. Mr. Ratos noted there has been no further complaints about the sawmill, however, there is a standing violation regarding the fence and if not addressed, more citations could be forthcoming. 4. PC 2015-05 KBL Community Center (f/k/a Silver Fox Subdivision) – Special Use Request Ms. Barksdale-Noble gave an overview and said the property was the former Silver Fox Subdivision consisting of 100 acres. An air-supported dome/community center would be built on about 24 acres and the petitioner would request a special use to the R2 zoning. The matter will be heard before the Zoning Board and Plan Commission in May. The petitioner, Justine Brummel, said the main purpose of the facility is to provide activities for special needs adults and children. She has a special needs child and said there is no adequate facility nearby. There would be opportunities for anyone with disabilities, allow them to be with peers and provide training to live independently. She said the facility could be rented by others groups as well. Alderman Koch said as a Park Board member, he heard similar requests, but the costs were too great. He said this facility would be good for the community. Alderman Frieders agreed this would be a great asset. The petitioner's attorney introduced others in attendance who are working on the project. A site plan was presented, easements for sewer and water will be provided for future development and a left turn lane will be constructed on Fox Road. Others involved in the project gave construction details for the dome, an acoustic report was given and lighting was discussed. An indoor track would be one of the features and Ms. Brummel noted that the schools do not have this amenity. The access road was questioned by Alderman Funkhouser. According to Attorney Phillipchuck, the road may be repositioned. He asked about water discharge from the facility, which will be piped to a ditch. In response to other questions the Alderman had, Mr. Phillipchuck said an existing tree will remain and the blowers will not be fenced for ease of snow removal. This item will move forward to Zoning Board of Appeals and Plan Commission in May. 5. PC 2015-13 Ordinance Approving a Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area – 226 S. Bridge St. Attorney Boyd Ingemunson presented illustrations showing the proposed plan for the business at 226 S. Bridge St. He said an attempt would be made to keep as much of the former law office as possible. They will use food service from nearby restaurants and apply for a Class A liquor license. He said the stage area would be on the west side of the building with an emergency exit behind the stage. Alderman Colosimo expressed concern that people might not be aware of this exit. Hours of operation, capacity, types of liquor to be served, parking during multiple downtown events and other details were discussed. Page 3 of 4 Mr. Olson discussed the details of the TIF agreement for this business. It was noted that there is no guarantee of payment if the increment is met. An extension of the TIF will be discussed. Mayor Golinski asked if the TIF could be used on the north side of the river if the original TIF is extended. Mr. Olson replied that a new one would have to be created and an extension requires State action. Alderman Funkhouser commented that the downtown district would be well-served on the north side and there are redevelopment opportunities there. By voice vote, the committee approved of this Agreement and it will move to the April 28th City Council meeting. 6. EDC 2015-14 B.U.I.L.D. Program At a roundtable discussion, Ms. Barksdale-Noble said builders expressed concern for the proposed June cessation of this program. The builders said this program has set Yorkville apart by maintaining construction during the recession. She said that the spec homes/model home incentives are not replacements for the B.U.I.L.D. Program. Since June is the beginning of the building season, the general consensus was to extend the program to the end of the year. Builder Tim Greyer and Lynn Dubajic, YEDC, were present in support of extending this program. Staff determined 100-200 permits per year are needed to encourage commercial development. Ms. Noble commented that only 18 building permits have been issued this year that are depending on the B.U.I.L.D. Program. Alderman Colosimo reiterated his position that the current taxpayers are left paying for the program. Ms. Dubajic replied that the new residents will eventually be “current taxpayers”. More rooftops encourage more commercial development, said Mayor Golinski, thus benefiting the established homeowners. He asked if there was a way to lower other fees rather than impacting the sewer/water funds. Alderman Koch also noted the need for $8 million to repair the streets in Countryside. It was noted the increase in water rates for Countryside improvements will be for 20 years. Administrator Olson said the real issue is to look at the program's impact on the number of homes built in the City. The builders at the earlier meeting said there would be a decrease in the number of homes sold if the program is discontinued. Ms. Dubajic said the program is a marketing tool and brings people to Yorkville. Alderman Funkhouser pointed out that Sandwich has not built a home in six years and they are looking at the Yorkville model. He said Pulte built out an entire unit, but would have shelved the project if there was no program. He suggested eliminating impact fees and increasing/spreading out user fees. Alderman Colosimo said if the City is confident in the program, the risk should fall on the General Fund since the money has already been received from residents. However, Mr. Olson said from a bond-rating perspective, it is always best to keep money in the General Fund. Alderman Frieders suggested a possible tiered rebate to the builder depending on the number of permits they obtain. He said it made sense to continue the program to December. Alderman Koch suggested raising other fees and lower water fees. Since the matter will not likely be settled before the budget is approved, Mr. Olson recommended making the budget amendment to assume conservative water revenue projections. He will lower the budget predictions prior to the next Council meeting. Ms. Barksdale-Noble said staff tried to develop some creative solutions and suggested asking banks with homes in foreclosure, to register with the City and pay a fee for the City's time for inspections. It Page 4 of 4 could extend to commercial properties as well, however, revenue from these sources would be limited. Mr. Koch asked if the builders had ideas during the meeting. They suggested expanding the tax base and have more people share the burden. Alderman Frieders said the City should extend the program to December, adjust the budget and address the $70,000 which would be transferred out of the General Fund for the program and keep the discussion on the table. Mayor Golinski said he would also like the program to continue through December. Mr. Colosimo will schedule a Ward meeting to obtain resident feedback. Old Business: None Additional Business: None There was no further business and the meeting was adjourned at 7:38pm. Minutes respectfully submitted by Marlys Young Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #1 Tracking Number EDC 2015-15 Building Permit Report for March 2015 EDC – May 5, 2015 N/A N/A N/A Informational None All permits issued in March 2015 D. Weinert Community Development Name Department Prepared by D Weinert UN I T E D C I T Y O F Y O R K V I L L E BU I L D I N G P E R M I T R E P O R T Ma r c h 2 0 1 5 Nu m b e r o f Pe r m i t s I s s u e d SF D Si n g l e F a m i l y Dw e l l i n g B. U . I . L . D . Si n g l e F a m i l y Dw e l l i n g SF A Si n g l e F a m i l y At t a c h e d Mu l t i - Fa m i l y Ap a r t m e n t s Co n d o m i n i u m s Co m m e r c i a l In c l u d e s a l l P e r m i t s Is s u e d f o r Co m m e r c i a l U s e In d u s t r i a l Mi s c . Construction Cost Permit Fees Ma r c h 2 0 1 5 41 0 1 0 0 0 8 0 2 3 2,294,256.00 183,805.07 Ca l e n d a r Y e a r 20 1 5 72 0 1 5 0 0 2 2 0 3 5 33,307,553.00 280,917.49 Fi s c a l P e r i o d 20 1 5 50 4 3 6 1 0 0 9 7 0 3 4 3 52,628,870.00 1,056,601.70 Ma r c h 2 0 1 4 35 3 9 0 0 3 0 2 0 2,080,318.00 155,265.57 Ca l e n d a r Y e a r 20 1 4 65 4 1 0 0 0 1 8 0 3 3 2,641,627.00 189,319.95 Fi s c a l P e r i o d 20 1 4 50 1 2 4 4 0 0 0 1 0 6 0 3 3 1 17,229,271.00 834,092.53 Ma r c h 2 0 1 3 34 1 4 0 0 1 1 0 1 8 895,139.00 71,407.86 Ca l e n d a r Y e a r 20 1 3 85 8 1 4 0 0 3 3 0 3 0 4,006,050.00 278,062.48 Fi s c a l P e r i o d 20 1 3 51 4 2 9 4 0 0 0 1 2 1 0 3 2 4 17,082,542.00 918,552.91 Ma r c h 2 0 1 2 49 9 4 0 0 6 0 3 0 3,137,669.00 154,391.29 Ca l e n d a r Y e a r 20 1 2 71 9 4 0 0 1 9 0 3 9 3,334,800.00 157,152.69 Fi s c a l P e r i o d 20 1 2 50 1 4 7 4 0 0 1 2 3 0 3 2 7 17,136,518.00 566,777.41 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #2 Tracking Number EDC 2015-16 Building Inspection Report for March 2015 EDC – May 5, 2015 N/A N/A N/A Informational None All inspections scheduled in March 2015 D. Weinert Community Development Name Department D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 T I M E : 1 1 : 0 3 : 2 3 C A L L S F O R I N S P E C T I O N R E P O R T I D : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 3 / 0 1 / 2 0 1 5 T O 0 3 / 3 1 / 2 0 1 5 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P R 1 3 : 0 0 0 0 2 - P L F P L U M B I N G - F I N A L O S R R E A D 2 0 1 3 0 3 1 8 6 0 8 B R I S T O L S T 0 3 / 2 7 / 2 0 1 5 B C _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 1 1 8 7 0 9 S T A T E S T 1 3 0 3 / 2 7 / 2 0 1 5 P R _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 14 0 2 3 0 3 0 9 9 L E H M A N C R O S S I N G 0 3 / 3 0/ 2 0 1 5 C o m m e n t s 1 : C E L L T O W E R A N T E N N A P R _ _ _ _ _ 0 0 1 - R F R R O U G H F R A M I N G 2 0 1 4 0 3 3 2 4 0 1 E M A I N S T 0 3 / 0 2 / 2 0 1 5 C o m m e n t s 1 : U S E L O N G E R B O L T S F O R H E A D E R T O P O S T C O N N C o m m e n t s 2 : E C T I O N . 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TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P R _ _ _ _ _ 0 0 8 - P L R P L U M B I N G - R O U G H 0 3 / 2 7 / 2 0 1 5 PR _ _ _ _ _ 0 0 9 - R M C R O U G H M E C H A N I C A L 0 3 / 2 7 / 2 0 1 5 PR _ _ _ _ _ 0 0 5 - R E L R O U G H E L E C T R I C A L 2 0 14 0 5 2 5 1 4 6 4 V I O L E T C T 3 6 7 0 3 / 1 0 / 2 0 1 5 PR _ _ _ _ _ 0 0 6 - R F R R O U G H F R A M I N G 0 3 / 1 0 / 2 0 1 5 PR _ _ _ _ _ 0 0 7 - R M C R O U G H M E C H A N I C A L 0 3 / 1 0 / 2 0 1 5 PR _ _ _ _ _ 0 0 8 - P L R P L U M B I N G - R O U G H 0 3 / 1 0 / 2 0 1 5 PR _ _ _ _ _ 0 0 9 - B S M B A S E M E N T F L O O R 0 3 / 1 3 / 2 0 1 5 PR _ _ _ _ _ 0 1 0 - I N S I N S U L A T I O N 0 3 / 1 3 / 2 0 1 5 PR _ _ _ _ _ 0 1 1 - G A R G A R A G E F L O O R 0 3 / 1 8 / 2 0 1 5 BC _ _ _ _ _ 0 1 2 - E P W E N G I N E E R I N G - P U B L I C W A L K 0 3 / 3 1 / 2 0 1 5 PR _ _ _ _ _ 0 1 2 - F I N F I N A L I N S P E C T I O N 2 0 14 0 5 2 7 1 4 6 5 V I O L E T C T 3 6 6 0 3 / 0 2 / 2 0 1 5 PR _ _ _ _ _ 0 1 3 - P L F P L U M B I N G - F I N A L O S R R E A D 0 3 / 0 2 / 2 0 1 5 TK _ _ _ _ _ 0 1 4 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 3 / 0 2 / 2 0 1 5 C o m m e n t s 1 : B B O X N O T K E Y A B L E , O S R I N S T A L L E D , N O T E M P C o m m e n t s 2 : U N T I L R E I N S P E C T . T K _ _ _ _ _ 0 1 5 - R E I R E I N S P E C T I O N 0 3 / 0 4 / 2 0 1 5 C o m m e n t s 1 : E N G I N E E R I N G T O K E Y B B O X , B B O X K E Y A B L E P R _ _ _ _ _ 0 0 6 - R F R R O U G H F R A M I N G 2 0 1 4 0 5 3 5 1 4 2 4 V I O L E T C T 3 7 1 0 3 / 0 2 / 2 0 1 5 P R _ _ _ _ _ 0 0 7 - R E L R O U G H E L E C T R I C A L 0 3 / 0 2 / 2 0 1 5 PR _ _ _ _ _ 0 0 8 - R M C R O U G H M E C H A N I C A L 0 3 / 0 2 / 2 0 1 5 PR _ _ _ _ _ 0 0 9 - P L R P L U M B I N G - R O U G H 0 3 / 0 2 / 2 0 1 5 PR _ _ _ _ _ 0 1 0 - I N S I N S U L A T I O N 0 3 / 0 4 / 2 0 1 5 BC _ _ _ _ _ 0 1 1 - G A R G A R A G E F L O O R 0 3 / 2 4 / 2 0 1 5 BC _ _ _ _ _ 0 1 1 - F I N F I N A L I N S P E C T I O N 2 0 14 0 5 3 7 1 4 3 4 V I O L E T C T 3 7 0 0 3 / 2 5 / 2 0 1 5 PR _ _ _ _ _ 0 1 2 - P L F P L U M B I N G - F I N A L O S R R E A D 0 3 / 2 6 / 2 0 1 5 TK _ _ _ _ _ 0 1 3 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 3 / 2 7 / 2 0 1 5 C o m m e n t s 1 : B B O X K E Y A B L E O S R I N S T A L L E D , O K T O T E M P D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 T I M E : 1 1 : 0 3 : 2 3 C A L L S F O R I N S P E C T I O N R E P O R T I D : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 3 / 0 1 / 2 0 1 5 T O 0 3 / 3 1 / 2 0 1 5 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P R _ _ _ _ _ 0 1 2 - G A R G A R A G E F L O O R 2 0 1 4 0 5 3 8 2 7 4 2 L I L A C C T 3 3 1 0 3 / 1 1 / 2 0 1 5 P R _ _ _ _ _ 0 1 3 - P L F P L U M B I N G - F I N A L O S R R E A D 0 3 / 2 3 / 2 0 1 5 B C _ _ _ _ _ 0 1 4 - F I N F I N A L I N S P E C T I O N 0 3 / 2 4 / 2 0 1 5 ED _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 3 / 2 4 / 2 0 1 5 C o m m e n t s 1 : B B O X K E Y A B L E , O S R I N S T A L L E D P R _ _ _ _ _ 0 1 2 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 5 8 4 1 2 W I N D E T T R I D G E R D 1 9 3 0 3 / 2 3 / 2 0 1 5 P R _ _ _ _ _ 0 1 3 - P L F P L U M B I N G - F I N A L O S R R E A D 0 3 / 2 3 / 2 0 1 5 T K _ _ _ _ _ 0 1 4 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 3 / 2 0 / 2 0 1 5 C o m m e n t s 1 : B B O X K E Y A B L E O S R I N S T A L L E D P R _ _ _ _ _ 0 1 5 - G A R G A R A G E F L O O R 2 0 1 4 0 5 6 1 1 4 6 7 S L A T E C T 3 4 2 0 3 / 1 1 / 2 0 1 5 B C _ _ _ _ _ A M 0 0 3 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 7 1 8 0 7 G R E E N F I E L D T U R N 5 3 0 3 / 2 0 / 2 0 1 5 B C 1 1 : 3 0 0 1 0 - F T G F O O T I N G 2 0 14 0 5 7 3 2 8 0 0 N B R I D G E S T 0 3 / 2 0 / 2 0 1 5 B C 1 1 : 3 0 0 1 1 - F T G F O O T I N G 0 3 / 2 3/ 2 0 1 5 C o m m e n t s 1 : C A N C E L L E D B C 1 1 : 3 0 0 1 2 - F T G F O O T I N G 0 3 / 2 4/ 2 0 1 5 C o m m e n t s 1 : C A N C E L L E D P R 1 1 : 3 0 0 1 3 - F T G F O O T I N G 0 3 / 2 5 / 2 0 1 5 PR 1 1 : 3 0 0 1 4 - F T G F O O T I N G 0 3 / 2 6/ 2 0 1 5 C o m m e n t s 1 : C A N C E L L E D P R 1 1 : 3 0 0 1 5 - F T G F O O T I N G 0 3 / 2 7 / 2 0 1 5 BC _ _ _ _ _ 0 1 6 - R F R R O U G H F R A M I N G 0 3 / 2 7 / 2 0 1 5 C o m m e n t s 1 : D E C K B C _ _ _ _ _ 0 1 7 - R F R R O U G H F R A M I N G 0 3 / 3 0 / 2 0 1 5 C o m m e n t s 1 : D E C K B C _ _ _ _ _ 0 1 8 - R F R R O U G H F R A M I N G 0 3 / 3 1 / 2 0 1 5 C o m m e n t s 1 : D E C K M A R T I N C E M E N T 8 1 5 - 8 8 6 - 0 4 0 0 B C _ _ _ _ _ 0 1 9 - R F R R O U G H F R A M I N G 0 3 / 3 1 / 2 0 1 5 C o m m e n t s 1 : D E C K P R _ _ _ _ _ 0 0 5 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 7 6 8 7 4 H A L E Y C T 1 0 8 0 3 / 0 9 / 2 0 1 5 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 T I M E : 1 1 : 0 3 : 2 3 C A L L S F O R I N S P E C T I O N R E P O R T I D : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 3 / 0 1 / 2 0 1 5 T O 0 3 / 3 1 / 2 0 1 5 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P R _ _ _ _ _ P M 0 0 3 - R E L R O U G H E L E C T R I C A L 2 0 14 0 5 7 8 1 3 1 3 S P R I N G S T 1 6 5 0 3 / 1 2 / 2 0 1 5 P R _ _ _ _ _ 0 0 4 - R F R R O U G H F R A M I N G 0 3 / 1 2 / 2 0 1 5 PR _ _ _ _ _ 0 0 5 - R M C R O U G H M E C H A N I C A L 0 3 / 1 2 / 2 0 1 5 PR _ _ _ _ _ 0 0 6 - P L R P L U M B I N G - R O U G H 0 3 / 1 2 / 2 0 1 5 PR _ _ _ _ _ 0 0 7 - I N S I N S U L A T I O N 0 3 / 1 3 / 2 0 1 5 PR _ _ _ _ _ P M 0 0 8 - P L U P L U M B I N G - U N D E R S L A B 0 3 / 2 3 / 2 0 1 5 BC _ _ _ _ _ P M 0 0 9 - B S M B A S E M E N T F L O O R 0 3 / 2 4 / 2 0 1 5 BC _ _ _ _ _ 0 1 0 - G A R G A R A G E F L O O R 0 3 / 2 5 / 2 0 1 5 BC _ _ _ _ _ 0 1 1 - S T P S T O O P 0 3 / 2 5 / 2 0 1 5 BC _ _ _ _ _ 0 1 2 - E P W E N G I N E E R I N G - P U B L I C W A L K 0 3 / 3 1 / 2 0 1 5 PR _ _ _ _ _ 0 0 1 - R E L R O U G H E L E C T R I C A L 2 0 14 0 5 8 0 1 4 1 9 C A N N O N B A L L T R 0 3 / 1 7 / 2 0 1 5 PR _ _ _ _ _ A M 0 0 4 - P L F P L U M B I N G - F I N A L O S R R E A D 2 0 14 0 5 8 1 1 0 8 E S O M O N A U K S T 0 3 / 2 3 / 2 0 1 5 PR _ _ _ _ _ A M 0 0 5 - F I N F I N A L I N S P E C T I O N 0 3 / 2 3 / 2 0 1 5 PR _ _ _ _ _ 0 0 4 - G A R G A R A G E F L O O R 2 0 14 0 5 8 3 1 4 5 5 V I O L E T C T 3 6 5 0 3 / 1 8 / 2 0 1 5 PR _ _ _ _ _ 0 0 5 - R F R R O U G H F R A M I N G 0 3 / 1 9 / 2 0 1 5 PR _ _ _ _ _ 0 0 6 - R E L R O U G H E L E C T R I C A L 0 3 / 1 9 / 2 0 1 5 PR _ _ _ _ _ 0 0 7 - P L R P L U M B I N G - R O U G H 0 3 / 1 9 / 2 0 1 5 PR _ _ _ _ _ 0 0 8 - R M C R O U G H M E C H A N I C A L 0 3 / 1 9 / 2 0 1 5 BC _ _ _ _ _ 0 0 9 - B S M B A S E M E N T F L O O R 0 3 / 2 4 / 2 0 1 5 BC _ _ _ _ _ 0 1 0 - I N S I N S U L A T I O N 0 3 / 2 4 / 2 0 1 5 PR _ _ _ _ _ 0 0 4 - E S S E N G I N E E R I N G - S T O R M 2 0 1 4 0 5 9 1 1 4 2 5 V I O L E T C T 3 6 2 0 3 / 1 2 / 2 0 1 5 BC _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 3 / 2 7 / 2 0 1 5 PR _ _ _ _ _ 0 0 4 - E S S E N G I N E E R I N G - S T O R M 2 0 1 4 0 5 9 2 1 4 5 2 R U B Y D R 3 5 6 0 3 / 1 2 / 2 0 1 5 BC _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 3 / 2 6 / 2 0 1 5 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 T I M E : 1 1 : 0 3 : 2 3 C A L L S F O R I N S P E C T I O N R E P O R T I D : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 3 / 0 1 / 2 0 1 5 T O 0 3 / 3 1 / 2 0 1 5 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B C _ _ _ _ _ 0 0 6 - B S M B A S E M E N T F L O O R 0 3 / 2 7 / 2 0 1 5 PR _ _ _ _ _ P M 0 0 4 - B K F B A C K F I L L 2 0 15 0 0 0 2 6 4 2 O M A H A D R 5 5 0 3 / 0 9 / 2 0 1 5 PR _ _ _ _ _ P M 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 2 0 15 0 0 0 5 6 5 1 W I N D E T T R I D G E R D 7 9 0 3 / 0 3 / 2 0 1 5 PR _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 0 3 / 1 8 / 2 0 1 5 BC _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 3 / 2 6 / 2 0 1 5 PR _ _ _ _ _ A M 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 0 1 7 3 8 7 7 B A I L E Y R D 0 3 / 1 3 / 2 0 1 5 BC _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 15 0 0 2 2 7 1 2 G R E E N F I E L D T U R N 1 0 0 0 3 / 2 3 / 2 0 1 5 PR _ _ _ _ _ P M 0 0 1 - R E L R O U G H E L E C T R I C A L 2 0 15 0 0 2 5 2 0 2 N A D E N C T 6 4 0 3 / 3 1 / 2 0 1 5 PR _ _ _ _ _ 0 0 2 - R F R R O U G H F R A M I N G 0 3 / 3 1 / 2 0 1 5 PR _ _ _ _ _ 0 0 3 - P L R P L U M B I N G - R O U G H 0 3 / 3 1 / 2 0 1 5 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 0 3 3 1 1 5 3 T A U S C I R 1 1 0 0 3 / 1 8 / 2 0 1 5 PR _ _ _ _ _ 0 0 2 - E S W E N G I N E E R I N G - S E W E R / W A T 0 3 / 1 6 / 2 0 1 5 PR _ _ _ _ _ 0 0 1 - E S W E N G I N E E R I N G - S E W E R / W A T 2 0 1 5 0 0 3 9 8 7 1 G R E E N F I E L D T U R N 4 2 0 3 / 2 0 / 2 0 1 5 BC _ _ _ _ _ 0 0 2 - F T G F O O T I N G 0 3 / 2 3 / 2 0 1 5 PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 15 0 0 4 0 1 0 9 2 - 1 0 8 6 C A N A R Y A V E 0 3 / 1 7 / 2 0 1 5 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 15 0 0 4 2 2 3 8 6 A U T U M N C R E E K B L V D 2 6 1 0 3 / 2 5 / 2 0 1 5 PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 15 0 0 4 4 4 6 1 O M A H A D R 1 0 3 / 1 6 / 2 0 1 5 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 15 0 0 5 1 2 8 2 6 C R A N S T O N C I R 9 7 0 3 / 2 4 / 2 0 1 5 BC _ _ _ _ _ A M 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 15 0 0 6 0 1 0 1 6 I N D E P E N D E N C E B L V D 5 0 3 / 2 7 / 2 0 1 5 BC _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 0 3 / 3 1 / 2 0 1 5 PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 15 0 0 6 1 1 2 7 1 D E E R P A T H D R 2 0 9 0 3 / 2 0 / 2 0 1 5 BC _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 15 0 0 7 9 1 0 2 A P P L E T R E E C T 0 3 / 3 0 / 2 0 1 5 C o m m e n t s 1 : R O O F , U N A B L E T O I N S P E C T I C E A N D W A T E R S H C o m m e n t s 2 : I E L D . P E R M I T I S S U E D A F T E R W O R K C O M P L E T E D C o m m e n t s 3 : . D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 T I M E : 1 1 : 0 3 : 2 3 C A L L S F O R I N S P E C T I O N R E P O R T I D : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 3 / 0 1 / 2 0 1 5 T O 0 3 / 3 1 / 2 0 1 5 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P E R M I T T Y P E S U M M A R Y : A N T A N T E N N A / T O W E R 1 BI P B U I L D I N C E N T I V E P R O G R A M S F D 7 4 BS M B A S E M E N T R E M O D E L 2 CO M C O M M E R C I A L B U I L D I N G 1 0 CR M C O M M E R C I A L R E M O D E L 1 DC K D E C K 1 EL E E L E C T R I C A L U P G R A D E 1 FN C F E N C E 7 MI S M I S C E L L A N E O U S 1 PL G P L U M B I N G 1 RE M R E M O D E L 6 RO F R O O F I N G 1 SF D S I N G L E - F A M I L Y D E T A C H E D 4 I N S P E C T I O N S U M M A R Y : B K F B A C K F I L L 1 BS M B A S E M E N T F L O O R 6 EF L E N G I N E E R I N G - F I N A L I N S P E C T I O N 7 EP W E N G I N E E R I N G - P U B L I C W A L K 3 ES S E N G I N E E R I N G - S T O R M 2 ES W E N G I N E E R I N G - S E W E R / W A T E R 3 FI N F I N A L I N S P E C T I O N 1 7 FT G F O O T I N G 9 GA R G A R A G E F L O O R 1 0 IN S I N S U L A T I O N 4 PH F P O S T H O L E - F E N C E 5 PL F P L U M B I N G - F I N A L O S R R E A D Y 9 PL R P L U M B I N G - R O U G H 6 PL U P L U M B I N G - U N D E R S L A B 2 RE I R E I N S P E C T I O N 2 RE L R O U G H E L E C T R I C A L 7 RF R R O U G H F R A M I N G 1 1 RM C R O U G H M E C H A N I C A L 5 ST P S T O O P 1 I N S P E C T O R S U M M A R Y : B C B O B C R E A D E U R 3 3 ED E R I C D H U S E 1 KL K E V I N L A W R E N T Z 1 PR P E T E R R A T O S 6 8 PW K P U B L I C W O R K S 1 TK T O M K O N E N 6 S T A T U S S U M M A R Y : C B C 3 C P R 7 I B C 2 7 I P R 4 7 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 D A T E : 0 4 / 0 8 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 T I M E : 1 1 : 0 3 : 2 3 C A L L S F O R I N S P E C T I O N R E P O R T I D : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 3 / 0 1 / 2 0 1 5 T O 0 3 / 3 1 / 2 0 1 5 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T B C 3 T E D 1 T K L 1 T P R 1 4 T P W K 1 T T K 6 R E P O R T S U M M A R Y : 1 1 0 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #3 Tracking Number EDC 2015-17 Property Maintenance Report for March 2015 EDC – May 5, 2015 Informational None Pete Ratos Community Development Name Department Property Maintenance Report March 2015 Adjudication: 0 Cases heard in March March Formal Complaints 5 Formal complaints received in March 2015-03-001 42 W Countryside Debris Notice of Violation 2015-03-002 902 Canyon Tr Trailer Notice of Violation 2015-03-003 Prairie Meadows News Paper No Violation 2015-03-004 307 Fairhaven Car on lawn Notice of Violation 2015-03-005 East end Prairie Pointe Debris Public Works Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering Date: April 8, 2015 Subject: March Property Maintenance Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #4 Tracking Number PC 2015-07 Corner Side Yard Fence Heights – Text Amendment EDC – May 5, 2015 Majority Vote Text amendment to the Zoning Ordinance to revise the corner side yard fence heights in the Residential and Business Districts. Chris Heinen Community Development Name Department Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at a maximum 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 4 Feet 5 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use Background: As the EDC will recall, the Zoning Ordinance was adopted on November 25, 2014 and placed into effect on January 1, 2015. Since that time, staff has received several fence permit applications for corner lots from residential property owners as well as business property owners. The current section of the zoning ordinance indicates that a corner side yard may allow a maximum of 3 feet in height or 4 feet if at a maximum 50% opacity for residential and business districts. Suggested Text Amendments: The following is the proposed text amendment revising the allowable fence height in the Residential and Business Districts: Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 4 Feet 5 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use Memorandum To: Economic Development Committee From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: April 28, 2015 Subject: PC 2015-07 Fence Height for Corner Yards (Text Amendment) Staff Recommendation Summary: Staff has reviewed the text amendment and would support the change in height. The previous zoning ordinance allowed a maximum of 6 feet in height for all yards on residential and business lots. The additional foot increase would not impact the overall site distance requirements from intersections. Staff recommends the following text amendment: 1. Chapter 17: Fencing and Screening in the Zoning Ordinance to revise Table 10.17.01, Residential District Fence Heights and Table 10.17.02, Business District Fence Heights in corner side yards from a maximum height of 3 feet to 4 feet and a maximum height of 4 feet to 5, if the fence is not more than 50% opaque. Staff will be available to answer any questions the Economic Development Committee may have regarding the text amendment. The Plan Commission will hold a public hearing on May 13, 2015 to discuss the text amendment and make a recommendation to City Council. Attachments: 1. Current Chapter 17 of the United City of Yorkville’s Municipal Zoning Ordinance. 2. Copy of Public Notice. CHAPTER 17 Fencing and Screening 10-17-1: Purpose The intent of this chapter is to set guidelines for constructing fences and screening on properties to conceal buildings, structures and undesirable views. The following regulations are made so the city can promote the health, safety, and general welfare of the public. 10-17-2: Fencing Standards A. Regulations for All Zoning Districts 1. Fences of more than 36 inches in height require a building permit. 2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. 3. No more than two different types of fencing material are permitted per fence. B. Placement 1. Fences may be built up to the property line, but shall not extend beyond the front plane of the primary structure facade in residential and business districts, and must be located entirely on the property of the owner constructing it. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails, access or where otherwise limited by an easement document. 2. The property owner is responsible for locating property lines, prior to the installation of the fence. 3. Fences, walls or hedges shall not encroach on any public right-of-way. 4. It shall be the responsibility of the property owner to insure that a fence does not block or obstruct the flow of storm water. 5. No solid fence, wall, hedge or shrubbery which exceeds 3 feet above the street grade shall be permitted within the sight distance triangle formed at the intersection of any two 2 street right-of-way lines. 6. The intersection of any street right-of-way lines with any service entrance drive (both sides of such drive), by a line drawn between such right-of-way lines, and/or such right-of-way line and service entrance drive line, at a distance along such line of 25 feet from the point of intersection thereof. C. Maintenance 1. It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the fence in good repair at all times. 2. Missing boards, pickets or posts shall be replaced with material of the same type and quality. 3. Fences shall be maintained in an upright condition. D. Prohibited Fences 1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited. 2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. 3. No Fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items. [ United City of Yorkville Zoning Ordinance ] [ 122 ] Chapter 17: Fencing and Screening E. Regulations for Residential Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.01. 2. Materials The following materials are acceptable for any residential district fence: • Stone • Brick • Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) • Cast or Wrought Iron • Plastic • Aluminum • Composite Wood and Plastic • Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. F. Regulations for Business Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.02. Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 3 Feet 4 Feet if at least 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use 2. Materials The following materials are acceptable for any business district fence: • Stone • Brick • Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) • Cast or Wrought Iron • Plastic • Aluminum • Composite Wood and Plastic • Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at a maximum 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 3 Feet 4 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use [ United City of Yorkville Zoning Ordinance ] [ 123 ] Chapter 17: Fencing and Screening G. Regulations for Industrial Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.03. Table 10.17.03 Manufacturing District Fence Heights Yard Maximum Height Front Yard 8 Feet Interior Side Yard 8 Feet Corner Side Yard 8 Feet Rear Yard 8 Feet 2. Materials The following materials are acceptable for any industrial district fence: • Stone • Brick • Finished Wood • Cast or Wrought Iron • Plastic • Aluminum • Composite Wood and Plastic • Chain Link • Barbed Wire (starting at a minimum elevation of 6’ above grade) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. H. Regulations for Public Uses and Utilities 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.04. Table 10.17.04 Utility Fence Heights Yard Maximum Height Front Yard 8 Feet Interior Side Yard 8 Feet Corner Side Yard 8 Feet Rear Yard 8 Feet 2. Materials The following materials are acceptable for any utility fence: • Stone • Brick • Finished Wood • Cast or Wrought Iron • Plastic • Aluminum • Composite Wood and Plastic • Chain Link • Barbed Wire (starting at a minimum elevation of 6’ above grade) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. [ United City of Yorkville Zoning Ordinance ] [ 124 ] Chapter 17: Fencing and Screening 10-17-3: Screening Service yards, loading docks, large refuse containers and other like places that tend to be unsightly shall be screened from view. Screening shall be equally effective at all times of the year. A. Large Refuse Containers Commercial trash dumpsters and other large waste receptacles or equipment shall be screened on three sides with a solid opaque material wall at least six feet (6’) in height or to the extent where the wall screens the dumpster from view. The material must match the building and have an opaque single or double access gate on the fourth side. A detail of the enclosure is required on the plan. Landscaping is preferred to be put around the perimeter of the three solid walls. Industrial uses do not have to create an enclosure as long as the container cannot be seen from the public view. B. Utilities All utility equipment (meters, transformers, etc.) shall be screened with appropriate plantings if located on the ground or false walls or parapets if located on the roof. False walls or parapets are not required for buildings located in a manufacturing district. The Community Development Director shall decide the acceptable amount of screening during the plan review process. C. Loading Areas When located across a street from residential zoned property, all garage doors and loading areas on non- residential property shall be concealed from view from adjoining residential zoned property with a combination of landscaping and/or hardscape screening such as solid gates or walls. [ United City of Yorkville Zoning Ordinance ] [ 125 ] Chapter 17: Fencing and Screening 10-17-4: Fencing Material Examples Table 10.17.05 Fencing Material Examples Na t u r a l Ro t Re s i s t a n t Woo d Ir o n Pl a s t i c / V i n y l Vi n y l Co a t e d Ch a i n L i n k [ United City of Yorkville Zoning Ordinance ] [ 126 ] PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2015-07 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 17: Fencing and Screening in the Zoning Ordinance to revise Table 10.17.01, Residential District Fence Heights and Table 10.17.02, Business District Fence Heights in corner side yards from a maximum height of 3 feet to 4 feet and a maximum height of 4 feet to 5, if the fence is not more than 50% opaque. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, May 13, 2015 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #5 Tracking Number PC 2015-06 Southwest Infrastructure Developments – Amended Annexation Agreements EDC/May 5, 2015 Majority Vote Request for Amended Annexation Agreements for: Aspen Ridge Estates, Chally Farm, Evergren Farms Estates, Silver Fox and Yorkwood Estates Developments. Krysti J. Barksdale-Noble, AICP Community Development Name Department Background: The petitioners, DJJRB Family Land Trust (Aspen Ridge), Gerald Brummel (Chally Farm), Castle Bank Trust #2845 (Evergreen Farms), Justine Brummel (Silver Fox) and BBG Kendall LLC (Yorkwood Estates), are all successor owners who have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the original annexation agreements for their respective properties to repeal any and all cross contingencies and obligations which are now valid against developable area. The properties, commonly referred to as the Southwest Infrastructure Developments are located along Fox Road, as illustrated in the map below. Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: April 1, 2015 Subject: PC 2015-06 Southwest Infrastructure Developments – Amended Annexation Agreements for Aspen Ridge Estates, Chally Farm Estates, Evergreen Farm Estates, Yorkwood Estates and Silver Fox Developments The Southwest Infrastructure Developments were all annexed pursuant to annexation agreements approved on August 8, 2006 (see attached) to the City of Yorkville and were zoned primarily R-2 Single Family Residence District. Chally Farm was the only development which also had a portion of its property zoned for a business use. As part of the original annexation agreements, a Special Service Area (SSA) was to be established as the primary funding mechanism to extend needed City water and sewer utilities to these developments (and any other benefiting parties) which was to be paid through revenue bonds issued by the City. Repayment of the bonds was to be made from real estate taxes assessed on each dwelling unit within the respective developments. Although, due to the economic downturn, none of the five (5) properties ever developed as planned and the City never completed the process for establishing the Special Service Area against the properties, the development obligations and cross contingencies still run with land and any future owner would be constrained to the current approvals. SUMMARY OF DEVELOPMENT ENTITLEMENTS: Below is a summary of the five (5) developments approved as part of the original annexation agreements. Aspen Ridge Estates This 126-acre development, located at the southwest corner of Fox Road and Pavillion Road, was approved for 217 single family residential units via Ord. 2006-75. The original developer, Aspen Ridge Estates LLC, obtained R-2 Single Family Residence zoning as well as Final Plat approval in 2006 (Res. 2006-93). The original annexation agreement also permitted incremental development of the property in three (3) phases and required the public improvements for phase 1 to be completed within 4 years of the date the Final Plat was approved. Construction of the development never commenced and the property was recently sold to the current petitioner, DJJRB Family Land Trust. Chally Farm Estates Chally Farm Estates development is located at the west corner of IL Route 71 and Pavillion Road and stretches westward to and around Pavilion Heights, a county residential subdivision. With a total of approximately 154 acres, the original developer, Wyndham Deerpoint, planned the Chally Farm Estates to have 224 single family residential dwellings via Ord. 2006-78. A portion of the development located along IL Route 71 was also zoned for commercial development. While the property did receive Preliminary Plan approval in 2006 (Res. 2006-44), Final Plat approval was never granted for the development. The property was recently purchased by the current petitioner, Gerald Brummel. Evergreen Farm Estates The Evergreen Farms Estates development was originally planned for 77 single family residential dwelling units on approximately 46.5 acres of land via Ord. 2006-72. The overall development spanned across both the northeast and southeast corners of Fox Road and Pavillion Road. The northern parcel has an area of approximately 20.5 acres and the southern parcel totals approximately 26 acres. The original developer, Tanglewood Development Corporation, was granted concept plan approval but never received Preliminary or Final Plat approval. The property was placed on the market for sale and was purchased by Brandon Road Properties, LLC in 2012 who was unsuccessful in obtaining Special Use authorization to fill and grade portions of the Evergreen Farm Estates property with clean soil from IDOT’s IL Route 47 roadway project. The property was subsequently resold to the current petitioner, Castle Bank Trust #2845. Silver Fox The Silver Fox subdivision was approved in 2006 as a 172-unit single-family residential development zoned R-2 via Ord. 2006-69. The original developer, Midwest Development LLC, secured Concept Plan approval only for the approximately 102 acre property but was never granted Preliminary or Final Plat approval. The land remained undeveloped and no new proposals were proposed for the site until the current owner, Justine Brummel, purchased the property. A proposed new community center will be before the Plan Commission for Special Use authorization and the Zoning Board of Appeals for height variance in May. The KBL Community Center will have an air-supported dome structure for indoor athletic recreation and be located on approximately 22- acres in the northeast corner of the original development. Yorkwood Estates Yorkwood Estates was planned and approved as a 185-unit single family residential development via Ord. 2006-81. Located south of IL Route 71 between Highpoint Road and Pavillion Road, the Yorkwood Estates property is approximately 178 acres. The original developer, JW & WD Development, LLC, secured planned unit development approval for the subdivision as well as Preliminary Plan approval in 2007 (Res. 2007-18). However, the property remained undeveloped and was eventually foreclosed upon by Bridgeview Bank which had actively marketed the property for re-sale. At one time, the Kendall County Forest Preserve had expressed interest in purchasing the land for future dedicated open space; however the cross contingencies related to the Special Service Area precluded the sale from moving forward. The petitioner, BBG Kendall LLC, is seeking to clear the development obligations and SSA so that the property is marketable again. PETITIONER’S REQUESTS: All five (5) petitioners are requesting amended annexation agreements that will in effect release any current or future successor owner of the property from fulfilling the approved development plans for the various subdivisions, as well as relief from future obligation of the Special Service Area with the following provisions: 1. The original annexation agreement shall be repealed in its entirety. 2. Each development will retain its R-2 Single Family Residential zoning classification, with the exception of the Chally Farms Subdivision which will retain its R-2 and B-3 General Business District zoning designation. 3. Should any of the subject properties pursue future redevelopment, the successor owner will be required to file any necessary petitions (applications) and agreements to request annexation into the Yorkville Bristol Sanitary District (YBSD) to extend and connect to the sanitary sewer lines. 4. Should any of the subject properties pursue future redevelopment the successor owner, at their sole cost and expense, shall be obligated to construct all on-site sanitary sewer collection lines and all on-site water mains in accordance with City Code. a. If it is determined that an on-site well, on-site water treatment facility, on-site water tower or off-site sewer improvements are required for the subject development, all such improvements will be considered off-site improvements to be performed by the City at the cost of the successor owner. 5. Upon the completion of such public sewer and water improvements on the subject developments by a successor owner, said improvements shall be dedicated to the City in accordance with the City Code. 6. Any successor owner, upon development of the subject property, will be obligated to construct all storm sewers, detention basins/systems, and compensatory storage facilities as required and approved by the City. 7. All storm sewer improvements on said subject developments shall be owned and maintained by the successor owners and a maintenance easement(s) shall be dedicated to the City. 8. The original annexation agreement cross contingencies and obligations related to the Special Service Area (SSA) will be repealed and deemed to be null and void. 9. All required security instruments (letters of credit or surety bonds) to guarantee completion and maintenance of improvements shall be provided by the successor owner as required by applicable ordinances of the City at the time of development of said properties. BENEFIT TO CITY AND PROPERTY OWNERS: As briefly touched upon previously in this memorandum regarding the Yorkwood Estates Subdivision, the potential resale and redevelopment of these properties with the current terms and obligations in the original annexation agreement is nearly impossible. Even if one of the owners were not willing to participate in this annexation agreement amendment request, the City would not be able to move forward with separate proposed new developments of the other properties due to the cross contingency of the Special Service Area. That situation could possibly leave these five (5) developments totaling over 600-acres undevelopable until 2026, the expiration date of the 20-year term for the original annexation agreements. Therefore, staff believes it is in the best interest of the City to repeal the annexation agreements for the Southwest Infrastructure Developments leaving intact their underlining zoning and removing Special Service Area (binding to the City as well as the developer) to allow each property to develop to its highest and best use. The property owners also benefit by having a “clean slate” by which to market and position the property for future development without the time and expense for any successor developer to first seek annexation agreement amendment and then obtain development approval for a proposed new use or land plan. STAFF RECOMMENDATION: Staff recommends approval of the proposed annexation agreement amendments, as prepared by the City Attorney, for each of the five (5) properties within the Southwest Infrastructure Developments: Aspen Ridge Estates, Chally Farm Estates, Evergreen Farm Estates, Silver Fox and Yorkwood Estates. City staff and the petitioners or their designated representatives will be available to answer any question the Economic Development Committee may have at Tuesday night’s meeting. Attachments: 1. Copy of Petitioner’s Application w/exhibits. a. Aspen Ridge Estates b. Chally Farm Estates c. Evergreen Farm Estates d. Silver Fox e. Yorkwood Estates 2. Proposed Draft Amended Annexation Agreements. a. Aspen Ridge Estates b. Chally Farm Estates c. Evergreen Farm Estates d. Silver Fox e. Yorkwood Estates 3. Copy of Public Notices. 1 FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND DJJRB FAMILY LAND TRUST This First Amendment to an Annexation Agreement dated August 8, 2006 (the “Original Agreement”) by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (the “City”), and Aspen Ridge Estates, LLC (the “Original Owner”) is made and entered into this ____ day of _________________, 2015, by and between the City and DJJRB Family Land Trust (“Successor Owner”). WHEREAS, the City and the Original Owner entered into the Original Agreement which provided, among other things, for the annexation into the City and the development of approximately 126 acres (the “Subject Property”) in accordance with an R-2 Single Family Residence District to be known as “Aspen Ridge”; and, WHEREAS, the Original Agreement acknowledged receipt of a Preliminary Plat, a Preliminary Engineering Plan and a Landscape Plan, all of which pertained to the Subject Property; provided for the establishment of a Special Service Area as the primary funding mechanism for the installation of the necessary public improvements; and obligated the City to issue “Special Revenue Bonds” payable from special taxes levied on several service areas, contingent upon the annexation of four (4) additional developments (all five collectively defined therein as the “Southwest Infrastructure Developments”); and, the execution of a recapture agreement providing for the recapture by the Developer of a portion of the cost of certain improvements constructed by the Developer which benefit property other than the Subject Property; and, WHEREAS, the Subject Property was never developed, nor any other area included in any one of the Southwest Infrastructure Developments and all of the parties in interest, or their 2 successors in interest, now desire to unwind any and all of the cross contingencies and obligations of the Southwest Infrastructure Developments; and, WHEREAS, the City desires to amend each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments. NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements and conditions herein set forth, the City and the Successor Owner agree as follows: Section 1. The Original Agreement is hereby repealed in its entirety and replaced with this First Amendment. Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family residence Zoning District in accordance with the United City of Yorkville Zoning Ordinance and the Successor Owner of the Subject Property shall have the right to develop the Subject Property pursuant to said Zoning Ordinance, the City’s Subdivision Ordinance and all other ordinances applicable to R-2 Single Family Residence development, as in effect at the time of the development of the Subject Property. Section 3. Annexation to Sanitary District. On or before the development of the Subject Property, the Successor Owner hereby agrees to file any necessary petitions and agreements to request annexation thereof to 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 Successor 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, in order to 3 permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the Subject Property. Portions of the Subject Property are presently being used for agricultural purposes and, notwithstanding any provision of the City Code now in effect or adopted during the Term (as hereinafter defined) of this First Amendment, and notwithstanding the City’s zoning of the Subject Property, the current uses shall be permitted to continue as a legal non-conforming use. Section 4. Sanitary Sewer and Water Improvements. A. Successor Owner’s Obligation. At its sole cost and expense, upon development of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary sewer collection lines and all other on-site improvements as approved by the City for the collection of sanitary sewage generated by the Subject Property (the “Sewer Improvements”) and all on-site water mains, distribution lines, and other improvements as approved by the City for the provision of potable water to the Subject Property (the “Water Improvements”), in accordance with the City Code. Notwithstanding the foregoing, the City has identified the potential need for a well and water treatment facility to be located on the Subject Property. Should the City determine that such a well and water treatment facility or a water tower is required, such improvements shall be considered an off-site improvement to be performed by the City at the cost of the Successor Owner. In the event the City determines a need for off-site Sewer Improvements, such off-site Sewer Improvements shall be performed by the City at the cost of the Successor Owner. B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the Successor Owner shall dedicate to the City those 4 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”). Section 5. Storm Water Improvements. A. Successor Owner’s Obligation. Upon development of the Subject Property at its own cost, the Successor Owner shall be obligated to construct all storm sewers, detention systems, and compensatory storage facilities as approved by the City for storm water drainage from the Subject Property (“Storm Water Improvements”) in accordance with the City Code. B. Dedication. Upon completion of construction, all Storm Water Improvements shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a maintenance easement or easements to the City allowing the City to maintain the Storm Water Improvements. Section 6. Repeal of all Cross Contingencies and Cross Obligations of the Southwest Infrastructure Developments. The Successor Owner and City agree that the enforceability of this First Amendment is contingent upon the approval, execution and recordation of amendments to the original annexation agreements for each of the other members of the Southwest Infrastructure Developments, namely: Chally Farm, Silver Fox, Yorkwood Estates and Evergreen Farm. Upon approval, execution and recordation of this First Amendment and amendments to all of the annexation agreements for each of the Southwest Infrastructure Developments, the Original Agreement shall be repealed and deemed to be null and void. Section 7. Security Instruments. As required by City Code, the Owner Successor shall deposit, or cause to be deposited with the City such letters of credit or surety bonds (“Security Instruments”) on the standard forms of the City, to guarantee completion and maintenance of improvements (as defined in the City’s Subdivision Control Ordinance) to be constructed as a 5 part of the development of the Subject Property. The Successor Owner may use either irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City ordinance. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time of development of the Subject Property. Section 8. City Ordinances. The Successor Owner agrees that the future development of the Subject Property shall be in accordance with the requirements of all applicable city ordinances as in effect as of the date all required development approvals are issued by the City, including but not limited to the following: (a) Procedures for acceptance of public improvements constructed as a part of the development of all or a portion of the Subject Property; (b) Signage; (c) Appearance code; (d) Permits; (e) Fees, charges and contributions; (f) School and park contributions with land or cash in lieu of land; and, (g) Building codes. Section 9. Remedies. Without limiting any of the remedies otherwise available at law or in equity to the Successor Owner or the City as a result of the breach of this First Amendment, the parties agree as follows: A. This First Amendment shall be enforceable in any court of competent jurisdiction in the State of Illinois by the parties and their successors and assigns. Enforcement may be 6 sought by an appropriate action at law or in equity to secure performance of the covenants, agreements, conditions and obligations contained herein, including specific performance of this First Amendment. This First Amendment shall be governed by the laws of the State of Illinois. B. No action taken by any party pursuant to the provisions of this or any other section of this First Amendment shall constitute an election of remedies, and all remedies set forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. C. Unless otherwise expressly provided herein, in the event of a material breach of this First Amendment, the parties agree that the defaulting party 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. 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. D. 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 weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or inability to secure any necessary governmental permit or license; or/and any similar cause), the time for such performance shall be extended by the amount of time of such delay. E. 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 7 right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. Section 10. Partial Invalidity of Agreement. This First Amendment is entered into pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS 5/11-15.1-1 et seq.). If any provision of this First Amendment or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Amendment and, to that end, any terms, conditions and provisions of this First Amendment are declared to be severable. In addition, the City and Successor Owner shall take all action necessary or required to fulfill the intent of this First Amendment as to the development of the Subject Property. Section 11. Notices. All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses: Successor/Owner : DJJRB Family Land Trust 12340 Faxon Road Plano, Illinois 60545 With a copy to : Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 To the City : United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr, City Attorney Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 8 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. Section 12. General Provisions. A. Entire Agreement. This First Amendment 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 First Amendment 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. B. Amendment. This First Amendment may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and the laws of the State of Illinois in force from time to time. The City and the then owner of record of any portion of the Subject Property, even if not the Successor Owner named herein, may agree (only in writing) to amend or modify this First Amendment as to such portion(s) of the Subject Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long as such amendment or modification does not alter the rights, obligations or remedies provided in this First Amendment for any owner or any other portion of the Subject Property which is owned by such owner of record. C. No Third Party Beneficiaries. No provision of this First Amendment is intended to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity other than a party to this First Amendment or its respective successor or assign. 9 D. Effective Date. The date on which this First Amendment becomes effective (the “Effective Date”) shall be the date on which it has been approved and executed by all parties hereto. E. Term of First Amendment. This First Amendment shall be effective from its Effective Date and terminate as of August 7, 2026, being the termination date of the Original Agreement (the “Term); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this First Amendment, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this First Amendment. F. Counterparts. This First Amendment 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 13. Successors and Assigns. A. This First Amendment shall inure to the benefit of and be binding upon the Successor 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 Successor Owner shall have the right to sell, transfer, lease, and assign all or any part of the Subject 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 Successor Owner has under this First Amendment. 10 B. It is understood and agreed that this First Amendment 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 Successor Owner and the City. C. Nothing contained in this First Amendment shall be construed to restrict or limit the right of the Successor Owner to sell or convey all or any portion of the Subject Property, whether improved or unimproved. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk DJJRB Family Land Trust By: __________________________________ 1 FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND GERALD BRUMMEL This First Amendment to an Annexation Agreement dated August 8, 2006 (the “Original Agreement”) by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (the “City”), and JW & WD Development, L.L.C. (the “Original Owner”) is made and entered into this ____ day of _________________, 2015, by and between the City and Gerald Brummel of 13205 Church Road, Minooka, Illinois 60447 (“Successor Owner”). WHEREAS, the City and the Original Owner entered into the Original Agreement which provided, among other things, for the annexation into the City and the development of approximately 154 acres (the “Subject Property”) in accordance with an R-2 Single Family Residence District and a B-2 General Business District, which business district has subsequently been renamed B-3 General Business District, to be known as “Chally Subdivision”; and, WHEREAS, the Original Agreement further provided for the development of the Subject Property in accordance with a Concept PUD Plan attached thereto as Exhibit C; provided for the establishment of a Special Service Area as the primary funding mechanism for the installation of the necessary public improvements; and obligated the City to issue “Special Revenue Bonds” payable from special taxes levied on several service areas, contingent upon the annexation of four (4) additional developments (all five collectively defined therein as the “Southwest Infrastructure Developments”); and, the execution of “recapture/recovery agreements” providing for the recapture by the Developer of a portion of the cost of certain improvements constructed by the Developer which benefit property other than the Subject Property; and, WHEREAS, the Subject Property was never developed, nor any other area included in any one of the Southwest Infrastructure Developments and all of the parties in interest, or their 2 successors in interest, now desire to unwind any and all of the cross contingencies and obligations of the Southwest Infrastructure Developments; and, WHEREAS, the City desires to amend each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments. NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements and conditions herein set forth, the City and the Successor Owner agree as follows: Section 1. The Original Agreement is hereby repealed in its entirety and replaced with this First Amendment. Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family Residence Zoning District and the B-3 General Business District in accordance with the United City of Yorkville Zoning Ordinance and the Successor Owner of the Subject Property shall have the right to develop the Subject Property pursuant to said Zoning Ordinance, the City’s Subdivision Ordinance and all other ordinances applicable to R-2 Single Family Residence and B-3 General Business District development, as in effect at the time of the development of the Subject Property. Portions of the Subject Property are presently being used for agricultural purposes and, notwithstanding any provision of the City Code now in effect or adopted during the Term (as hereinafter defined) of this First Amendment, and notwithstanding the City’s zoning of the Subject Property, the current uses shall be permitted to continue as a legal non-conforming use. 3 Section 3. Annexation to Sanitary District. On or before the development of the Subject Property, the Successor Owner hereby agrees to file any necessary petitions and agreements to request annexation thereof to 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 Successor 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, in order to permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the Subject Property. Section 4. Sanitary Sewer and Water Improvements. A. Successor Owner’s Obligation. At its sole cost and expense, upon development of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary sewer collection lines and all other on-site improvements as approved by the City for the collection of sanitary sewage generated by the Subject Property (the “Sewer Improvements”) and all on-site water mains, distribution lines, and other improvements as approved by the City for the provision of potable water to the Subject Property (the “Water Improvements”), in accordance with the City Code. Should the City determine that a well and water treatment facility to be located on the Subject Property or a water tower is required, such improvements shall be considered an off-site improvement to be performed by the City at the cost of the Successor Owner. In the event the City determines a need for off-site Sewer Improvements, such off-site Sewer Improvements shall be performed by the City at the cost of the Successor Owner. 4 B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the Successor 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”). Section 5. Storm Water Improvements. A. Successor Owner’s Obligation. Upon development of the Subject Property at its own cost, the Successor Owner shall be obligated to construct all storm sewers, detention systems, and compensatory storage facilities as approved by the City for storm water drainage from the Subject Property (“Storm Water Improvements”) in accordance with the City Code. B. Dedication. Upon completion of construction, all Storm Water Improvements shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a maintenance easement or easements to the City allowing the City to maintain the Storm Water Improvements. Section 6. Repeal of all Cross Contingencies and Cross Obligations of the Southwest Infrastructure Developments. The Successor Owner and City agree that the enforceability of this First Amendment is contingent upon the approval, execution and recordation of amendments to the original annexation agreements for each of the other members of the Southwest Infrastructure Developments, namely: Aspen Ridge, Silver Fox, Yorkwood Estates and Evergreen Farm. Upon approval, execution and recordation of this First Amendment and amendments to all of the annexation agreements for each of the Southwest Infrastructure Developments, the Original Agreement shall be repealed and deemed to be null and void. Section 7. Security Instruments. As required by City Code, the Owner Successor shall deposit, or cause to be deposited with the City such letters of credit or surety bonds (“Security 5 Instruments”) on the standard forms of the City, to guarantee completion and maintenance of improvements (as defined in the City’s Subdivision Control Ordinance) to be constructed as a part of the development of the Subject Property. The Successor Owner may use either irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City ordinance. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time of development of the Subject Property. Section 8. City Ordinances. The Successor Owner agrees that the future development of the Subject Property shall be in accordance with the requirements of all applicable city ordinances as in effect as of the date all required development approvals are issued by the City, including but not limited to the following: (a) Procedures for acceptance of public improvements constructed as a part of the development of all or a portion of the Subject Property; (b) Signage; (c) Appearance code; (d) Permits; (e) Fees, charges and contributions; (f) School and park contributions with land or cash in lieu of land; and, (g) Building codes. Section 9. Remedies. Without limiting any of the remedies otherwise available at law or in equity to the Successor Owner or the City as a result of the breach of this First Amendment, the parties agree as follows: 6 A. This First Amendment shall be enforceable in any court of competent jurisdiction in the State of Illinois by the parties and their successors and assigns. Enforcement may be sought by an appropriate action at law or in equity to secure performance of the covenants, agreements, conditions and obligations contained herein, including specific performance of this First Amendment. This First Amendment shall be governed by the laws of the State of Illinois. B. No action taken by any party pursuant to the provisions of this or any other section of this First Amendment shall constitute an election of remedies, and all remedies set forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. C. Unless otherwise expressly provided herein, in the event of a material breach of this First Amendment, the parties agree that the defaulting party 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. 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. D. 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 weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or inability to secure any necessary governmental permit or license; or/and any similar cause), the time for such performance shall be extended by the amount of time of such delay. 7 E. 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. Section 10. Partial Invalidity of Agreement. This First Amendment is entered into pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS 5/11-15.1-1 et seq.). If any provision of this First Amendment or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Amendment and, to that end, any terms, conditions and provisions of this First Amendment are declared to be severable. In addition, the City and Successor Owner shall take all action necessary or required to fulfill the intent of this First Amendment as to the development of the Subject Property. Section 11. Notices. All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses: Successor/Owner : Gerald Brummel 13205 Church Road Minooka, Illinois 60447 With a copy to : Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 8 To the City : United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr, City Attorney Kathleen Field Orr & Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. Section 12. General Provisions. A. Entire Agreement. This First Amendment 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 First Amendment 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. B. Amendment. This First Amendment may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and the laws of the State of Illinois in force from time to time. The City and the then owner of record of any portion of the Subject Property, even if not the Successor Owner named herein, may agree (only in writing) to amend or modify this First Amendment as to such portion(s) of the Subject Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long as such amendment or modification does not alter the rights, obligations or remedies provided in 9 this First Amendment for any owner or any other portion of the Subject Property which is owned by such owner of record. C. No Third Party Beneficiaries. No provision of this First Amendment is intended to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity other than a party to this First Amendment or its respective successor or assign. D. Effective Date. The date on which this First Amendment becomes effective (the “Effective Date”) shall be the date on which it has been approved and executed by all parties hereto. E. Term of First Amendment. This First Amendment shall be effective from its Effective Date and terminate as of August 7, 2026, being the termination date of the Original Agreement (the “Term); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this First Amendment, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this First Amendment. F. Counterparts. This First Amendment 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 13. Successors and Assigns. A. This First Amendment shall inure to the benefit of and be binding upon the Successor 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 Successor Owner shall have the right to sell, transfer, lease, and assign all or any part of the Subject Property to other persons, firms, partnerships, corporations, or other entities for building or development purposes (as well as for 10 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 Successor Owner has under this First Amendment. B. It is understood and agreed that this First Amendment 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 Successor Owner and the City. C. Nothing contained in this First Amendment shall be construed to restrict or limit the right of the Successor Owner to sell or convey all or any portion of the Subject Property, whether improved or unimproved. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk Gerald Brummel By: __________________________________ 1 FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND CASTLE BANK, A DIVISION OF FIRST NATIONAL BANK OF OMAHA, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 8, 2013 AND KNOWN AS TRUST NUMBER 2845 This First Amendment to an Annexation Agreement dated August 8, 2006 (the “Original Agreement”), by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (the “City”), and Evergreen Farm Estates, LLC (the “Original Owner”) is made and entered into this ____ day of _________________, 2015, by and between the City and CASTLE BANK, A DIVISION OF FIRST NATIONAL BANK OF OMAHA, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 8, 2013 AND KNOWN AS TRUST NUMBER 2845 (“Successor Owner”). WHEREAS, the City and the Original Owner entered into the Original Agreement which provided, among other things, for the annexation into the City and the development of approximately 49 acres (the “Subject Property”) in accordance with an R-2 Single Family Residence District and a Concept Plan attached to the Original Agreement as Exhibit C, to be known as “Evergreen”; and, WHEREAS, the Original Agreement further provided for recapture agreements for oversized and deeper utilities than required by City Code and the establishment of a special service area (“SSA”) which was intended to be the primary funding mechanism for the installation of all off-site public improvements and obligated the City to a “Special Tax” or other “Revenue Bond” to be paid by future property owners of the Subject Property by the assessment of a special tax; and, 2 WHEREAS, the terms and conditions of the Original Agreement were to be “cross contingent” with the City’s approval of four additional annexations referred to as the “Southwest Infrastructure Developments” as these four developments with the Subject Property were deemed to be related and as a group of five developments to derive a special benefit through the establishment of the SSA and issuance of a “Special Tax” or other “Revenue Bonds”; and, WHEREAS, the Subject Property was never developed, nor any other area included in any one of the Southwest Infrastructure Developments and all of the parties in interest, or their successors in interest, now desire to unwind any and all of the cross contingencies and obligations of the Southwest Infrastructure Developments; and, WHEREAS, the City desires to amend each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments. NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements and conditions herein set forth, the City and the Successor Owner agree as follows: Section 1. The Original Agreement is hereby repealed in its entirety and replaced with this First Amendment. Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family Residence Zoning District in accordance with the United City of Yorkville Zoning Ordinance and the Successor Owner of the Subject Property shall have the right to develop the Subject Property pursuant to said Zoning Ordinance, the City’s Subdivision Ordinance and all other ordinances applicable to R-2 Single Family Residence development, as in effect at the time of the development of the Subject Property. 3 Portions of the Subject Property are presently being used for agricultural purposes and, notwithstanding any provision of the City Code now in effect or adopted during the Term (as hereinafter defined) of this First Amendment, and notwithstanding the City’s zoning of the Subject Property, the current uses shall be permitted to continue as a legal non-conforming use. Section 3. Annexation to Sanitary District. On or before the development of the Subject Property, the Successor Owner hereby agrees to file any necessary petitions and agreements to request annexation thereof to 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 Successor 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, in order to permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the Subject Property. Section 4. Sanitary Sewer and Water Improvements. A. Successor Owner’s Obligation. At its sole cost and expense, upon development of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary sewer collection lines and all other on-site improvements as approved by the City for the collection of sanitary sewage generated by the Subject Property (the “Sewer Improvements”) and all on-site water mains, distribution lines, and other improvements as approved by the City for the provision of potable water to the Subject Property (the “Water Improvements”), in accordance with the City Code. Should the City determine that a well and water treatment facility to be located on the Subject Property or a water tower is required, such improvements shall be considered an off-site improvement to be performed by the City at the cost of the 4 Successor Owner. In the event the City determines a need for off-site Sewer Improvements, such off-site Sewer Improvements shall be performed by the City at the cost of the Successor Owner. B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the Successor 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”). Section 5. Storm Water Improvements. A. Successor Owner’s Obligation. Upon development of the Subject Property at its own cost, the Successor Owner shall be obligated to construct all storm sewers, detention systems, and compensatory storage facilities as approved by the City for storm water drainage from the Subject Property (“Storm Water Improvements”) in accordance with the City Code. B. Dedication. Upon completion of construction, all Storm Water Improvements shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a maintenance easement or easements to the City allowing the City to maintain the Storm Water Improvements. Section 6. Repeal of all Cross Contingencies and Cross Obligations of the Southwest Infrastructure Developments. The Successor Owner and City agree that the enforceability of this First Amendment is contingent upon the approval, execution and recordation of amendments to the original annexation agreements for each of the other members of the Southwest Infrastructure Developments, namely: Chally Farm, Silver Fox, Aspen Ridge and Yorkwood Estates. Upon approval, execution and recordation of this First Amendment and amendments to all of the 5 annexation agreements for each of the Southwest Infrastructure Developments, the Original Agreement shall be repealed and deemed to be null and void. Section 7. Security Instruments. As required by City Code, upon development, the Owner Successor shall deposit, or cause to be deposited with the City such letters of credit or surety bonds (“Security Instruments”) on the standard forms of the City, to guarantee completion and maintenance of improvements (as defined in the City’s Subdivision Control Ordinance) to be constructed as a part of the development of the Subject Property. The Successor Owner may use either irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City ordinance. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time of development of the Subject Property. Section 8. City Ordinances. The Successor Owner agrees that the future development of the Subject Property shall be in accordance with the requirements of all applicable city ordinances as in effect as of the date all required development approvals are issued by the City, including but not limited to the following: (a) Procedures for acceptance of public improvements constructed as a part of the development of all or a portion of the Subject Property; (b) Signage; (c) Appearance code; (d) Permits; (e) Fees, charges and contributions; (f) School and park contributions with land or cash in lieu of land; and, (g) Building codes. 6 Section 9. Remedies. Without limiting any of the remedies otherwise available at law or in equity to the Successor Owner or the City as a result of the breach of this First Amendment, the parties agree as follows: A. This First Amendment shall be enforceable in any court of competent jurisdiction in the State of Illinois by the parties and their successors and assigns. Enforcement may be sought by an appropriate action at law or in equity to secure performance of the covenants, agreements, conditions and obligations contained herein, including specific performance of this First Amendment. This First Amendment shall be governed by the laws of the State of Illinois. B. No action taken by any party pursuant to the provisions of this or any other section of this First Amendment shall constitute an election of remedies, and all remedies set forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. C. Unless otherwise expressly provided herein, in the event of a material breach of this First Amendment, the parties agree that the defaulting party 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. 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. D. 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 7 weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or inability to secure any necessary governmental permit or license; or/and any similar cause), the time for such performance shall be extended by the amount of time of such delay. E. 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. Section 10. Partial Invalidity of Agreement. This First Amendment is entered into pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS 5/11-15.1-1 et seq.). If any provision of this First Amendment or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Amendment and, to that end, any terms, conditions and provisions of this First Amendment are declared to be severable. In addition, the City and Successor Owner shall take all action necessary or required to fulfill the intent of this First Amendment as to the development of the Subject Property. Section 11. Notices. All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses: 8 Successor/Owner : Castle Bank, a division of First National Bank of Omaha, as Trustee under Trust Agreement Number 2845 7 Smith Lane Pontiac, Illinois 61764 With a copy to : Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 To the City : United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr, City Attorney Kathleen Field Orr & Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. Section 12. General Provisions. A. Entire Agreement. This First Amendment 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 First Amendment 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. 9 B. Amendment. This First Amendment may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and the laws of this State in force from time to time. The City and the then owner of record of any portion of the Subject Property, even if not the Successor Owner named herein, may agree (only in writing) to amend or modify this First Amendment as to such portion(s) of the Subject Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long as such amendment or modification does not alter the rights, obligations or remedies provided in this First Amendment for any owner or any other portion of the Subject Property which is owned by such owner of record. C. No Third Party Beneficiaries. No provision of this First Amendment is intended to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity other than a party to this First Amendment or its respective successor or assign. D. Effective Date. The date on which this First Amendment becomes effective (the “Effective Date”) shall be the date on which it has been approved and executed by all parties hereto. E. Term of First Amendment. This First Amendment shall be effective from its Effective Date and terminate as of August 7, 2026, being the termination date of the Original Agreement (the “Term); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this First Amendment, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this First Amendment. 10 F. Counterparts. This First Amendment 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 13. Successors and Assigns. A. This First Amendment shall inure to the benefit of and be binding upon the Successor 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 Successor Owner shall have the right to sell, transfer, lease, and assign all or any part of the Subject 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 Successor Owner has under this First Amendment. B. It is understood and agreed that this First Amendment 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 Successor Owner and the City. C. Nothing contained in this First Amendment shall be construed to restrict or limit the right of the Successor Owner to sell or convey all or any portion of the Subject Property, whether improved or unimproved. 11 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk Castle Bank, a division of First National Bank of Omaha, as Trustee under Trust Agreement dated January 8, 2013 and known as Trust Number 2845 By: __________________________________ 1 FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND JUSTINE BRUMMEL This First Amendment to an Annexation Agreement dated August 8, 2006 (the “Original Agreement”) by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (the “City”), and Midwest Development, LLC (the “Original Owner”) is made and entered into this ____ day of _________________, 2015, by and between the City and Justine Brummel of 12565 Fox Road, Yorkville, Illinois 60560 (“Successor Owner”). WHEREAS, the City and the Original Owner entered into the Original Agreement which provided, among other things, for the annexation into the City and the development of approximately 100 acres (the “Subject Property”) in accordance with an R-2 Single Family Residence District to be known as “Silver Fox”; and, WHEREAS, the Original Agreement further provided for the development of 172 single- family residences as shown on a Preliminary Plat attached thereto as Exhibit B; the establishment of a Special Service Area as the primary funding mechanism for the installation of the necessary public improvements; and obligated the City to issue “Special Revenue Bonds” payable from special taxes levied on several service areas, contingent upon the annexation of four (4) additional developments (all five collectively defined therein as the “Southwest Infrastructure Developments”); and, the execution of recapture/recovery agreements to reimburse the Developer for improvements constructed by the Developer which benefitted property other than the Subject Property; and, WHEREAS, the Subject Property was never developed, nor any other area included in any one of the Southwest Infrastructure Developments and all of the parties in interest, or their 2 successors in interest, now desire to unwind any and all of the cross contingencies and obligations of the Southwest Infrastructure Developments; and, WHEREAS, the City desires to amend each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments. NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements and conditions herein set forth, the City and the Successor Owner agree as follows: Section 1. The Original Agreement is hereby repealed in its entirety and replaced with this First Amendment. Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family Residence Zoning District in accordance with the United City of Yorkville Zoning Ordinance and the Successor Owner of the Subject Property shall have the right to develop the Subject Property pursuant to said Zoning Ordinance, the City’s Subdivision Ordinance and all other ordinances applicable to R-2 Single Family Residence development, as in effect at the time of the development of the Subject Property. Portions of the Subject Property are presently being used for agricultural purposes and, notwithstanding any provision of the City Code now in effect or adopted during the Term (as hereinafter defined) of this First Amendment, and notwithstanding the City’s zoning of the Subject Property, the current uses shall be permitted to continue as a legal non-conforming use. Section 3. Annexation to Sanitary District. On or before the development of the Subject Property, the Successor Owner hereby agrees to file any necessary petitions and agreements to request annexation thereof to the 3 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 Successor 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, in order to permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the Subject Property. Section 4. Sanitary Sewer and Water Improvements. A. Successor Owner’s Obligation. At its sole cost and expense, upon development of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary sewer collection lines and all other on-site improvements as approved by the City for the collection of sanitary sewage generated by the Subject Property (the “Sewer Improvements”) and all on-site water mains, distribution lines, and other improvements as approved by the City for the provision of potable water to the Subject Property (the “Water Improvements”), in accordance with the City Code. Should the City determine that a well and water treatment facility to be located on the Subject Property or a water tower is required, such improvements shall be considered an off-site improvement to be performed by the City at the cost of the Successor Owner. In the event the City determines a need for off-site Sewer Improvements, such off-site Sewer Improvements shall be performed by the City at the cost of the Successor Owner. B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the Successor 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”). 4 Section 5. Storm Water Improvements. A. Successor Owner’s Obligation. Upon development of the Subject Property at its own cost, the Successor Owner shall be obligated to construct all storm sewers, detention systems, and compensatory storage facilities as approved by the City for storm water drainage from the Subject Property (“Storm Water Improvements”) in accordance with the City Code. B. Dedication. Upon completion of construction, all Storm Water Improvements shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a maintenance easement or easements to the City allowing the City to maintain the Storm Water Improvements. Section 6. Repeal of all Cross Contingencies and Cross Obligations of the Southwest Infrastructure Developments. The Successor Owner and City agree that the enforceability of this First Amendment is contingent upon the approval, execution and recordation of amendments to the original annexation agreements for each of the other members of the Southwest Infrastructure Developments, namely: Chally Farm, Aspen Ridge, Yorkwood Estates and Evergreen Farm. Upon approval, execution and recordation of this First Amendment and amendments to all of the annexation agreements for each of the Southwest Infrastructure Developments, the Original Agreement shall be repealed and deemed to be null and void. Section 7. Security Instruments. As required by City Code, the Owner Successor shall deposit, or cause to be deposited with the City such letters of credit or surety bonds (“Security Instruments”) on the standard forms of the City, to guarantee completion and maintenance of improvements (as defined in the City’s Subdivision Control Ordinance) to be constructed as a part of the development of the Subject Property. The Successor Owner may use either irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City 5 ordinance. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time of development of the Subject Property. Section 8. City Ordinances. The Successor Owner agrees that the future development of the Subject Property shall be in accordance with the requirements of all applicable city ordinances as in effect as of the date all required development approvals are issued by the City, including but not limited to the following: (a) Procedures for acceptance of public improvements constructed as a part of the development of all or a portion of the Subject Property; (b) Signage; (c) Appearance code; (d) Permits; (e) Fees, charges and contributions; (f) School and park contributions with land or cash in lieu of land; and, (g) Building codes. Section 9. Remedies. Without limiting any of the remedies otherwise available at law or in equity to the Successor Owner or the City as a result of the breach of this First Amendment, the parties agree as follows: A. This First Amendment shall be enforceable in any court of competent jurisdiction in the State of Illinois by the parties and their successors and assigns. Enforcement may be sought by an appropriate action at law or in equity to secure performance of the covenants, 6 agreements, conditions and obligations contained herein, including specific performance of this First Amendment. This First Amendment shall be governed by the laws of the State of Illinois. B. No action taken by any party pursuant to the provisions of this or any other section of this First Amendment shall constitute an election of remedies, and all remedies set forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. C. Unless otherwise expressly provided herein, in the event of a material breach of this First Amendment, the parties agree that the defaulting party 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. 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. D. 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 weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or inability to secure any necessary governmental permit or license; or/and any similar cause), the time for such performance shall be extended by the amount of time of such delay. E. 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 7 right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. Section 10. Partial Invalidity of Agreement. This First Amendment is entered into pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS 5/11-15.1-1 et seq.). If any provision of this First Amendment or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Amendment and, to that end, any terms, conditions and provisions of this First Amendment are declared to be severable. In addition, the City and Successor Owner shall take all action necessary or required to fulfill the intent of this First Amendment as to the development of the Subject Property. Section 11. Notices. All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses: Successor/Owner : Justine Brummel 12565 Fox Road Yorkville, Illinois 60560 With a copy to : Kelly A. Helland 1107A South Bridge Street Yorkville, Illinois 60560 To the City : United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 8 With a copy to : Kathleen Field Orr, City Attorney Kathleen Field Orr & Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. Section 12. General Provisions. A. Entire Agreement. This First Amendment 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 First Amendment 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. B. Amendment. This First Amendment may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and the laws of the State of Illinois in force from time to time. The City and the then owner of record of any portion of the Subject Property, even if not the Successor Owner named herein, may agree (only in writing) to amend or modify this First Amendment as to such portion(s) of the Subject Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long as such amendment or modification does not alter the rights, obligations or remedies provided in this First Amendment for any owner or any other portion of the Subject Property which is owned by such owner of record. 9 C. No Third Party Beneficiaries. No provision of this First Amendment is intended to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity other than a party to this First Amendment or its respective successor or assign. D. Effective Date. The date on which this First Amendment becomes effective (the “Effective Date”) shall be the date on which it has been approved and executed by all parties hereto. E. Term of First Amendment. This First Amendment shall be effective from its Effective Date and terminate as of August 7, 2026, being the termination date of the Original Agreement (the “Term); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this First Amendment, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this First Amendment. F. Counterparts. This First Amendment 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 13. Successors and Assigns. A. This First Amendment shall inure to the benefit of and be binding upon the Successor 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 Successor Owner shall have the right to sell, transfer, lease, and assign all or any part of the Subject 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 10 entitled to the same rights and have the same obligations as the Successor Owner has under this First Amendment. B. It is understood and agreed that this First Amendment 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 Successor Owner and the City. C. Nothing contained in this First Amendment shall be construed to restrict or limit the right of the Successor Owner to sell or convey all or any portion of the Subject Property, whether improved or unimproved. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk Justine Brummel By: __________________________________ 1 FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND BBG KENDALL, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY This First Amendment to an Annexation Agreement dated ________________ (the “Original Agreement”) by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (the “City”), and JW & WD Development, L.L.C. (the “Original Owner”) is made and entered into this ____ day of _________________, 2015, by and between the City and BBG KENDALL, LLC, an Illinois limited liability company (“Successor Owner”). WHEREAS, the City and the Original Owner entered into the Original Agreement which provided, among other things, for the annexation into the City and the development of approximately 178.3 acres (the “Subject Property”) in accordance with an R-2 Single Family Residence District to be known as “York Wood Estates”; and, WHEREAS, the Original Agreement further provided for the development of the Subject Property in accordance with a Concept PUD Plan attached thereto as Exhibit B; provided for the establishment of a Special Service Area as the primary funding mechanism for the installation of the necessary public improvements; and obligated the City to issue “Special Revenue Bonds” payable from special taxes levied on several service areas, contingent upon the annexation of four (4) additional developments (all five collectively defined therein as the “Southwest Infrastructure Developments”); and, the execution of “recapture/recovery agreements” providing for the recapture by the Developer of a portion of the cost of certain improvements constructed by the Developer which benefit property other than the Subject Property; and, WHEREAS, the Subject Property was never developed, nor any other area included in any one of the Southwest Infrastructure Developments and all of the parties in interest, or their 2 successors in interest, now desire to unwind any and all of the cross contingencies and obligations of the Southwest Infrastructure Developments; and, WHEREAS, the City desires to amend each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments. NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements and conditions herein set forth, the City and the Successor Owner agree as follows: Section 1. The Original Agreement is hereby repealed in its entirety and replaced with this First Amendment. Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family Residence Zoning District in accordance with the United City of Yorkville Zoning Ordinance and the Successor Owner of the Subject Property shall have the right to develop the Subject Property pursuant to said Zoning Ordinance, the City’s Subdivision Ordinance and all other ordinances applicable to R-2 Single Family Residence development, as in effect at the time of the development of the Subject Property. Portions of the Subject Property are presently being used for agricultural purposes and, notwithstanding any provision of the City Code now in effect or adopted during the Term (as hereinafter defined) of this First Amendment, and notwithstanding the City’s zoning of the Subject Property, the current uses shall be permitted to continue as a legal non-conforming use. Section 3. Annexation to Sanitary District. On or before the development of the Subject Property, the Successor Owner hereby agrees to file any necessary petitions and agreements to request annexation thereof to the 3 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 Successor 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, in order to permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the Subject Property. Section 4. Sanitary Sewer and Water Improvements. A. Successor Owner’s Obligation. At its sole cost and expense, upon development of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary sewer collection lines and all other on-site improvements as approved by the City for the collection of sanitary sewage generated by the Subject Property (the “Sewer Improvements”) and all on-site water mains, distribution lines, and other improvements as approved by the City for the provision of potable water to the Subject Property (the “Water Improvements”), in accordance with the City Code. Should the City determine that a well and water treatment facility to be located on the Subject Property or a water tower is required, such improvements shall be considered an off-site improvement to be performed by the City at the cost of the Successor Owner. In the event the City determines a need for off-site Sewer Improvements, such off-site Sewer Improvements shall be performed by the City at the cost of the Successor Owner. B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the Successor 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”). 4 Section 5. Storm Water Improvements. A. Successor Owner’s Obligation. Upon development of the Subject Property at its own cost, the Successor Owner shall be obligated to construct all storm sewers, detention systems, and compensatory storage facilities as approved by the City for storm water drainage from the Subject Property (“Storm Water Improvements”) in accordance with the City Code. B. Dedication. Upon completion of construction, all Storm Water Improvements shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a maintenance easement or easements to the City allowing the City to maintain the Storm Water Improvements. Section 6. Repeal of all Cross Contingencies and Cross Obligations of the Southwest Infrastructure Developments. The Successor Owner and City agree that the enforceability of this First Amendment is contingent upon the approval, execution and recordation of amendments to the original annexation agreements for each of the other members of the Southwest Infrastructure Developments, namely: Chally Farm, Aspen Ridge, Silver Fox and Evergreen Farm. Upon approval, execution and recordation of this First Amendment and amendments to all of the annexation agreements for each of the Southwest Infrastructure Developments, the Original Agreement shall be repealed and deemed to be null and void. Section 7. Security Instruments. As required by City Code, the Owner Successor shall deposit, or cause to be deposited with the City such letters of credit or surety bonds (“Security Instruments”) on the standard forms of the City, to guarantee completion and maintenance of improvements (as defined in the City’s Subdivision Control Ordinance) to be constructed as a part of the development of the Subject Property. The Successor Owner may use either irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City 5 ordinance. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time of development of the Subject Property. Section 8. City Ordinances. The Successor Owner agrees that the future development of the Subject Property shall be in accordance with the requirements of all applicable city ordinances as in effect as of the date all required development approvals are issued by the City, including but not limited to the following: (a) Procedures for acceptance of public improvements constructed as a part of the development of all or a portion of the Subject Property; (b) Signage; (c) Appearance code; (d) Permits; (e) Fees, charges and contributions; (f) School and park contributions with land or cash in lieu of land; and, (g) Building codes. Section 9. Remedies. Without limiting any of the remedies otherwise available at law or in equity to the Successor Owner or the City as a result of the breach of this First Amendment, the parties agree as follows: A. This First Amendment shall be enforceable in any court of competent jurisdiction in the State of Illinois by the parties and their successors and assigns. Enforcement may be sought by an appropriate action at law or in equity to secure performance of the covenants, 6 agreements, conditions and obligations contained herein, including specific performance of this First Amendment. This First Amendment shall be governed by the laws of the State of Illinois. B. No action taken by any party pursuant to the provisions of this or any other section of this First Amendment shall constitute an election of remedies, and all remedies set forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. C. Unless otherwise expressly provided herein, in the event of a material breach of this First Amendment, the parties agree that the defaulting party 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. 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. D. 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 weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or inability to secure any necessary governmental permit or license; or/and any similar cause), the time for such performance shall be extended by the amount of time of such delay. E. 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 7 right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. Section 10. Partial Invalidity of Agreement. This First Amendment is entered into pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS 5/11-15.1-1 et seq.). If any provision of this First Amendment or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Amendment and, to that end, any terms, conditions and provisions of this First Amendment are declared to be severable. In addition, the City and Successor Owner shall take all action necessary or required to fulfill the intent of this First Amendment as to the development of the Subject Property. Section 11. Notices. All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses: Successor/Owner : BBG Kendall, LLC Bridgeview Bank Group 4753 North Broadway Chicago, Illinois 60640 With a copy to : John Polster 4753 North Broadway Chicago, Illinois 60640 To the City : United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 8 With a copy to : Kathleen Field Orr, City Attorney Kathleen Field Orr & Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. Section 12. General Provisions. A. Entire Agreement. This First Amendment 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 First Amendment 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. B. Amendment. This First Amendment may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and the laws of the State of Illinois in force from time to time. The City and the then owner of record of any portion of the Subject Property, even if not the Successor Owner named herein, may agree (only in writing) to amend or modify this First Amendment as to such portion(s) of the Subject Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long as such amendment or modification does not alter the rights, obligations or remedies provided in this First Amendment for any owner or any other portion of the Subject Property which is owned by such owner of record. 9 C. No Third Party Beneficiaries. No provision of this First Amendment is intended to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity other than a party to this First Amendment or its respective successor or assign. D. Effective Date. The date on which this First Amendment becomes effective (the “Effective Date”) shall be the date on which it has been approved and executed by all parties hereto. E. Term of First Amendment. This First Amendment shall be effective from its Effective Date and terminate as of August 7, 2026, being the termination date of the Original Agreement (the “Term); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this First Amendment, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this First Amendment. F. Counterparts. This First Amendment 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 13. Successors and Assigns. A. This First Amendment shall inure to the benefit of and be binding upon the Successor 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 Successor Owner shall have the right to sell, transfer, lease, and assign all or any part of the Subject 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 10 entitled to the same rights and have the same obligations as the Successor Owner has under this First Amendment. B. It is understood and agreed that this First Amendment 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 Successor Owner and the City. C. Nothing contained in this First Amendment shall be construed to restrict or limit the right of the Successor Owner to sell or convey all or any portion of the Subject Property, whether improved or unimproved. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk BBG Kendall, LLC, an Illinois limited liability company By: __________________________________ Attest: _________________________________ NOTICE OF PUBLIC HEARING TO BE HELD TUESDAY, MAY 12, 2015 AT 7:00 P.M. AT CITY HALL UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, ILLINOIS NOTICE IS HEREBY GIVEN that a public hearing shall be held on an amendment to that certain Annexation Agreement and Planned Unit Development Agreement (Aspen Ridge) dated August 8, 2006, by and between DJJRB FAMILY LAND TRUST (Successor Owner), an Illinois Land Trust, and the United City of Yorkville, Kendall County, Illinois, on May 12, 2015 at 7:00 p.m. at City Hall at the United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois for the purpose of amending the current entitlements, cross contingences and obligations contained within the original annexation agreement. Legal Description: THAT PART OF THE EAST l/2 OF SECTION 1 , TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT IN THE CENTER OF PAVILLION ROAD WHICH IS SAID NORTHEAST CORNER OF PAVILLION HEIGHTS, UNIT FOUR; THENCE SOUTH 80 DEGREES 29 MINUTES 17 SECONDS WEST ALONG SAID NORTH LINE OF UNIT FOUR AND NORTH LINE EXTENDED 1233.49 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, FOR THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE EXTENDED 238.14 FEET TO A BEND POINT; THENCE SOUTH 80 DEGREES 33 MINUTES 44 SECONDS WEST, 1345.76 FEET; THENCE NORTH 08 DEGREES 08 MINUTES 32 SECONDS WEST, 1819.92 FEET TO A POINT ON THE SOUTH LINE OF SAID LAND CONVEYED TO THE COUNTY OF KENDALL PER DOCUMENT 200200019272; THENCE NORTH 64 DEGREES 03 MINUTES 20 SECONDS EAST, ALONG SAID SOUTH LINE OF LAND CONVEYED TO THE COUNTY OF KENDALL, 1935.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 1; THENCE SOUTH 01 DEGREES 34 MINUTES 41 SECONDS EAST, ALONG SAID EAST LINE OF THE NORTHEAST 114 OF SECTION 1, DISTANCE OF 474.34 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 1; THENCE SOUTH 01 DEGREES 59 MINUTES 20 SECONDS EAST ALONG SAID EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 1, A DISTANCE OF 1915.41 FEET TO THE POINT OF BEGINNING IN FOX TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN: 04-01-426-001 The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk NOTICE OF PUBLIC HEARING TO BE HELD TUESDAY, MAY 12, 2015 AT 7:00 P.M. AT CITY HALL UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, ILLINOIS NOTICE IS HEREBY GIVEN that a public hearing shall be held on an amendment to that certain Annexation Agreement and Planned Unit Development Agreement (Chally Farm) dated August 8, 2006, by and between Gerald Brummel (Successor Owner) and the United City of Yorkville, Kendall County, Illinois, on May 12, 2015 at 7:00 p.m. at City Hall at the United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois for the purpose of amending the current entitlements, cross contingences and obligations contained within the original annexation agreement. Legal Description: Parcel 1: (Chally Property) THAT PART OF SECTION 6 AND 7, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF SECTIONS 1 AND 12, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 45 MINUTES 36 SECONDS WEST, ALONG THE WEST LINE OF 7, 695.70 FEET TO THE CENTER LINE OF ILLLINOIS ROUTE 71; THENCE NORTH 71 DEGREES 11 MINUTES EAST, ALONG SAID CENTER LINE, 37.40 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95 FEET; THENCE NORTH 46 DEGREES 02 MINUTES EAST ALONG SAID CENTER LINE , 1211.09 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 46 DEGREES 02 MINUTES EAST ALONG SAID CENTER LINE, 605.33 FEET; THENCE NORTH 57 DEGREES 38 MINUTES 56 SECONDS WEST ALONG THE ORIGINAL CENTER LINE OF PAVILLION ROAD, 391.57 FEET TO A POINT IN THE PRESENT CENTER LINE OF PAVILLION ROAD; THENCE NORTH 56 DEGREES 53 MINUTES 40 SECONDS WEST ALONG SAID CETNER LINE 733.02 FEET; THENCE SOUTH 05 DEGREES 20 MINUTES 49 SECONDS WEST, 350.70 FEET; THENCE NORTH 84 DEGREES 48 MINUTES 15 SECONDS WEST, 235.65 FEET, THENCE SOUTH 12 DEGREES 50 MINUTES 30 SECONDS WEST, 540.22 FEET; THENCE NORTH 72 DEGREES 43 MINUTES 25 SECONDS WEST, 610.85 FEET; THENCE NORTH 74 DEGREES 02 MINUTES 01 SECONDS WEST, 863.88 FEET; THENCE NORTH 01 DEGREE 36 MINUTES 44 SECONDS WEST, 39.81 FEET; THENCE NORTH 64 DEGREES 37 MINUTES 43 SECONDS WEST, 155.43 FEET, THENCE NORTH 78 DEGREES 33 MINUTES 25 SECONDS WEST, 435.29 FEET; THENCE NORTH 08 DEGREES 12 MINUTES 27 SECONDS WEST, 1008.89 FEET; THENCE NORTH 08 DEGREES 30 MINUTES 29 SECONDS WEST, 1205.74 FEET; THENCE SOUTH 80 DEGREES 22 MINUTES WEST, 572.03 FEET, THENCE SOUTH 08 DEGREES 23 MINUTES 08 SECONDS EAST, 2225.04 FEET, THENCE SOUTH 14 DEGREES 17 MINUTES 47 SECONDS EAST, 102.58 FEET: THENCE SOUTH 29 DEGREES 45 MINUTES 26 SECONDS EAST, 86.98 FEET; THENCE SOUTH 55 DEGREES 13 MINUTES 33 SECONDS EAST, 1003.86 FEET, THENCE SOUTH 06 DEGREES 02 MINUTES 19 SECONDS EAST, 655.38 FEET; THENCE SOUTH 64 DEGREES 37 MINUTES 06 SECONDS EAST, 680.00 FEET, THENCE NORTH 15 DEGREES 12 MINUTES 06 SECONDS EAST, 876.49 FEET; THENCE SOUTH 83 DEGREES 54 MINUTES 40 SECONDS EAST, 332.65 FEET, THENCE SOUTH 79 DEGREES 53 MINUTES 54 SECONDS EAST, 714.78 FEET, THENCE NORTH 09 DEGREES 51 MINUTES 55 SECONDS EAST, 289.93 FEET, THENCE SOUTH 78 DEGREES 17 MINUTES 47 SECONDS EAST, 266.30 FEET; THENCE NORTH 25 DEGREES 44 MINUTES 09 SECONDS EAST, 203.40 FEET, THENCE SOUTH 65 DEGREES 59 MINUTES 35 SECONDS EAST, 222.39 FEET TO THE POINT OF BEGINNING; IN KENDALL COUNTY, ILLINOIS EXCEPT DESCRIBED TRACT RECORDED IN DOCUMENT NUMBER 95-07481 AT THE COUNTY RECORDER'S OFFICE WHICH READS AS FOLLOWS. THAT PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF UNIT ONE OF PAVILLION HEIGHTS BEING A SUBDIVISION OF PART OF SAID SECTION, THENCE SOUTH 56 DEGREES 53 MINUTES 40 SECONDS EAST ALONG THE CENTER LINE OF PAVILLION ROAD, 266.03 FEET TO THE NORTHEAST CORNER OF PAVILLION CEMETERY FOR THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 56 DEGREES 53 MINUTES 40 SECONDS EAST ALONG SAID CENTER LINE 90.32 FEET, THENCE SOUTH 05 DEGREES 26 MINUTES 31 SECONDS WEST PARALLEL WITH THE EASTERLY LINE, AND IT'S EXTENSION, OF LOTS 1, 2, AND 3 IN SAID SUBDIVISION, 369.45 FEET, THENCE NORTH 84 DEGREES 33 MINUTES 29 SECONDS WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 323.49 FEET TO A POINT ON THE EASTERLY LINE OF LOT 4 OF SAID SUBDIVISION, THENCE NORTH 12 DEGREES 50 MINUTES 30 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 4 AND PART OF LOT 3 60.51 FEET TO THE POINT OF BEND IN SAID LOT 3 ALSO BEING THE SOUTHWEST CORNER OF SAID CEMETERY; THENCE SOUTH 84 DEGREES 33 MINUTES 29 SECONDS EAST ALONG THE SOUTHLINE OF SAID CEMETERY, 235.62 FEET TO THE SOUTHEAST CORNER OF SAID CEMETERY, THENCE NORTH 05 DEGREES 26 MINUTES 31 SECONDS EAST PARALLEL WITH SAID EAST LINE OF LOTS 1, 2, AND 3, 351.39 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. ALSO EXCEPT A DESCRIBED TRACT RECORDED IN BOOK 648. PAGE 240 AT THE COUNTY RECORDER’S OFFICE, WHICH READS AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7, THENCE NORTH 01 DEGREE 45 MINUTES 36 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 695.70 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 71 DEGREES 11 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE, 37.40 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95 FEET, THENCE NORTH 46 DEGREES 02 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE, 1248.18 FEET FOR A POINT OF BEGINNING; THENCE NORTH 68 DEGREES 58 MINUTES 00 SECONDS WEST, 240.17 FEET; THENCE NORTH 10 DEGREES 57 MINUTES 14 SECONDS EAST, 200.32 FEET, THENCE SOUTH 65 DEGREES 58 MINUTES 00 SECONDS EAST, 358.93 FEET TO SAID CENTERLINE; THENCE SOUTH 46 DEGREES 02 MINUTES 00 SECONDS WEST ALONG SAID CENTERLINE, 196.87 FEET FOR A POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ALSO EXCEPT THE FOLLOWING DESCRIBED TRACT A PART OF A TRACT OF LAND DESCRIBED IN BOOK 648, PAGE 238 AT THE COUNTY RECORDER’S OFFICE AND LOCATED IN SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7, THENCE NORTH 01 DEGREE 45 MINUTES 36 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 7, 695.70 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE NORTH 71 DEGREES 11 MINUTES EAST ALONG SAID CENTERLINE, 37.40 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95 FEET; THENCE NORTH 46 DEGREES 02 MINUTES EAST ALONG SAID CENTERLINE 1211.09 FEET TO A RAILROAD SPIKE SET AND THE POINT OF BEGINNING, THENCE CONTINUING ALONG THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 238.88 FEET TO A RAILROAD SPIKE SET; THENCE NORTH 63 DEGREES 11 MINUTES 38 SECONDS WEST, 372.89 FEET, THENCE SOUTH 10 DEGREES 49 MINUTES 27 SECONDS WEST, 143.75 FEET; THENCE NORTH 69 DEGREES 02 MINUTES 53 SECONDS WEST PARALLEL AND 10 FEET FROM AN EXISTING FENCE, 100.00 FEET; THENCE NORTH 77 DEGREES 35 MINUTES 52 SECONDS WEST PARALLEL AND 10 FEET FROM AN EXISTING FENCE, 191.50 FEET; THENCE SOUTH 46 DEGREES 55 MINUTES 27 SECONDS WEST, 226.57 FEET TO AN EXISTING WOOD POST; THENCE SOUTH 12 DEGREES 33 MINUTES 12 SECONDS WEST, 425.84 FEET TO A SOUTH LINE OF THE PARENT TRACT; THENCE SOUTH 79 DEGREES 47 MINUTES 26 SECONDS EAST ALONG AN INTERMEDIATE SOUTH LINE OF THE PARENT TRACT, 125.33 FEET; THENCE NORTH 10 DEGREES 09 MINUTES 35 SECONDS EAST MEASURED ALONG AN INTERMEDIATE EAST LINE OF THE PARENT TRACT, 289.13 FEET, THENCE SOUTH 78 DEGREES 24 MINUTES 01 SECONDS EAST MEASURED ALONG AN INTERMEDIATE SOUTH LINE OF THE PARENT TRACT, 265.56 FEET; THENCE NORTH 25 DEGREES 50 MINUTES 54 SECONDS EAST MEASURED ALONG AN INTERMEDIATE EAST LINE, 203.13 FEET, THENCE SOUTH 65 DEGREES 54 MINUTES 21 SECONDS EAST MEASURED ALONG AN INTERMEDIATE SOUTH LINE OF THE PARENT TRACT A DISTANCE OF 222.33 FEET TO THE POINT OF BEGINNING, ALL LOCATED IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS PARCEL 2 THAT PART OF THE WEST ½ OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH 01 DEGREE 38 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 695.70 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71, THENCE NORTH 71 DEGREES 17 MINUTES 58 SECONDS EAST ALONG SAID CENTERLINE, 37.42 TO A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 6611.12 FEET, THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 34.96 FEET TO THE POINT OF BEGINNING, THENCE CONTINUINNG ALONG SAID CURVE AN ARC DISTANCE OF 2235.82 FEET TO THE SOUTHWESTERLY LINE OF A TRACT OF LAND CONVEYED TO “LEEDY” IN A WARRANTY DEED RECORDED MARCH 8, 1989 AS DOCUMENT 89-1266, THENCE NORTH 64 DEGREES 29 MINUTES 12 SECONDS WEST ALONG SAID SOUTHWESTERLY LINE 575.80 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO “CHALLY” IN A QUIT CLAIM DEED RECORDED FEBRUARY 2, 1994 AS DOCUMENT 94-1410, (THE FOLLOWING THREE CALLS ARE ALONG THE SOUTHERLY LINE OF “CHALLY” TRACT). 1) THENCE CONTINUING NORTH 64 DEGREES 29 MINUTES 12 SECONDS WEST, 679.96 FEET; 2) THENCE NORTH 05 DEGREES 55 MINUTES 21 SECONDS WEST, 655.38 FEET, 3) THENCE NORTH 55 DEGREES 09 MINUTES 44 SECONDS WEST, 1004.19 FEET TO AN IRON PIPE, THENCE SOUTH 01 DEGREE 28 MINUTES 44 SECONDS EAST, 2835.67 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST 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 00 SECONDS EAST ALONG THE FORMER CENTER LINE OF SAID ROUTE, 75.24 FEET, THENCE NORTH 0 DEGREE 15 MINUTES 00 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 BEGNNING, THENCE NORTH 01 DEGREE 15 MINUTE 00 SECONDS WEST 175.24 FEET, THENCE NORTH 67 DEGREES 48 MINUTES 07 SECONDS EAST 310.71 FEET; THENCE SOUTH 01 DEGREE 15 MINUTES 00 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 07 SECONDS WEST) TO THE POINT OF BEGINNING ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS THAT PART OF THE SOUTHWEST ¼ OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7, THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION, 693.86 FEET TO THE CENTER LINE OF STATE ROUTE 71 THENCE NORTH 73 DEGREES 04 MINUTES 02 SECONDS EAST ALONG THE CENTER LINE OF STATE ROUTE 71 , 75.24 FEET TO A POINT OF LYING 1.09 CHAINS (71.94 FEET) EAST OF THE WEST LINE OF SAID QUARTER SECTION LINE, THENCE NORTH PARALLEL WITH SAID WEST LINE 232.85 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 71 DEGREES 15 MINUTES 26 SECONDS EAST310.71 FEET, THENCE SOUTH PARALLEL WITH SAID QUARTER SECTION LINE, 175.24 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ROUTE 71, THENCE EASTERLY 60.00 FEET ALONG SAID RIGHT OF WAY LINE HAVING A RADIUS OF 6556.12 FEET AND CURVING TO THE LEFT WHOSE CHORD BEARS NORTH 73 DEGREES 12 MINUTES 34 SECONDS EAST 60.00 FEET, THENCE NORTHERLY PARALLEL WITH SAID QUARTER SECTION LINE, 189.29, THENCE SOUTH 71 DEGREES 15 MINUTES 26 SECONDS WEST, 370.11 FEET TO SAID LINE LYING 1.09 CHAINS EASTERLY OF AND PARALLEL TO THE SAID QUARTER SECTION LINE, THENCE SOUTH ALONG SAID LINE, 15.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PINS 04-01-476-002-0000, 04-12-200-003-0000, 05-06-351-001-0000, 05-07-151-010-0000, 05-07- 301-004-0000 The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk NOTICE OF PUBLIC HEARING TO BE HELD TUESDAY, MAY 12, 2015 AT 7:00 P.M. AT CITY HALL UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, ILLINOIS NOTICE IS HEREBY GIVEN that a public hearing shall be held on an amendment to that certain Annexation Agreement and Planned Unit Development Agreement (Evergreen Farm) dated August 8, 2006, by and between Castle Bank Trust #2845 (Successor Owner), an Illinois Land Trust, and the United City of Yorkville, Kendall County, Illinois, on May 12, 2015 at 7:00 p.m. at City Hall at the United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois for the purpose of amending the current entitlements, cross contingences and obligations contained within the original annexation agreement. Legal Description: THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 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 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING, THENCE SOUTH 01 DEGREE 28 MINUTES 38 SECONDS EAST 406.94 FEET, THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST 1326.82 FEET, THENCE SOUTH 24 DEGREES 05 MINUTES 33 SECONDS EAST 587.67 FEET, THENCE SOUTH 66 DEGREES 45 MINUTES 42 SECONDS WEST 1560.96 FEET TO THE CENTER LINE OF A GRAVEL ROAD, THENCE NORTH 22 DEGREES 15 MINUTES 40 SECONDS WEST ALONG SAID CENTER LINE 1258.64 FEET, THENCE NORTH 06 DEGREES 13 MINUTES 10 SECONDS WEST ALONG WEST CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD. THENCE SOUTH 63 DEOREES 42 MINUTES 50 SECONDS WEST ALONG THE CENTER LINE OF FOX ROAD 43.37 FEET, THENCE NORTH 08 DEGREES 38 MINUTES 52 SECONDS WEST 676.69 FEET TO THE AFORESAID SOUTHERLY RIGHT OF WAY LINE, THENCE NORTH 61 DEGREES 06 MINUTES 20 SECONDS ALONG SAID RIGHT OF WAY LINE 1431.91 FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEET THEREOF, AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY, FROM THE POINT OF BEGINNING AFORESAID, THENCE SOUTH 01 DEGREES 28 MINUTES 38 SECONDS EAST 406.94 FEET, THENCE SOUTH 25 DECREES 19 MINUTES 10 SECONDS EAST 305.69 FEET TO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING, THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST 1021 13 FEET, THENCE SOUTH 24 DECREES 50 MINUTES 33 SECONDS EAST 587.67 FEET, THENCE SOUTH 66 DEGREES 45 MINUTES 42 SECONDS WEST 625.43 FEET, THENCE NORTH 25 DEGREES 19 MINUTES 10 SECONDS WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD, THENCE NORTH 63 DEGREES 42 MINUTES 50 SECONDS EAST ALONG SAID CENTER LINE 630.0 FEET TO THE POINT OF BEGINNING), ALL IN KENDALL COUNTY, ILLINOIS. PERMANENT INDEX NUMBER: 05-06-100-012 The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk NOTICE OF PUBLIC HEARING TO BE HELD TUESDAY, MAY 12, 2015 AT 7:00 P.M. AT CITY HALL UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, ILLINOIS NOTICE IS HEREBY GIVEN that a public hearing shall be held on an amendment to that certain Annexation Agreement and Planned Unit Development Agreement (Silver Fox) dated August 8, 2006, by and between Justine Brummel (Successor Owner), and the United City of Yorkville, Kendall County, Illinois, on May 12, 2015 at 7:00 p.m. at City Hall at the United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois for the purpose of amending the current entitlements, cross contingences and obligations contained within the original annexation agreement. Legal Description: THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILWAY COMPANY, WHICH POINT, PREVIOUSLY MONUMENTED BY A CONCRETE MONUMENT, IS REPORTED TO BE 50.54 FEET SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID RIGHT OF WAY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE AND NORTH LINE OF SECTION 6; THENCE SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD, 1437.98 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 38 SECONDS EAST, 406.94 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST, 1326.82 FEET; THENCE SOUTH 24 DEGREES 50 MINUTES 33 SECONDS EAST, 1405.93 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 51 SECONDS EAST 1556.19 FEET; THENCE NORTH 14 DEGREES 05 MINUTES 45 SECONDS WEST, 393.10 FEET; THENCE NORTH 77 DEGREES 27 MINUTES 51 SECONDS EAST, 11.20 FEET; THENCE NORTH 12 DEGREES 35 MINUTES 59 SECONDS WEST 2406.69 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 62 DEGREES 58 MINUTES 18 SECOND WEST ALONG SAID CENTER LINE 581.48 FEET; THENCE NORTH 21 DEGREES 46 MINUTES 09 SECONDS WEST 784.86 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART IN FOX GLEN, BEING THAT PART OF THE FOREGOING NORTH OF THE CENTER LINE OF FOX ROAD), IN KENDALL TOWNSHIP, AND ALSO, (EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE CENTER LINE OF FOX ROAD AT THE SOUTHWEST CORNER OF A SUBDIVISION KNOWN AS "FOX GLEN, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS;" THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST ALONG THE WEST LINE OF LOT 19 IN SAID SUBDIVISION EXTENDED, 35.57 FEET; THENCE NORTH 64 DEGREES 40 MINUTES 50 SECONDS EAST 217.38 FEET; THENCE NORTH 18 DEGREES 20 MINUTES 7 SECONDS WEST 708.61 FEET; THENCE NORTH 18 DEGREES 46 MINUTES 5 SECONDS EAST 138.95 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FOX ROAD; THENCE NORTH 25 DEGREES 41 MINUTES 24 SECOND WEST 35.0 FEET TO SAID CENTER LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 400.0 FEET TO THE POINT OF BEGINNING), IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Permanent Index No.: 05-06-100-008 The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk NOTICE OF PUBLIC HEARING TO BE HELD TUESDAY, MAY 12, 2015 AT 7:00 P.M. AT CITY HALL UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, ILLINOIS NOTICE IS HEREBY GIVEN that a public hearing shall be held on an amendment to that certain Annexation Agreement and Planned Unit Development Agreement (Yorkwood Estates) dated August 8, 2006, by and between BBG Kendall LLC (Successor Owner), an Illinois Limited Liability Corporation, and the United City of Yorkville, Kendall County, Illinois, on May 12, 2015 at 7:00 p.m. at City Hall at the United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois for the purpose of amending the current entitlements, cross contingences and obligations contained within the original annexation agreement. Legal Description: THAT PART OF THE WEST HALF OF SECTION 7 AND PART OF THE NORTH HALF OF SECTION 18, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGJNNING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 38 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAJD SECTION 7, A DISTANCE OF 695.70 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 71 DEGREES 17 MINUTES 58 SECONDS EAST ALONG SAID CENTERLINE, 37.41 FEET; THENCE NORTHEASTERLY, 2270.78 FEET ALONG A 6611.12 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 61 DEGREES 27 MINUTES 35 SECONDS EAST, 2259.64 FEET TO THE SOUTHWESTERLY LINE OF A TRACT OF LAND CONVEYED TO "LEEDY” ACCORDING TO WARRANTY DEED RECORDED FEBRUARY 22, 1994 AS DOCUMENT NUMBER 9402111; THENCE SOUTH 64 DEGREES 29 MINUTES 12 SECONDS EAST ALONG THE NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF LOT 34 IN TIMBER CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED, DECEMBER 5, 1972 AS DOCUMENT NUMBER 72-5898, A DISTANCE OF 961.30 FEET TO THE SOUTHERN CORNER OF SAID LOT 34 (THE FOLLOWING 3 CALLS ARE ALONG THE BOUNDARY OF SAID TIMBER CREEK SUBDIVISION): 1) THENCE SOUTH 03 DEGREES 08 MINUTES 20 SECONDS WEST, 1566.33 FEET; 2) THENCE SOUTH 01 DEGREE 50 MINUTES 35 SECONDS EAST, 442.19 FEET; 3) THENCE SOUTH 48 DEGREES 50 MINUTES 44 SECONDS EAST, 151.7 FEET TO THE NORTHWESTERLY LINE OF MAPLE GROVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED, MAY 16, 1994 AS DOCUMENT NUMBER 94-053 80 (THE FOLLOWING 2 CALLS ARE ALONG THE BOUNDARY OF SAID MAPLE GROVE SUBDIVISION): 1) THENCE SOUTH 36 DEGREES 53 MINUTES 57 SECONDS WEST, 414.79 FEET; 2) THENCE SOUTH 60 DEGREES 3D MINUTES 27 SECONDS EAST, 719.26 FEET TO THE NORTHWEST CORNER OF BRIGHTON OAKS ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 2, 2003 AS DOCUMENT NUMBER 2003-35615; THENCE SOUTH 00 DEGREES 38MINUTES 21 SECONDS EAST ALONG THE WESTERLY LINE OF SAID BRIGHTON OAKS ESTATES, 535.34 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO "BARNWELL" ACCORDING TO WARRANTY DEED RECORDED JUNE 7, 1998 AS DOCUMENT NUMBER 980914; THENCE NORTH 57 DEGREES 46 MINUTES 35 SECONDS WEST ALONG SAID DEED LINE, 470.34 FEET; THENCE SOUTH 25DEGREES 22 MINUTES 49 SECONDS WEST ALONG SAID DEED LINE, 946.62 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 87 DEGREES 46 MINUTES 35 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 1124.92 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO "VOGT" AND DESCRIBED AS "PARCEL TWO" ACCORDING TO WARRANTY DEED RECORDED NOVEMBER 29, 2004 AS DOCUMENT NUMBER 2004K033119; THENCE NORTH 35 DEGREES 43 MINUTES 30 SECONDS WEST ALONG SAID DEED LINE 559.11 FEET; THENCE NORTH 16 DEGREES 56 MINUTES 56 SECONDS EAST ALONG SAID DEED LINE, 856.30 FEET; THENCE NORTH 18 DEGREES 05 MINUTES 23 SECONDS EAST ALONG SAID DEED LINE, 331.81 FEET; THENCE NORTH 28 DEGREES 01 MINUTES 14 SECONDS EAST ALONG SAID DEED LINE, 405.90 FEET TO THE NORTHEAST CORNER OF SAID VOGT TRACT; THENCE NORTH 90 DEGREES 58 MINUTES 38 SECONDS WEST ALONG SAID DEED LINE, 731.11 FEET TO THE EASTERLY LINE OF COTSWOLD FEN PUD PHASE FOUR, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 16, 1986 AS DOCUMENT NUMBER 86-5282 (THE FOLLOWING 3 CALLS ARE ALONG THE BOUNDARY OF SAID COTSWOLD FEN PUD PHASE FOUR): 1) THENCE NORTH 05 DEGREES 39 MINUTES I 7 SECONDS EAST, 263.33 FEET; 2) THENCE SOUTH 86 DEGREES 23 MINUTES 17 SECONDS WEST, 690.76 FEET; 3) THENCE NORTH 83 DEGREES 48 MINUTES 59 SECONDS WEST, 190.17 FEET TO THE WESTLINE OF SAID SECTION 18; THENCE NORTH 01 DEGREE 38 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE, 31 7.65 FEET TO THE POINT OF BEGINNING, ALL TN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES BY "FORD" ACCORDING TO DEDICATION DEED AND PLAT RECORDED SEPTEMBER 27, 1944 IN BOOK 99, PAGE 464 OF THE KENDALL COUNTY RECORDER, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH 01 DEGREE 38 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 18A DISTANCE OF 317.65 FEET TO THE NORTHERLY LINE OF SAID COTSWOLD FEN PUD PHASE FOUR (THE FOLLOWING 2 CALLS ARE ALONG THE BOUNDARY OF SAID COTSWOLD FEN PUD PHASE FOUR): 1) THENCE SOUTH 83 DEGREES 48 MINUTES 59 SECONDS EAST, 190.17 FEET; 2) THENCE NORTH 86 DEGREES 23 MINUTES 17 SECONDS EAST, 112.47 FEET; THENCE NORTH 01 DEGREE 38 MINUTES 35 SECONDS WEST, PARALLEL WITH THE WEST LINE OF SAID SECTIONS 18 AND 7, A DISTANCE OF 1133.84 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 71; THENCE SOUTHWESTERLY, 279.12 FEET ALONG A 6611.12 FOOT RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 70 DEGREES 05 MINUTES 24 SECONDS WEST, 270.10 FEET; THENENCE SOUTH 71 DEGREES 17 MINUTES 58 SECONDS WEST, 37.41 FEET TO THE WEST LINE OF SAID SECTION 7; THENCE SOUTH 01 DEGREE 38 MINUTE 35 SECONDS WEST ALONG SAID WEST LINE, 695.70 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY ILLINOIS. Permanent Tax Identification Numbers: 05-07-301-003 and 05-18-176-001 The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk 21 10601- 314•?S Filed '" Record in STATE OF ILLINOIS K.EhiDALL . Uhaf'r f ILLINOI il'AUL AHLE . 'Dha it COUNTY OF KENDALL Clr:DIHAi'C 109. 130 RHSF' Surcharge 10..011 200710021670 Filed for Record in R 10 CO to-PAUL ANDERSON ILLINOIS I F'AUL AhaDERSOF r-)E -Q_ l Q7 -17 -2007 At 12:40 am. IV ORDINANCE 104.01) RHSP Surcharge 10.00 ORDINANCE NO. 2006- 75_ 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 I 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 lJ, VALERIE BURD 1'l PAUL JAMES L) DEAN WOLFER V,MARTY MUNNS l' ROSE SPEARS rl JASON LESLIE M Ay0k 1?ROCH AAA y Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this D Day of AUG ut J A.D. 2006. MAYO Page 2 of 3 i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of Iqu6 U67 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 i ANNEXATION AGREEMENT ASPEN RIDGE ESTATES This Annexation Agreement (hereinafter "Agreement "), is made and entered into this day of U57 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 corner 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, zoning and subdivision all as required by the provisions of the CITY'S Ordinances and 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 QBCHI\449028.9 1- WHEREAS, the OWNER and the CITY agree that upon annexation to the CITY the PROPERTY shall be zoned R -2 Single Family Residence District and the CITY shall grant certain deviations from the City of Yorkville Subdivision Ordinance necessary for the contemplated development of the PROPERTY; 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. After adoption of the Approval Ordinance and execution of this Agreement, 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. QBCHI\449028.9 2- 2.ZONING. 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 i jA.Approval of Preliminary Plat of Subdivision and Preliminary Engineering Plans. 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.'s 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 July 5, 2006 (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. 4.ANNEXATION TO SANITARY DISTRICT. The OWNER agrees to file any necessary petitions and agreements to request annexation and/or 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. QBCHI\449028.9 3- 5.FINAL PLAT AND PLANS. The CITY acknowledges receipt of an application for approval of a final plat of subdivision and final engineering plans (collectively, "Final Plan ") for the PROPERTY. The CITY shall adopt within sixty (60) days from the Date of this Agreement an ordinance or resolution, to be executed by the Mayor and attested by the City Clerk, approving the Final Plan so long as the Final Plan substantially conforms to the approved Preliminary Plan. If the CITY determines the Final Plan is not in substantial conformance with the Preliminary Plan, it shall provide written notice to OWNER of all such non - conformities within thirty (30) days from the Date of this Agreement. OWNER shall resubmit a revised Final Plan addressing the non - conformities identified by the CITY and the CITY shall approve the resubmitted Final Plan within thirty (30) days of its receipt. OWNER may develop the PROPERTY in a maximum of three (3) phases provided that any individual phase contains a minimum of twenty -five (25) lots. Public improvements for an individual phase will be constructed in accordance with the portion of the Final Plan applicable to such phase. The first phase of development shall be as depicted on the phasing plan attached as Exhibit "E" and the on -site improvements for such phase shall be constructed in accordance with the approved final engineering applicable to said phase. The required public improvements for the first phase of development shall be completed within four (4) years from the date of approval of the Final Plan. The second phase of development shall commence within two (2) years after completion of the first phase of development. The public improvements to be completed in the second phase of development shall be completed within two (2) years from the date of commencement of the second phase of development. The third phase of development shall commence within two (2) years after completion of the second phase of development. The public improvements to be completed in the third phase of development shall be completed within two (2) years from the date of commencement of the third phase of development. OWNER, at its sole option, may proceed with development of the PROPERTY on a shorter schedule than that set forth above. 6.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 contained in the approved Final Plan for the collection of sanitary sewage generated by the PROPERTY the Sewer Improvements ") and all on -site water mains, distribution lines, and other improvements contained in the approved Final Plan for the provision of potable water to the PROPERTY (the Water Improvements "), in accordance with City Code and in phases as OWNER may choose pursuant to this Agreement. Notwithstanding the foregoing, the CITY has identified the potential need for a well and water treatment facility to be located on the PROPERTY. Should the CITY determine that such a well and water treatment facility is required, the project shall be considered an off -site improvement to be performed by the CITY and to be financed by the proceeds of Revenue Bonds or Special Tax of the SSA. The location of the well and water treatment facility shall be limited to Lot 221 of the Preliminary Plat of Subdivision. OWNER shall dedicate to CITY and CITY shall accept dedication of Lot 221 prior to commencement of any work on the well and water treatment facility. QBCFM449028.9 4- 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 of the Public Sewer and Water Improvements in accordance with the procedures set forth below under the section entitled Procedure for Acceptance of Public Improvements and thereafter shall assume responsibility for all maintenance, repair and replacement thereof, in accordance with City Code. Dedication of the Sewer Improvements and Water Improvements may occur independently or collectively, as determined by OWNER. 7.STORM WATER IMPROVEMENTS A.Owner's Obligation. At its cost, the OWNER shall construct all storm sewers, detentions systems, and compensatory storage facilities contained in the approved Final Plan for storm water drainage from the PROPERTY ( "Storm Water Improvements ") in accordance with the City Code and in phases as OWNER may choose pursuant to this Agreement. B.Dedication. All Storm Water Improvements shall be owned and maintained by the OWNER or a homeowner'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 homeowner's association fails to maintain them C.City Cooperation. The CITY shall cooperate with the OWNER, at no cost to the OWNER for out -of- pocket expenses, and execute all applications, permit requests, and other documents necessary or desirable to obtain storm water approvals from any other governmental agency. The CITY shall not be entitled to compensation for its time and services associated with assistance obtaining storm water approvals. 8.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 carry 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 or other governmental agency and are not located within building lots, collectively, "Common Facilities "), through assessments levied against all dwelling units within the PROPERTY. 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 QBCHI\449028.9 5- 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, at its sole cost and expense, enacting at the time of final plat approval, or at such other time as the CITY deems necessary, 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. A maintenance easement for the benefit of the CITY shall be established over all of the Common Facilities located on the Final Plans. 9.ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. Subject to the opt -out provision set forth below, the CITY and OWNER agree to participate with the other owners and /or developers (collectively, "OWNERS ") of the property within the area generally referred to as the "Southwest Infrastructure Development" described in Section 10 below 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. OWNER shall have the right to opt -out of participating in the SSA by providing written notice to the CITY of its intention to independently fund OWNER'S pro rata share of the infrastructure improvement costs as set forth on Exhibit "AAA -2 ". Written notice of OWNER'S intent to opt -out of the SSA must be provided in accordance with the Notice provisions of this Agreement and by thirty (30) days prior to (i) January 15, 2007, or (ii) actual issuance of the bond(s), whichever is later. OWNER will pay its pro rata share of the costs no later than the date of the bond issuance in readily available funds. OWNER'S failure to provide notice within the required time period shall be deemed to be its consent to participate in the SSA. The CITY and OWNER shall cooperate in good faith to identify and agree on the maximum amount to be financed and the appropriate structure for the financing, which the CITY and OWNERS currently believe will consist of one or more SSAs 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 OWNERS. However, CITY and OWNERS 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. A draft bond term sheet including the average estimated special tax payments are attached as Exhibit "FFF ". The burden of the assessment is limited to and shall burden only those properties generally referred to as the "Southwest Infrastructure Developments" described in Section 10 of this Agreement and any other properties joining in the SSA. QBCHI\449028.9 6- 10. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDING GREENBRIAR ROAD EXTENTION (SOUTHWEST INFRASTRUCTURE DEVELOPMENTS) A.Cross Contingencies. OWNER and CITY agree that enforceability of this agreement shall be contingent upon the CITY's approval of annexations for all five (5) developments commonly referred to as the "Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit "AAA ". 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. Nothing contained herein shall be construed as creating joint liability between the OWNERS for another OWNER'S economic or performance obligations. B.SSA Funding. Upon execution of annexation agreements by the OWNERS for each of the Southwest Infrastructure Developments, CITY and OWNERS agree to establish individual Special Service Areas (SSAs) within each of the developments listed on Exhibit AAA ". CITY shall then take action to issue Special Revenue Bonds by January 15, 2007 in an amount sufficient to fund the infrastructure extension, otherwise OWNER shall pay the fees set forth on Exhibit "F" necessary to proceed with its individual development. Upon payment of the above fees CITY will issue building permits for construction of on -site improvements and the CITY will permit OWNER to commence and complete those off -site improvements as shown on Exhibit "G". In the event OWNER proceeds with its individual development pursuant to the provisions of this paragraph, the CITY shall obtain all easements, rights -of -way, permits, licenses, consents and approvals necessary to construct the off -site improvements required for OWNER'S individual development in accordance with the CITY'S obligation in "C" below. The formation of the SSAs and issuance of Special Revenue Bonds is intended to render the following results: 1.All areas will be within the SSAs, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA, and that all SSAs 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) in special tax bonds. 3.The special tax revenue bonds shall be used to construct the infrastructure described on Exhibit "AAA" ( "Southwest Infrastructure "). C.CITY'S Obliization to Obtain Easements and Rights -of -Way. The CITY shall obtain or acquire all necessary rights -of -way, easements, permits, licenses, consents and approvals required for construction of the Southwest Infrastructure. The CITY agrees that in the event it is unable to obtain any easements or rights -of -way necessary for construction of the Southwest Infrastructure, the CITY shall use its power of eminent domain, including quick take powers, to condemn such easements or rights -of -way. QBCHI\449028.9 7- D.Cost Containment, Overruns. In order to reduce the risk of cost overruns, OWNERS agree that the amount of bonds sold should not be determined until bids have been received by the City for construction of the Southwest Infrastructure. All contracts for work, other than engineering services to be performed by Engineering Enterprises, Inc. ( "EEI ") and Walter E. Deuchler Associates, Inc. ( "WEDA "), performed in conjunction with the construction of the Southwest Infrastructure shall be deemed to be Public Improvement Contracts pursuant to Section 1 -7 -3 of the Yorkville City Code and shall be subject to the competitive, sealed bidding requirements of subsection C.1. -2. of Section 1 -7 -03. Since final engineering must be complete prior to seeking bids, OWNERS agree to front fund within thirty (30) days from the Date of Execution of this Agreement the amount indicated on Exhibit "BBB" for final engineering and to receive reimbursement for said sum from the sale of the Revenue Bonds; provided, OWNER shall receive no reimbursement in the event it exercises its right to opt -out under Section 9. OWNERS 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 comments and provide written documentation and justification of said overruns. All OWNERS shall be responsible for contribution, based upon the same ratios and rationale used in Exhibit "AAA" if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds, up to a collective amount not to exceed one Million Dollars ($1,000,000.00). The CITY further agrees to proceed with the engineering, site selection and acquisition, easement negotiation, design, agency review, bidding and contracting, construction and sampling and testing for completion of the Southwest Infrastructure in accordance with the schedule attached as Exhibit "CCC". Should CITY fail to timely complete any stage of development as set forth in Exhibit "CCC ", OWNERS shall have the right, but not the obligation, to take over the project or any portion thereof and complete such project. E.Proceeds Of Bonds To Be Used To Extend Green Briar Drive. OWNERS agree that traffic ultimately originating from this development, as well as all "Southwest Infrastructure Developments" will give rise to a need for the Green Briar Drive extension to Pavilion Road. One of the first uses or the Special Tax Bonds shall be the acquisition of right -of -way for the Green Briar Drive Extension. The CITY deems the construction of Green Briar Drive as a high priority and agrees to proceed with construction at its sole cost and expense as soon as funding is available. In addition, OWNERS agree to use their best efforts to route all construction vehicles in excess of eight (8) tons along state Route 71 to Pavillion or High Point Road and then to the development, and not allow such construction vehicles to travel along Fox Road from Rt 47 to the development. Each OWNER'S obligation as to routing of construction traffic shall be only as to those construction vehicles under the direct supervision or control of said OWNER or as have been hired by said OWNER. F.Pavilion Road Improvements. i.In conjunction with the Southwest Infrastructure Developments, Pavilion Road is to be reconfigured and widened and its intersection with Foxfield Drive is to be improved as more fully depicted on Exhibit "H ". The improvements depicted in Exhibit "H" are a project to be conducted by the CITY and financed with proceeds from the Revenue Bonds or Special Tax of the SSA. OWNER shall have no obligation with respect to said improvements other than its monetary obligation set forth on Exhibit "AAA -4 ". QBCHI\449028.9 8- ii.The CITY hereby covenants that use of the existing right -of -way for Pavilion Road shall be limited to open space, trails, future roadway and similar purposes but that no buildings, maintenance facilities or other similar structures shall be constructed or permitted within said existing right -of -way. The CITY further agrees that it will restore any portion of Pavilion Road no longer used as a road to a natural state (e.g., graded and seeded for grass) at the time the improvements depicted on Exhibit "H" are constructed. G.Recovery of Infrastructure Improvement Costs. The CITY is requiring OWNER to pay additional fees to fund the cost of certain municipal improvements that provide regional and citywide benefits. The CITY shall enter into an agreement with OWNER providing for the recovery ( "Rebate Agreement ") by OWNER of the additional cost of such municipal improvements. The CITY shall provide for such recovery to OWNER from the Water Connection and Sanitary Sewer Connection Fees ( "Rebate Fees ") (or any other fee the CITY adopts to replace or supplement the Rebate Fees) it collects in conjunction with the development of any property depicted in Exhibit "DDD ", excluding the Southwest Infrastructure Developments. The Rebate Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "EEE ". In addition, the CITY recognizes that DEVELOPER is being required to construct a sixteen inch (16 ") sanitary sewer main through its property even though an eight inch (8 ") sanitary sewer main is all that is necessary to serve the property, in order to provide sanitary sewer service to the "Chally Farm" and "Yorkwood Estates" developments as depicted on Exhibit "I ". The CITY shall require Chally Farm and Yorkwood Estates to tap on to the sanitary sewer main being constructed by DEVELOPER but only upon confirmation by DEVELOPER that it has received reimbursement from the OWNER of all or any portion of the Chally Farm/Yorkwood Estates properties prior to tap -on. The CITY shall notify DEVELOPER upon receipt of a request for the Chally Farm and/or Yorkwood Estates properties to tap on to said sanitary sewer main and DEVELOPER shall confirm if it has received repayment from the owner of Chally Farm/Yorkwood Estates for the difference in cost of a 16" and 8" sanitary sewer main. 11. SECURITY INSTRUMENTS. 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 an individual phase of development of the PROPERTY. 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 at the time of execution of this Agreement, except as modified in this Agreement. OWNER shall submit the Security Instruments for on -site improvements for an individual phase of development no later than thirty (30) days after the pre - construction meeting with CITY representatives and City Engineer as required by the Yorkville City Code. OWNER may submit to the CITY a request for reduction of the Security Instruments not more than once every 30 days. The City Council, upon recommendation by the City Engineer, shall approve a reduction or reductions in the Security Instruments by an amount not in excess of ninety percent 90 %) of the value of the completed work certified by the City Engineer, so long as the balance remaining in the Security Instruments is ten percent (10 %) of the estimated total cost of the Land QBCfM449028.9 9- Improvements. If a request for reduction of the Security Instruments is denied, the CITY shall provide OWNER with a single written notice of all reasons for denial within fourteen (14) days of receipt of a particular request for reduction. CITY shall approve the reduction in the Security Instruments upon OWNER'S compliance with the items listed in the CITY'S letter of denial. 12. 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, except as modified by this Agreement. 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 a recommendation not later than thirty (30) days from the date of the OWNER'S request for approval of 4ny Land Improvements. OWNER shall be entitled to submit to the CITY for acceptance of Land Improvements in phases upon the completion of a particular system or improvement (i.e., water distribution system, sanitary sewer system, streets, sidewalks, and street lighting, mass grading, landscaping) within any individual phase of development. Upon acceptance of a particular improvement by the CITY, and dedication of said improvement to the CITY, the portion of the Security Instrument for such improvement shall be reduced to zero and OWNER shall provide a Maintenance Bond (as defined in the Yorkville Subdivision Control Ordinance) in an amount equal to 10% of the particular Land Improvement. The term of the Maintenance Bond shall be for a period of one (1) year. 13. OVERSIZING. A.In the event the OWNER proceeds with its individual development pursuant to the provisions of Section "10.B." and 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 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 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. QBCHI\449028.9 10- 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. 14. PROJECT SIGNS. A.On -Site SianaRe. 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') at the following locations: 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 as provided for in the City Code. 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. The OWNER shall have the right to install, subject to its receipt of plan approval from the City Administrator (unless previously approved as part of the Final Plan) 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 in accordance with City Code. No entrance monuments shall be located in public right -of -ways or roadway easements and each monument shall have adequate separation from underground utilities. All other signage installed and maintained within 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 SiRnaae. 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 shall be responsible, at its expense, for obtaining all necessary QBCHn449028.9 11- 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. 15. 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 within the above time period 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. B.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 "J ". C.Completion of Improvements Prior to Occunancv. The CITY agrees to issue certificates of occupancy within seven (7) working days of a 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 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 times during construction the OWNER shall be responsible for removal of construction debris and waste related to the PROPERTY. 16. 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 OWNER'S, 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. QBCM449028.9 12- I I 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 "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. 17. ONSITE EASEMENTS AND IMPROVEMENTS. 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's 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 borne 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 QBCHI\449028.9 13- 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. The CITY shall receive no compensation for the services it agrees to provide in this Section. 18. 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) year 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. 19. 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 OWNER shall construct the Path in accordance with approved final engineering plans and specifications within two (2) years of the pre - construction conference for the first phase of development required by the Yorkville City Code. 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 appropriate access (curb and gravel) being available to the dedicated park site for construction. CITY shall be responsible for all improvements to the park property (Lot 224 of the Preliminary Plat of Subdivision) upon dedication of the PROPERTY to CITY, excluding OWNER'S grading obligation. 20. 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 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 foot (5') buffer requirement in the retention areas and to QBCHR449028.9 14- I have retention ponds with an area of less than two (2) acres as depicted in Exhibit "K". The CITY further approves all other variances, exceptions, deviations or departures necessary for the Approved Plans to conform with all CITY ordinances governing the subject development. 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 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 PROPERTY except upon the written consent of OWNERS during said five (5) year period. The CITY shall give the OWNERS 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 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 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 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 PROPERTY pursuant to the express and specific mandate of any State of Illinois or federal governmental authority, such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however, that any so called "grandfather" provision contained in such governmental mandate which would serve to exempt or delay implementation against the 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 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 anything to the contrary contained herein notwithstanding, the OWNERS may proceed with development or construction upon the PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 21. 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 PROPERTY. QBCHI\449028.9 15- 22. REMEDIES. 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: A.This Agreement shall be enforceable in any court of competent jurisdiction in the State of Illinois by the Parties and their successors and assigns. Enforcement may be sought by an appropriate action at 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. i B.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. C.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 written notice of said breach to correct the same prior to the non - breaching Parry'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. D.In the event the performance of any covenant to be performed hereunder by any Parry is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, license, or and any similar cause), the time for such performance shall be extended by the amount of time of such delay. E.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. 23. PARTIAL INVALIDITY OF AGREEMENT. A.This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11- 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 QBCFM449028.9 16- 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 annexation, plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such annexation, plans and zoning ordinances effectuating the annexation, zoning, variations and plat approvals proposed herein. 24. NOTICES All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, 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 OWNER:Aspen Ridge Estates LLC 19250 Everett Lane Suite 101 Mokena, Illinois 60448 Attn: Paul Dresden copy to:Robert Gamrath, Esq. Quarles & Brady LLP 500 West Madison Street Suite 3700 Chicago, Illinois 60661 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. 25. 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 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 QBCHI\449028.9 17- 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 Partv 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 with respect to said construction until it is complete 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. F.Representations as to Further Action. The CITY and the OWNER hereby agree to take all reasonably 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 Paraparaph 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. QBCFM449028.9 18- 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, or the OWNER, including, but not limited to, county, state or federal regulatory bodies. 26. 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 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.E.Upon any sale, transfer or assignment of the PROPERTY, the OWNER shall no longer have any rights or obligations hereunder other than those rights that vested prior to such sale, transfer or obligation. F.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. QBCfM449028.9 19- 27. 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] I QBCHI\449028.9 20- 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: Atte . ity et Date of Execution:2006 Date of Execution: 746Le U & r O 2006 QBCM449028.9 21- STATE OF ILLINOIS COUNTY OF KENDALL) On this V1 day of AUO 661 2006, before me, the undersigned Notary Public, personally appeared AP--Wu P - F. AleWHA6VA,a d JACQUELYnl M15C'HEW known to me to be the Mayor and Clerk of the City of Yorkville, an Illinois municipal corporation, and executed and acknowledged the Agreement to be the free and voluntary act of the City of Yorkville, for the uses and purposes therein mentioned, and on oath stated that they are authorized to respectively execute and witness this Agreement and in fact executed and witnessed this Agreement on behalf of the City of Yorkville. too- OFFICIAL SEAL NOTARY PUBLIC LISA PICKERING NOTARY PUBLIC STATE OF ILLINOIS My Commission Expires: /3 ogMYCOMMISSIONEXPIRES:12N3106 STATE OF ILLINOIS COUNTY OF ) On this day of k tC U, i 2006, before me, the undersigned Notary Public, personally appeared Paul Dresden known to me to be a Member of Aspen Ridge Estates LLC, an Illinois limited liability company, and executed and acknowledged the Agreement to be the free and voluntary act of the company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute this Agreement and in fact executed and witnessed this Agreement on behalf of the company. Vo LIC OFFICIAL SEAL GLISAPICKERINGMyCommissionExpires: X0 « O 6NOTARYPUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:12113108 QBCFM449028.9 22- EXHIBITS A. Legal Description B. Preliminary Plat of Subdivision C. Preliminary Engineering Plans D. Landscape Plans E. Phasing Plan F.Fee Schedule G. Individual Development Off -Site Improvements H. Pavilion Road Improvements I.On Site Sanitary Sewer Benefited Properties J.Appearance Code K. Detention Pond Modifications AAA. Overall Infrastructure Funding Summary and Funding Distribution AAA -1 - AAA -5) BBB. Front Funding Distribution Summary CCC. Schedule for Completion of the Southwest Infrastructure DDD. Benefited Properties EEE. Rebate Agreement FFF. Draft Special Tax Bond Term Sheet II I QBCHI\449028.9 23- EXHIBIT A PART OF THE EAST HALF OF SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE WEST HALF OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF " PAVILLION HEIGHTS, UNIT FOUR, KENDALL COUNTY, ILLINOIS ", BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 6 AND PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14TH, 1987, AS INSTRUMENT NO. 872853;THENCE SOUTH 80 DEGREES 29 MINUTES 42 SECONDS WEST (BEARINGS BASED ON GEODETIC NORTH - GPS OBSERVATIONS) ALONG THE NORTH LINE EXTENDED OF SAID " PAVILLION HEIGHTS UNIT FOUR" ALSO BEING THE NORTH LINE OF A PARCEL DESCRIBED BY DOCUMENT #94- 01410, A DISTANCE OF 576.28 FEET; THENCE SOUTH 80 DEGREES 32 MINUTES 33 SECONDS WEST ALONG THE NORTH LINE OF A PARCEL DESCRIBED BY DOCUMENT #98- 08584, A DISTANCE OF 1345.72 FEET TO A STONE MONUMENT; THENCE NORTH 08 DEGREES 08 MINUTES 10 SECONDS WEST ALONG THE WEST LINE OF THE PROPERTY DESCRIBED BY DOCUMENT #20020004259, A DISTANCE OF 1822.96 FEET TO A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 463.93 ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 36720 FEET, THE CHORD OF SAID CURVE BEARS NORTH 64 DEGREES 36 MINUTES 24 SECONDS, 463.94 FEET; THENCE NORTH 64 DEGREES 16 MINUTES 01 SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 796.97 FEET; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 305.79 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 36045 FEET, THE CHORD OF SAID CURVE BEARS NORTH 63 DEGREES 59 MINUTES 31 SECONDS EAST, 305.79 FEET; THENCE NORTH 63 DEGREES 45 MINUTES 58 SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF 709.33 FEET; THENCE SOUTH 63 DEGREES 28 MINUTES 11 SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD PER QUIT CLAIM DEED RECORDED AUGUST 22, 2002 AS DOCUMENT 20020019272, A DISTANCE OF 69.83 FEET, TO A POINT ALONG THE WEST RIGHT OF WAY LINE OF PAVILLION ROAD; THENCE NORTH 05 DEGREES 01 MINUTES 01 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE OF PAVILLION ROAD PER QUIT CLAIM DEED RECORDED AUGUST 22, 2002 AS DOCUMENT 20020019272, A DISTANCE OF 59.64 FEET; THENCE NORTH 63 DEGREES 45 MINUTES 58 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE OF FOX ROAD, A DISTANCE OF 26.82 FEET TO A POINT ALONG THE CENTERLINE OF PAVILLION ROAD; THENCE SOUTH 05 DEGREES 01 MINUTES 01 SECONDS EAST ALONG SAID CENTERLINE OF PAVILLION ROAD, A DISTANCE OF 202.91 FEET; THENCE SOUTH 22 DEGREES 16 MINUTES 52 SECONDS EAST ALONG SAID CENTERLINE OF PAVILLION ROAD, A DISTANCE OF 2346.22 FEET; THENCE SOUTH 80 DEGREES 29 MINUTES 42 SECONDS WEST ALONG THE NORTH LINE OF SAID " PAVILLION HEIGHTS UNIT FOUR ", A DISTANCE OF 895.26 FEET TO THE POINT OF BEGINNING, IN FOX AND KENDALL 'TOWNSHIPS, KENDALL COUNTY, ILLINOIS CONTAINING 125.83 ACRES MORE OR LESS. i l SY 6 3 W a g I a b p z ! 1 4 r " ! a y i 95ba8 <$ qq p S L at b ga iea $ y t 9 Ir, 1gXS3yy yy"o p A 3a,tya` ' l.A• T n TS'i^ n E s4YSSii a! 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S m ".<+ 9•a " cam =,. ? g,a__< ;'_: att W31 iI : ts* SUN avetic s a. y a W33 xY as " • a.: ° ; ° ° a— ae:cg3wa• a " asS, . xwa_"'' I, an Y- aLI $ I I I I l 3 xs ug rz nI cesce -, fie zerosR:z'e- tixalx nn == gE 3 T 3, - a i A a v ` r 1 Y a c i'^5' a 1' 3 c3c3'? 33 e3e? 9 9` 3ea %'- aga I»' a 11 1 _ 5 u 1 ASPEN RIDGE 9u1 IN PRELIMINARY PLAT OF SUBDIVISION YORKVILLE, ILLINOIS p'FOX AND KENDALL TOWNSHIPS, KENDALL COUNTY SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST AND SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EASTwEXISTINGZONING - (KENDALL COUNTY, A -1) PROPOSED ZONING + (CITY OF YORKVILLE, R$) GRAPHIC SCAIF 84 EXHIBIT B II iAr l by Nb'+ 1 I t w v' / ^ pQ 9J M1,1. p•,yr r \ 1 Yw 1 1 rues5y%+1 Y 1 1 /7 I;;1r A •',{I ':` ^''_ `°i°L'rJ 4 lop ry I"';r° %'p 0 -1 4'r 11 Et I.w „x, as vm 1 ISyaMd K.y 7a q I Eras s is L r. M 4 fie ,j' V gyp,4,. 1 a"n rnN I`, J _ r7J'L - Cr, -' - l. 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Y'HINC CONBUIlIANTB, INC.i ASPEN RIDGE PRELIMINARY PLAT OF SUBDIVISION OlJrtlrl M•RmIM11t IemIM rmr I Im - moles YORKVIL.L9, ILLINOIS W o wr°a °m wr• r FOX AND KENDALL TOWNSHIPS, KENDALL COUNTY JJI SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST AND 3EOTION 6, TOWNSHIP 36 NORTH, RANGE EAST EXISTING ZONING (KENDALL COUNTY, A -1) PROPOSED ZONING (CITY OF YORKVILLE, R•3) G"I'EXHIBIT B op rn Agoo .s :: \ -L- I f. i 2 Ok HIC sc= Imrml 1u.o -u.n 1 D de i R b Y 9 l 1 `al, fy ifs ~« ym 'Pur 1_a `° 11 1 I0 Kv y L - 1* g '. 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IN GC. INC.rn PRELIMINARY ENGINEERING PLANS PREPARED I YtM 4n coq L nYN IL: r IYA -Ywla ASPEN RIDGE ESTATES YORKVILLE, ILLINOIS FOX AND KENDALL "TOWNSHIPS, KENDALL COUNTY SECTION 1, TOWNSHIP 36 NORTH, RANGE 6 EAST AND SECTION 6, 'rOWNSHIP 36 NORTH, RANGE 7 EAST EXISTING ZONING (KENDALL COUNTY, A -1) PROPOSED ZONING (CITY OF YORKVILLE, R -2) PLANS PREPARED FOR: ASPEN RIDGE ESTATES, L.L.C. 19250 EVERETT LANE, SUITE 101 M ©KENA, IL 60448 PROJECT CONTACT: MR. MARVIN DELAHR PHO (708) 479.1306 FAX: (708) 4796537 y Arm MdP AREA 9re — WWOAWSr 3",InunAr ANnrt.r +lll It 8., ndvrr Nr (hn n:.:rlllYne +l I:orrlw ur t • rrn ' 1m kouJ Ynd fnrN"" r""'a a 1I wlN I ',R nrt r , Rl,r, IYT /i 11CYARWrUF,um !!lily I /nn fJtnlNlY J:1 a' e w aw JU°,ir5 MYmmrnl of dm uallllNrAl rnncr ar AiulWa)d Recd iy d Inn mOrnnd rrnssblq nfrfll o! rnr r:nnJ1. LllnnumMl 7, n 117M IuU tlJl 1il7 :r 6 f:Ip...f u,, u5G5r,wnoclwnprd d7b'4v cur'cre1N 1, #•,I' fY nN rslzn•r p, , -a .p ill w ". 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NY9- JrgRJN F i,Er I PS rn HI, *91 sc" Ui J 5111TH h mc- an 1PHIC ?GALS EXHIBI I U KUMAN MMMIml1L DCM9 IBY A M-Ml- f I 5_ 1 2 U r' y.1 (i w n.nn.... •,.......n,re. 07 v ` l , f lale lar,g , u IMW 1 I / WIVI lalp r 11 I` y. I I ' _ I i i 1 `- ' w : 1 eroYn .eras:. a. rwu O w ^IrY. ,`•1 ''m _, _ .-=. 1. .s.• H 1±1rw nw,'. °rr am'"`0'f Q, )il Wan 7 r' i - 'laa , + . Ir- 7 VS 4 r.M .tar l 4_1 GPADAR; PLAN AS.N MW MrAMS hi t^kurw_l Ulm - _K&M hP OlwI l -V 1n J (T.3 i P.11 N/A i- e iClambw/ RY= 4orS Or NOTE: 5° c 5hcat --2 'or Plan: _•m:. OePJ 1f>tim00m °iao 22= b dear n toa as c OIt. Pork one aMdil A -I 5' J GGUNTY NOTE 5 - Fwt L 7a:alls. °ordTrcaT be co^s >,ctco to :hc Jt.' c Pork cgeoop' nont % C NOT ondo ZONING I 'Plar.; _ a:, 5itledaro 9R °er x: aildeM 's—, Nrs also. Inmtolla:cn o ana° s, Pnal d' ^. -O! 2%- 95 eno °smol' mnlao :w= ease. All site v°mers n._. A - 1 GGUNTY ermp' O NOTE: All °^ OS aeadGO nthYJCtMe c ° a- rleA>' umpso. m.r.ae+r. oc prc ee w ne Forka Coao -: +ant,j _ S%shod ce ce+erae wly ST S:rcp J : y " araalo -. co -ol p, pera.mr. r m. a.l. e< m NO : E. nc c Plus c_ 5EO Eno NO-E See 5„°e: 75-1 eo - rae 5. ^.etl ''c' 1- V A' nlna :a' aI -Are]: ..'.UOr S SpaGiFlGa: ions ac°rd'ra °x 5: lrp ' / eaeR:l°r O^ :nlp i.e- N0A -1 5GOWT' No x°e. roe so!' aoclaw _ -rY.' from v -= Soe Ence. Plers r, 5E Enc Fc' ee'. ails e w / - I'. r moo.-; 1 -1 " Stroo: !Ian:, ArentL "'ronV' ole9 C e FCeS• Andra 660<61 -J 1 Y aer-.e.Et--.REVISIONS FOR T2c S. RVS" Qe - oveve.._ ee +rHvs i r 6 - SEED 53 6-- sc N— rc 1 4 {r' 65: MnL. 0° NY.d ARE, w.¢ ah a. Yy/1 F 5./ Lt. @Ya¢ rPW¢. Pon s, c®l II, '•``:O°9J SPACE AREAS A END Pr^ v'rX 1 c AT S w, -s B r; 7A' RASPENRIDGE Ywd Alwtrcc- aYS-. sESTATES Aw k ACA53_' nEVP¢nWEYORKALE, IWNOIS 4 J 91< C A SHALL I•PM0n5ELY.l•( OPEN SPATE TR° P5 E B 51- E PRAIRIE AI PAVIL.L JN SHALL °.. MAIN - AID, m \ .[M - 5 '-. STA, A PLAN T0 BE v ALI `= ti O °E PJT INw PL!: EFOROLA_tT' RROL i 7,/ i t Pm0°0iJ 31<E PATM A00UN7Y A PAGE FV- RfALL BETr@. T/ PRAIRIE r l JO PAW`nONlam- iMINTNIED 1 IN IT¢v gIW.TSTATEYdT} I -IENf YYY w V PJ, N M RJf.. P!'PLAOEPOAdIPLIITCOKRiOLT I - V- E• L— y 1 P¢OPC°kD9A2PA`HW OPENDRAMAREArRronoaRE 1V y JaT q' - _,J' 4` 1' PAMSMALLSE542TPRAIRIE FOR OR, 501LS l ! IIti r' -ti, n I I ^'1`r I ± \'•` t ` OPENSPACEAREASPRAIRIEASPENRIDGE TTESAES I L. L.C. EK15TIN5 "REr3. SEE5NEETTE-: P. 0BOX1356 FORTREE'SRVEr:T'PJFRANKFORT. ILLINOIS 1m60423 l f=I ves/ Ry on o "I n A -1 COUNTYGroup, Inc. UUE f Y y 1001 -ARbN01SIrM dima Fie ($Mn -oeTa f -..,. L ` rm I V! y I1'Ewm1: Ivaryml0bol. ovn STREETTREE /POND 1 I V s z ' P ;, ?.`. \\ a, t'.\TREATMENT JNORTHLANDSCAPEPLAN t \I 1XI1remmerla.: MmeIro: ZONING R3 COUNTY i'L5057227A i SHEET EMSTINS -RMS. SW SHEET TEA FOR TREE 51, -Y rrYP)A - I COUNTYL- aaa> alpezaaea.. /y. o o. w JREVISIONS ASPENRIDGE ESTATES 1 1 . s. I 1 ' r 1vYORKVILLE, ILLINOIS e i ` I j; •; \`Lww w jai j i/ i m FOX RD. r UFFER LAND50AF- E PLAN J SCALE, PAVILLION RD. ENTRYLAND5CAPEPLAN0 ASPENRIDGE n ..> . ESTATES, L. L.C. y w a A,,., w-rer as w..a,....w... r... r..e. soc- P.O. BOX1356 FRANKFORT. ILLINOIS aw •»W..I60423 Ives /Ryan Group, Inc. LandPl.. Ig LaadxapeArchitecture w+ w.,Vw TM ,,,,,, „ earl_ ceiUKCauseArchitecture r W. r. ®f• w 1001 -ANoNNSUM I+. a rou rvvr., n tis+ov ae xr.op. ar. w,nw.x rmrfraw rsrwur.raamsNaps,. IL &0463 p. ro wr, PM1mc (a.] 0) ]I] -0] M Fac (aao) ]1]-00]5 r.. e nrw.rw, erw on. a. n. wueem..r w+ sieswE -YeLIvwryanOaalorn t,\e ann. ve. y. eay. y sr... i`n e r.,.rwr.. r.m. •v.ave w.. zee a e..a,a, r•..., r.w> y awra..a •c. mpop N CALLFOXRD. ENTRY & auLLleFOXRD. BUFFER LANDSCAPEPLAN TRe u® ! 00'DaE ateL5047227A mTe: " " SHEET FOX RD. ENTRY FEATURE LAND50APE FLAN LQ2 0 V- 20,NOTE: See Sneet L -3 for Dctalis, PondTreotmentMW °f• ° Plant List, Sideyord FMFer Oetolls andGererolNotcs. NORTH 2Mi /Uy= C— pJac. MESIC, PRARlm PLOKMS e MI- 7= 7 REVETONS 1:22:0 DECIDUOUS TREE EVERGREEN TREE0 ASPENRIDGE ESTATES Z=YORKMLLE, ILLINOIS 7j mVZZ"777 m 0 BED PLANTING DETAIL 0 SHORT PRAIRIE POR 0RY SOILS v w` ww r uwwaq• wvn, r -.o ..,o., ASPENRIDGE ESTATES, L. L. P. O. SOX1356 FRANKFORT, ILLINOIS 60423 Ives/ Ryon 9 Group, Inc. 21Lan! rPJItn4nltoreg WndPW T_Gdf = Alhft.tl. 1W- AH,- IL llW F. (6W) 717 73 E- vPLANTLISTS, DETAILS GENERALNOTES e m _jl:,;.1.,` °,I zT " „ti O TII7 L5047227A SHEET LOT 121 SID =YARD 5Uf= FF-R DETAIL LOT 4 & 5 511;) E"rARC) BUFFER DETAIL 1- 10 0LE SMITHENGINEERINGCONSULTANTS, INC. crvD srnucruw.wcvamis ,1NNDwavcrovs BJIII01] PRDRtLONALD90NPOWIIN- O003Y! ai I IIIII • I? rrnrrimr pusxcen tl N i s 0POTENTIALP14AEISUMMARY 98SINGLEFAMILYLOTS IIII M p I I70. 34AC. -TOTALPHASE7ACREACE 73 x FUTUPE 8144 SE Q i` i ASPENRIDGEES MILY U NITS ON I ••CJ/217SINGLELEFAMILYUNITS I I • PHASINGEXHIBIT I ' L nEVe0u5DRABBT: DATEPBQIECTN0. I• I • QIEC® BT. MT. SCALE91EEIA. f I EXHIBIT F Name of Fee Amount Time of Pavment 1 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 1 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development, at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee 3,523 per acre PAID BY SPECIAL TAX PROCEEDS 650 + $.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee 3,700 per unit PAID BY SPECIAL TAX PROCEEDS 1 7 Water Meter Cost (not applicable to fee lock) 390 per unit Building Permit 1 8 City Sewer Connection Fee 2,000 per unit PAID BY SPECIAL TAX PROCEEDS 1 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 Police (Development Impact Fee)1$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 "lime of final plat approval or within 90 days of when all City infrastructure is 11c Municipal Building (Development Impact Fee) payment"available to the development, whichever is later. 11d Library (Development Impact Fee)1$500 per unit 1Building Permit 11e Parks and Rec (Development Impact Fee)1$50 per unit 1Building Permit 1 1fi Engineering (Development Impact Fee)1$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 I 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 I per acre agreement and land /cash donations negotiated 1 14 Road Contribution Fund 1$541 per unit 1$1,459 (per unit) PAID BY SPECIAL TAX PROCEEDS 875 per unit, escalating each calendar year at a rate determined by 15 County Road Fee ordinance 674 (per unit) PAID BY SPECIAL TAX PROCEEDS 1 16 Weather Warning Siren 1$75 per acre 1 Final Plat actual cost 17 Administration Review Fee Upon receipt of invoices actual cost 18 Engineering Review Fee Upon receipt of invoices I N. 4 p 1 - :g`r ,Ya ',d. .. ''F -' ,tt* - 4 } - • N eY` ' Pfpept ?Y, C i2c 1 : of . n:ti ` d3 ` R S. (i: 4p r Tx,: r 1b.pgJ Mf$' -.97' ti cdt ii Y: i1+iii -l.r'f "'•` -t :S> l'1 "• f1f`. k r-e ,h' 1 .. cam F_. S+• {- G j+ n` k 'iT h } ( t - k r 4 i y ti i, 4 '' - k' d 1 q5.. '- rai" r' '. t s• : 51 i . T „•..” x 5 11 v ` i - 4r _rtlF7.. E 'YSi+:• r~ Jw"-f l a,;to w 3Ea .- L +ft 4w; f• c ti - 'Ri° r, 1r.'`fl aa'+ r w" ` -° Rr• rw o r 1a3f+ 1 °p dt ra, ` _t Hr e,', k1 , ;S c.'' ,j rIa w ' ;', , `n; ffop lrr f f s t ' S,TGS l4{ ti• f r s ' aY ; A rJYKa c i+ !cr• MIR HOME4N9 x r i r. p i."' _. ,7"„ ' - fr _ S : 7{ wl• fir. Taw - K . y Jt ` - . (k - I . ,•- .in....a_ - 2 y b r r i f._ 6' ii€ ra _irlo 2 - i. J' a' sF +#. 3y r'- (1'I+. ts,fly d. !a , -e ms`• r r S a.''•+^+.: 161 ACilvs m•+nx. 348 DI) FF f{ W. V4 m '' k41 ; 1 I ? i' -- Ir r/ li tfl-,i r' . a,. rzus. ?'i^ r ` G;,:. tr WN q v r i .:s v +tfi y,to- b. .,Sw.. -''t F!' _,sf' .., -' r a ;W. r a'qrt ::3 _:e - ` Y ' kart' 1,),` s..t =:a ir 1aj 1Vw A:,, ty e.: „G' rf- ra. r1: + -,7 7, L 1 t s.r 1 f f . Y sf i^ u1 °.,ilk -- 1r _ WWII- -1R AW-, Pilo-14 i.: s_t i ey a T - - .ii P. vr ,pp , ISILV ER Fox 103AClo 147 DU 4 , XI SrT 1 0' 60' FEA SCALE FEET m W e LuLvMT LWATION 1 91 r qn 2 O v I I m - y 1 1 1 1 s 74 I N' V_E T F T _ LOPtt11dT&1 } 006 FNONEFRtNL EN1FRPi0SE5 WC DATE JUN! 700E Engineering Enterprises, Inc. UNITED CITY OF YORKVILLE EVERGREEN FARM PAVILLION ROAD — FOX ROAD Prso,l, rTO. wwa Consulting Engineers IKendoll County, Illinois 1 I I FOX & PAVILLION ROADS INTERSECTION AND TURN LANE F ND. roososr 52 Wheeler Road YORKVILLE, ILLINOIS GEOMETRY 1 it — Sugar Grove, I01nols 60554 630/466 - 9350 n s^ x x EXHIBIT 1 I lk Y I 6 1 PANWON RD. INTERCEPTOR ib`FOX LANN I TOR r WGW POWT` RD. INTERCEPTORu ` r ?,r t 1404 i y f EXHIBIT J 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. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. 11stablish standards for new construction and development with respect to, but not limited to, buildings, streetscapes and landscapes. 3. Enmurme creative non-monotonous community designs utilizing design professionals. II. APPLICABILITY 1. 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 pennits 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 /a 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 reconstruction (i.e., 25% of the facade is removed and/or different type of facade material is used and/or if the size of windows/doors ase being modified by more than. 25%) done to non - residential or attached single family or multi - family buildings I EXHIBIT J 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. This code shall not auoly to industrial accessory structures. However. all, accessory 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 anv PUDs alreadv anoroved . prior to the adoollon of this Code unless so stipulated in the PUD 3. The provisions of this code shall be deferred until May i, 2009, for lots located within the Pox Industrial Park. III, PROCEDURES 1. 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 pen-nit. 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 be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Fagade Committee, who shall make a recommendation to the City Council: The City Council's decision shall be final, 3. The Far,ade, Committee shall consider the following points prior to providing the City Council with a written recommendation: 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 buildings} involved that would create a particular 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 welfsre or injurious to other property or improvements in the neighborhood in which the property is located? 2 i EXHIBIT J 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 1. Across the Street: A lot with a side vard nronerty line. when nroiected across the street, intersects the front oronerty line of the subject lot., 3. Adiacent To: defined as lots sharins a side vard nrooerty line. 4. Contieuous lot: Shares a common mooerty line extended across the street with such lot., 5. Front Facade: the net surface area excluding windows. doors and eara¢es, that faces a street and includes a main entry to the building 6. Maior Architectural Features: Covered porches. Boxed -out Bays/Proections; Decorative Dormers. Juliet Balconies. Metal Roofs, Flo% credit for each] 6. Masonry Products: brick, stone, split face brick or architectural blocks. Premium Siding Material: Masonry Products cultured stone, natural wood siding and, svnthetic stucco, V. CRITERIA FOR APPEARANCE 1. General Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise, ingenuity and creativity, while considering; deviations to the standards and guidelines of this Code, are encouraged Z. Landscape and Site Treatment a. The nrovisions of the City of Yorkville's Landscape Ordinance shall aanlv,. b. 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 i EXHIBIT J APPEARANCE CODE, Maximum illumination at the property line shall not exceed 0.1 footeandies 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 corner 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 arc of the cut -de -sac. S) 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 aliove Msbed grade of property. e) 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 fagade, materials (i.e,, brick veneer, lapped horizontal siding, half timber, board and batten, shakes, etc.) on the far 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 J APPEARANCE CODE b. Single- family attached and Multiple - family The intent of this Ordinance. specifically Dcrtainina to single-family attached and multi- family buildings, is to create a "sense of community ". This can be achieved through careful site nlannine as well as thouelztful building desien and color selections. 1) The building footprint of single - family attached and multi =family buildings can be the same. However, the facade treatments must vary between buildings that are adjacent to one another. Facade variations may include building materials or colors in any one or more of the following: a) Sidin b) Masonry c) hoof d) Paint/Stain e) Doors 2) Sites where requested setbacks and yards are less than the minimum zoning district requirement must provide an interesting rclationshio between buildings. 3) 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 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. I 7) Masonry Products shall be incoroorated on the front facade of at least 75% of the total buildings in the aouroved community, and shall incoroorate a minimum of 50% Premium Siding material on the front facade. No less than half (25% of the total} of the minimum Premium Sidine" requirements must incornorate Masonry Products_ Credit toward the remaining "Premium Siding" reouirement can be earned via the use of Mwor Architectural Features. Each Maior Architectural Feature used will earn a credit of 10% towards the calculation of the minimum Premium Siding Requirement. Examples A building with 30% masonry an the front elevafta will require the use of two "major architecturat features' (10% + 10 %=2o %) to comply with the total 1150% Premium Siding materisi as the front facade". 8) Pedestrian featureslamenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged. 5 III EXHIBIT J 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 services, 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 to 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 I EXHIBIT J APPEARANCE CODE b. Building Design 1) Commercial, Office and Institutional Uses a) Guidelines for sites that have existing buildings 1. When addina an addition. distinct color variation to an existing buildina is prohibited. 2. When a site abuts a county, state or federal highway, and when an existing building is modified, the property owrier 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. Any 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 least 50% of the total building, as broken down as follows: The front facade shall itself incorporate Masonry Products or Pre -Cast concrete on at least 50% of the facade. Any other facade that abuts a street shall incorporate Masonry Products. The use Masonry Products or Pre -Cast concrete is encouraged on the remaining facades. 2) Creative Iayout 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) Outlots 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 of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. 7 EXHIBIT J 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. 6) 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 - through 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 farade 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_ Architectural 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 faoin 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. 8 I I EXHIBIT J APPEARANCE CODE 5. Industrial Uses h, Guidelines 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 facade (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate Masonry Products or re-C s concre a on at least 50% of the facade. Any other facade 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 another. 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 may 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 facade. Otherwise, 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 EXHIBIT J APPEARANCE CODE b. Standards 1) Industrial buildings shall consist of solid and durable facade 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 facade 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 mechanioals 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 rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and /or fencing, as appropriate. 6. Sign? 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 signs shall be part of the architectural concept. Sizr., color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. I I 10 j X . n 1 o' er l l .l I I 1 ` g A AAEA x,, 11 F f s••\ n M ,- AREA C0 DeVATION PQW PARK OEVELOPNENTISTANDARDSASDESC. Q BW W 1 t t j J ANNEXATION + A vT t TMa 1 h, L`\ASPEN RIDGE ESTATES 1 I I NOGNR RU® IVGN use aw w Tu. r LOCAMONS) OAT6 PRO= M0. J0 --as -x- o[ as -Nnam 1 i 000w - w"- aeaLxa o4cmm n 1 •MT. 7CYC 7 Of 1 DK N47[ Exhibit AAA -1: Overall Infrastructure Funding Summary 8/ 31106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Construction EngineeeringTotalFront Estimate Preliminary Design Construction SubtotalCostFunding F. 1 -Well No. 13 704, 000 40, 000 $ 62, 000 102, 000 $ 806, 000 40, 000 F. 2 - Well No. 13 WTP 2, 893,880 $190, 000 $ 175, 000 365, 000 3, 258,880190, 000 F. 3 - Green Briar Drive Water Main Extension $ 591, 375 44, 353 $ 44, 353 88, 706 680, 081 44, 353 F. 4 - 2. 0 MG EWST 3, 564,000 $105, 000 $ 116, 500 221, 500 3, 785,500105, 000 F. 5 - BP /PRV Station (Chally Farm)500, 500 $ 40, 000 $ 35, 000 75, 000 575, 500 40, 000 Additional Consultation, Surveying & Testing $70, 000 70, 000 70, 000 70, 000 Water Subtotal: $ 8, 253,755 $489, 353 $ 432, 853 922, 206 9, 175,961489, 353 It I i Green Briar Road R. O.W. Acquisition 672, 000 20, 000 20, 000 692, 000 20, 000 F. 8 - Fox Road Resurfacing 504, 260 $ 30, 000 $ 40, 000 70, 000 574, 260 30, 000 Pavillion Road Improvements 1, 187,549 $95, 004 $ 95, 004 190, 008 1, 377,55795, 004 Additional Consultation, Surveying & Testing $5, 000 10, 000 $ 47, 502 62, 502 62, 502 15, 000 Transportation Subtotal: $ 2, 363,809 25, 000 135, 004 $ 182, 506 342, 510 2, 706,319160, 004 ff . -t•E YNki. i ini Ili Si! Contract No. 1 & 2 5, 161,080 $325, 000 $ 341, 500 666, 500 5, 827,580325, 000 Sanitary Sewer Subtotal: $ 5, 161,080 $325, 000 $ 341, 500 666, 500 5, 827,580325, 000 SW Planning Area Stormwater Study 33, 800 33, 800 33, 800 33, 800 Stormwater Subtotal: $33, 800 33, 800 33, 800 33, 800 TOTAL (Water, Trans., San., & Storm):15, 778,644 $ 58, 800 949, 357 $ 956, 859 1, 965,01617, 743,6601, 008,157 G: Tub1ic\Yodwi11M20041Y00402 Fox Road Water System Extension AnalysislEng\ SSA Tables) Development FundingSummary (WBP• PRVRecap1) As]ProjectSC.... ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 2: Funding Distribution Summary 8131/ 06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL JNF, Rl1.` T 3UF:TfII Erh LJnDINGISUMMARYA Total Single Water Impr.Transportation Impr.Sanitary Impr. StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost Subtotal Cost / Subtotal Cost I SubtotalCost/ TotalCostI Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,8811, 990,881 Silver Fox 103 172 1. 67 19. 7% 1, 412,381 $ 8, 212 S 441, 364 $ 2, 566 $ 1, 084,910 S 6, 308 $ 5, 691 $ 33 $ 2, 944,346 $ 17, 118 Evergreen Farm 49 77 1. 57 8. 8% 632, 287 S 8, 212 458, 488 $ 5, 954 $ 496, 339 S 6, 446 $ 2, 715 $ 35 $ 1, 589,830 $ 20, 647 Aspen Ridge Estates 126 217 1. 72 24. 3% 1, 781,900 $ 8, 212 756, 945 $ 3, 488 $ 1, 356,178 $ 6, 250 $ 6, 982 $ 32 $ 3, 902,005 $ 17, 982 Chally Farm 154 224 1. 45 25. 6% 1, 839,381 $ 8, 212 $ 574, 799 $ 2, 566 $ 1, 484,251 $ 6, 626 $ 8, 533 $ 38 $ 3, 906,964 $ 17, 442 York Wood Estates 178 185 1. 04 21. 1% 1, 519,131 $ 8, 212 $ 474. 723 $ 2, 566 $ 1, 405,901 $ 7, 599 $ 9, 880 $ 53 $ 3, 409,635 $ 18, 430 Total 610 875 1. 43 100. 0% 9, 175,961 2, 706,319 5, 827,580 S 33, 800 15, 752,779 1NAXIIiA .l1MiRECAPITVIE/ REGOVERYOR- ADDITIONAL -FEES'( NEGATIVENUMBERYSUMMAR. Total Single Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost/ Subtotal Cost/ Subtotal Cost/ SubtotalCost/ SubtotalCost/ Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,881 1, 990,881 Silver Fox 103 172 1. 67 19. 7% 775, 981 $ 4, 512 $ 18, 436) S 107) $ 379, 098 $ 2, 204 $ 1, 155,079 $ 6, 716 Evergreen Farm 49 77 1. 57 8. 8% 347, 387 $ 4, 512 $ 41, 689) $ 541) $ 169, 712 $ 2, 204 $ 517, 099S6, 716 Aspen Ridge Estates 126 217 1. 72 24. 8% 979, 000 $ 4, 512 $ ( 117, 4881 $ 541) $ 478, 280 $ 2, 204 $ 1, 457,280 $ 6, 716 Chally Farm 154 224 1. 45 25. 6% 1, 010,581 $ 4, 512 $ 24, 010) $ 107) $ 493, 709 $ 2, 204 $ 1, 504,289 $ 6, 716 York Wood Estates 178 185 1. 04 21. 1% 834, 631 $ 4, 512 $ 19, 829) $ 107) $ 407, 751 $ 2, 204 $ 1, 242,382 $ 6, 716 Total 610 875 1. 43 100. 0% 5, 938,461 221, 451) 1, 928,5507, 867,011 TOTAL* F. IXEDxINF.. RASTRUGTURE' F. UNDING' SUMMARY (INFRASTRUCTURE. FUNDINGt -?MAX MUM - RECAPT. URE/ RECOVERY; IIMO.UNT) ti '- ''` " '' ` h "'•`' Total Single Water Impr.Transportation Impr.Sanitary Impr. StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost / Subtotal Cost / Subtotal Cost / SubtotalCostISubtotalCostI Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville Silver Fox 103 172 1. 67 19. 7% 636, 400 $ 3, 700 $ 459, 800 $ 2, 673 S 705, 812 $ 4, 104 $ 5, 691S33 $ 1, 807,702 $ 10, 510 Evergreen Farm 49 77 1. 57 8. 8% 284, 900 $ 3, 700 $ 500, 177 $ 6, 496 $ 326, 627 $ 4, 242 $ 2, 715 $ 35 $ 1, 114,419 $ 14, 473 Aspen Ridge Estates 126 217 1. 72 24. 8% 802, 900 $ 3, 700 $ 874, 433 $ 4, 030 $ 877, 898 $ 4, 046 $ 6, 982 $ 32 $ 2, 562,212 $ 11, 807 Chally Farm 154 224 1. 45 25. 5% 828, 800 $ 3, 700 $ 598, 809 $ 2, 673 $ 990, 542 $ 4, 422 $ 8, 533 $ 38 $ 2, 426,684 $ 10, 833 York Wood Estates 178 185 1. 04 21. 1% 684, 500 $ 3, 700 $ 494, 552 $ 2, 673 $ 998, 151 $ 5, 395 S 9, 880S53 $ 2, 187,082 $ 11, 822 Total 610 875 1. 43 100. 0% 3, 237,500 S 2, 927,770 3, 899,030 33, 800S7, 885,768 G1PUb14YorWi11e R0011Y00< 02 Foa R -d Wab! System Est --von NWyiAEgl, SSA Tsb1-- XD.- 1q1FvAgSummary (WSP- PRV R- pl). aIsID- v.8- Notes: The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjustedaccordingly. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 3: Water Works System Improvements Funding DistributionSM1106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL WATER DISTRIBUTION FUNDING SUMMARY Total Single Water Distr.Wate Additional Supply, Total FeesWater Family Density Percent of Funding Connection Fee Treatment & Storage For WaterImprovement Funding Entity Acreage Units (DU) DU /Acre) Total DU At $1, 435! DU At $3, 7001 DU At 53, 077 / DU ImprovementsCostperDU United City of Yorkville 1, 980,861 Silver Fox 103 172 1. 67 19. 7% 246. 811 636, 400 529, 170 1, 412,3818, 212 Evergreen Farm 49 77 1. 57 8. 8% 110, 491 264, 900 236, 896 632, 287 8, 212 Aspen Ridge Estates 126 217 1. 72 24, 8% 311, 384 802, 900 667, 616 1, 781,9008, 212 Chally Farm 154 224 1. 45 25. 6% 321. 429 828, 800 689. 152 1, 839,3818, 212 York Wood Estates 178 185 1. 04 21. 1% 265, 466 684, 500 569. 166 1, 519,1318, 212 Total /Average 610 875 1. 43 100. 0% 1, 255,581 3, 237,500 2, 691,999 9, 175,961 rr. VWblidYaA ' IINl( I04W0D402 I . Road Vht.r SyW m E. W.i. A- 1y. i. V:r g1SSAT. N.. XD. v. l. p -t F- ft S-, y (vJ 8P- PRV R- p1). xtFibw, POTENTIAL MAXIMUM RECAPTURE /RECOVERY AMOUNT SUMMARY Less Water Less Maximum Recovery Total SingleRecoveryMaximum Off -site Water Main Project/Total Conn. Fee city Recoverable per FamilyperRecoverable Infrastructure Item Project Cost At 3, 700 / DU Contr. Amount (Dev.)D. U.Development Units (DU)D. U.Amount Well No. 13 806. 000 United City of Yorkville1, 990,881 Well No. 13 WTP 3, 296,880 Silver Fox 1724, 512 775, 981 2. 0 MG EWST 3, 815,500 Evergreen Farm 774, 512 347, 387 Supply, Tmatmem, &Storage Subtotal: 7, 920,380 3, 237,500 1, 990,881 2, 691,999 3, 077 Aspen Ridge Estates 2174, 512 979, 000 Green Briar Road WM 680. OB1 680, 081 777 Chally Farm 2244, 512 1, 010,581 BP / PRV Station 575, 500 575, 500 658 York Wood Estates 1854, 512 834, 631 Distribution subtotal:1, 255,581 1, 255,581 1, 435 Total /Average 8754, 512 5, 938,461 Total: $9, 175,961 3, 237,500 1, 990,861 3, 947,580 4, 512 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 4: Transportation Improvements Funding Distribution 1/ 06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co.. IL TRANSPORTATION FUNDING SUMMARY Transportation Transportation Total Single Density Percent of Infrastructure Fee Improvement Funding Entity Acreage Family Units (DU) DU /Acre) Total DU At $2, 0001 DU Cost per DU Silver Fox 103 172 1. 67 19. 7% 344, 000 2, 000 Evergreen Farm 49 77 1. 57 8. 8% 154, 000 2, 000 Aspen Ridge Estates 126 217 1. 72 24. 8% 434, 000 2, 000 Chally Farm 154 224 1. 45 25. 6% 448, 000 2, 000 York Wood Estates 178 185 1. 04 21. 1% 370, 000 2, 000 Total /Average 610 875 1. 43 100. 0% 1, 750,000 G: lPub11dYmkvi11a12004\YO0402 Fox Road Water System Extension AnaysUlFrig1SSA Tablest[ Development Funding Summary (W BP• PRV Recapt) xlslrransponation POTENTIAL MAXIMUM RECAPTUREIRECOVERY AMOUNT SUMMARY Portion Of Remaining Transpor,Transpor. Fees Total SingleRemainingRemaining Transportation Total Impact Fee Impact per Family DwellingFeesTranspor. Impact Improvement Project Cost At 2, 0001 DU Fee D. U.Development Units (DU)perDUFees Green Briar Road R. O.W. Acq.702. 000 Silver Fox 172107)18, 436) Fox Road Resurfacing 574, 260 Evergreen Farm 77541)41, 689) Subtotal:1, 276,260 1, 276,260 1, 459 Aspen Ridge Estates 217541)117, 488) PavillionlFox Road Improvements:1, 430,059 Chatty Farm 224107)24, 010) Less County Impact Fee Contribution: 589, 097)York Wood Estates 185107)19, 829) Pavillion Local Funding Subtotal:840, 962 Total:875221, 451) Pavilion Road (30% Regional Share)252, 289 252, 289 434 Pavilion Road S70% Adjacent Share)568, 673 Total (Sllver, Chatty, York):1, 099,725 1, 162,000 62, 275 107) Total (Evergreen):406, 648 154. 000 41, 689) S$ 541) Total (Aspen):610, 849 434, 000 117, 488) 541) Notes: 70% of the Pavillion Road Improvement cost is applied to Aspen Ridge and Evergreen Farms; 30% (assumed regional portion of the improvement) is applied to the remaining subdivisions It is assumed Evergreen Farm and Aspen Ridge do not recover dollars from their Pavillion Road investment Of the four legs of the Pavillion Road Improvement With reference to the Fox and Pavilion intersection, the cost breakout for the 70% of the total portion that is applied to Evergreen Farms andAspenRidge is as follows: North and East -100% Evergreen Farms, West - 100% Aspen Ridge, South - 50% each The total cost for the regional (Non- County Impact Fee eligible) improvements is less than the total amount of money that will be collected for the $2, 000 / D. U. impact fee; The remaining portionoftheimpactfeewillbedue at building permit. Since Evergreen Farm and Aspen Ridge are not funding the "Regional Share" of Pavillion Road (they are funding the adjacent share), their transportation impact fee does not count against thatportionoftheimprovement ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 5: Sanitary Conveyance Improvements Funding Distribution8131106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL SANITARY CONVEYANCE FUNDING SUMMARY YBSD city Additional Total FeesSanitary Total Single Density Percent of Infrastructure Fee Connection Fee Funding Required ForSanitaryImprovement Funding Entity Acreage Family Units (DU) DU /Acre)Total DU At $3, 5231 Acre At $2, 000 / Unit At $2, 2041 DUImprovementsCostperDU Silver Fox 103 172 1. 67 19. 7% 361, 812 344. 000 379, 098 1, 084,9106, 306 Evergreen Farm 49 77 1. 57 8. 8% 172, 627 154. 000 169, 712 496, 339 6, 446 Aspen Ridge Estates 126 217 1. 72 24. 8% 443. 898 434. 000 478, 280 1, 356,1786, 250 Chatty Farm 154 224 1. 45 25. 6% 542, 542 448, 000 493, 709 1, 484,2516, 626 York Wood Estates 178 185 1. D4 21. 1%628, 151 370, 000 407, 751 1, 405,9017, 599 Total /Average 610 875 1. 43 100. 0% 2, 149,030 1, 750,000 1, 928,550 5, 827,580 G: 1PUb11slYodm1b12D041Y00402 Far Raad Water System EA nslon Analys¢ 1Eng1SSA TabtaKDevelopment Funding Summary (W BP -PRV Re0ps) h)Sanitary (W BP- PRV RMpl). kJSanitary 'unding Summary (WBP -PRVRarap7). sts)SanBary POTENTIAL MAXIMUM RECAPTURE AMOUNT SUMMARY Estimated Less Less Maximum Recovery TotalSingleRecoveryMaximum Sanitary Interceptor Project YBSD Infr. Fee City Conn. Fee Recoverable per FamilyDwellingperRecoverable Contract Cost At $3, 523 / Acre At $2, 0001 DU Amount D. U.Development Units (DU)D. U.Amount Contract Nos. 1 + 2 5, 827,580 2, 149,030 1, 750,000 1, 928,550 2, 204 Silver Fox 1722, 204 379, 098 Total / Average 5, 827,580 2, 149,030 1, 750 -000 1, 928,550 2, 2D4 Evergreen Fann 772, 204 169, 712 Aspen Ridge Estates 2172. 204 478, 280 Chally Farm 2242, 204 493, 709 York Wood Estates 1852, 204 407, 751 Total /Average 8751, 928,550 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit BBB: Front Funding Distribution Summary n131/ 06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Single Water. impr.Transeortatlon Impr.Sanitary Impr.Stormwat= rPlanningTOTALALL Family Dwelling Density Percent of Subtotal Front Fundlnc Subtotal Front Fundinc Subtotal Front Funding Subtotal FrontFundincTotalFrontFundinc Funding Entity Acreage Units (DU) DUTAcre) Total DU Cost Amount Cost Amount Cost Amount CostAmountCostAmount Silver Fox 103 172 1. 67 19. 7% 1, 412,381 $ 96, 193 $ 441, 364 $ 26, 094 $ 1, 084,910 $ 60, 505 $ 5, 691 $ 5, 691 $ 2, 944,346 $ 188, 483 Evergreen Farm 49 77 1. 57 8. 8% 632, 287 $ 43, 063 458, 488 $ 27, 107 $ 496, 339 $ 27, 680 $ 2, 715 $ 2, 715 $ 1, 589,830S100, 5% Aspen Ridge Estates 126 217 1. 72 24. 8% 1, 781,900 $ 121, 360 756, 945 $ 44, 752 $ 1, 356,178 $ 75, 633 $ 6, 982 $ 6, 982 $ 3, 902,005 $ 248, 727 Chally Farm 154 224 1. 45 25. 6% 1, 839,381 $ 125, 274 $ 574, 799 $ 33, 983 $ 1, 484,251 $ 82, 776 $ 8, 533 $ 8, 533 $ 3, 906,964 $ 250, 567 York Wood Estates 178 185 1. 04 21. 1% 1, 519,131 $ 103, 463 $ 474, 723 $ 28, 067 $ 1. 405,901 $ 78, 406 $ 9, 880 $ 9, 880 $ 3, 409,635 $ 219, 816 Total 610 875 1. 43 100. 0% 7, 185,080 $ 489. 353 $ 2, 706.319 $ 160, 004 $ 5. 827,580 $ 325, 000 $ 33, 800 S33, 800 $ 15. 752,779 $ 1. 008.157 G: IPubIklYOrk M@00001Y00402 Fm Rma Water SyMm Eatendon Amtysis% EmltSA T. WeAD.ebpmenlFr,* V $-, y( WSP -PRVRmpl). U)FmrdF ,dkq Notes: The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjusted accordingly. The Front Funding Amount for each infrastructure component is computed by using the proportional share of the Subtotal Cost multiplied by the total front funding amount required. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL EXHIBIT CCC EXHIBIT PRELIMINARY SCHEDULE 915/06 SW INFRASTRUCTURE IMPROVEMENTS United City of Yorkville, Kendall Co., IL CONTR.2006 2007 2008 NO. IPROJECT(S)IWORK ITEMS JIJIAISIOINIDIJIFIMIAIMIJIJIAISIOINIDIJIFIMIAIMIJIJ WATERIMPROVEMENTS F.1 Well No. 13 Site Selection /Acquisition A, Design IEPA Plan Review Bidding and Contracting Construction Samolinq and Testin F.2 Well No. 13 WTP Site Selection /Acquisition Design IEPA Plan Review Bidding and Contracting Construction F.3 Greeen Briar Road Easement Acquisition WM Design IEPA Plan Review Bidding and Contracting Construction FA 2.0 MG Elevated Water Site Selection /Acquisition Storage Tank (EWST) Design IEPA Plan Review Bidding and Contracting Construction F.5 Booster Pump /Pressure Site Selection /Acquisition( Reducing Valve Station Design IEPA Plan Review Bidding and Contracting Construction TRANSPORTATION IMPROVEMENTS F.6 Green Briar Road Ext. R.O.W. Acquisition F,7 Fox Road Resurfacing Design Plan Review Now Bidding and Contracting Construction Q F.8 Pavillion Road R.O.W. Acquisition Improvements Preliminary Engineering Design Plan Review Bidding and Contracting Construction SANITARY SEWER IMPROVEMENTS (ENGINEERING BY WALTER E. DEUCHLER ASSOCIATES) 1 Contract 1 Design (revisions) R.R. Permit/Easements Bidding and Contracting Construction 2 Contract 2 Design Easement Acquisition IEPA and Other Permits Bidding and Contracting Construction STORMWATER PLANNING SW PIStomwaterStudy Report Finalization Preparation CADocuments and Settings \tmlller\LDcaI Settings \Temporary Internet Files \OLKD \[Infrastructure ScheduleI xls}Annexabon Agreements 9-6 -05 LEGEND Notes Prelim. Eng. /Report Work Design initiation assumes that the site geometry, proposed topography, and utility Site Selection /Acquisition connection information is available. Easement Negotiation Construction initiation assumes all required easements are received, and R.O.W. Design is acquired. Agency Review The schedule assumes power will be available at all of the sites at least one month Bidding and Contracting prior to the WTP being placed on -line.41ConstructionThescheduleassumesthattheconnectingwatermain, storm and /or sanitary sewers Sampling and Testing will be extended to the site(s) at least one month prior to the WTP and EWST EngGner ®ring being placed on -line.Enterprises. Electric service for the traffic signals needs to be initiated during the design phase.Inc. pox 4 EXHIBIT DDD PR RE ZONE NO.3 Lff"TH 0119TR ZOW t! TCL 743 4ROUR15 FLEVATiW: 3#44910 SUPPLY: T,lsc GPM KENOALL COUNTY t FORCSTPRESERVC waow a eia.sc21A ti PREGWRJE arable. N0. 4A tN4rTR 99e.!T{AI. XpttE - . ht41tTH PGRTi[tI URA NT F. AND -EL£VA 1 I BT4RA.4e: 94040P 4fi,1e..e 45p w 4TRC'+ "D EU£VAI"S: 60-715 1 LEGEND i 1 AIgM R'ECAPTURERECOVERY AREA 1 PREMR9 ZONE NO. 39 (SWTH G@NTRAL ZONE,S'owm PORTIM MAAL FHAND EI:EYATIGNS 4 4A ow LIND ELrVATN00TS; SW4 Ti u SUPPLY: a PM R'R2P'@CEG NEI.I. > .-f N¢. iTAA41YiF i1190M.t r• s rogarliR:nSS WCUL N.7 1 mwwII ,.1NEI.L Nv AND PR VA4V.R€ Z4Ne N4.4 "UTN 34(.13)I u l a nY€ATMerTµi m 4VaREraa.FA .Ir.+F:+.r:E!+a!4o+e F - 4#@141 SUPPLY: 1,W OPM T y nN9 a mN LESS ER MAIMWAWA. emsOUSTINGG WATER AW4PA4P40EDCAfiE t;4lsceRnT 1 GUlSRE J F39SE1Mirs WATER MAINfNT.FAC1T]ESAND ELEVATKIN&1 r'=j WaS7ING10 WATER MsTQIiA@EGE:1l+:L r ezasmNa is° waaea.wAln TCL 904 r A.1 OWTING i r WATER MAIN MOUND SLEVATKM! 61..£&3 IFINTfaR. &" tNAFER MAIN FUTTURE l i MAIM3 y f liee$u80kSMe eBilN&Aft r N raTVnTAs 1 11111 i emA Room +B ET1'1wPTI464, Imo.uNnEv Clre OF: YOR.KMLE SOUTHWEST PLANNING AREA REGIONAL WATER DAPROMAEM S CW*oUn9'ET7*, M7)K MD&L CWNTY. UN05 02 *v9W ROW Suger Qraxs', Hilnlle 6OSS4 6^341466 -101w I RC7Cn1R AREA EXHIBIT DDD y ' 17 r— y " KEN DALL CU Ty 1 J t20o 6'2stltr Ft7t>i 'ST FliESE I VE RECxeFuraFMeoVxr. F R. t i i 11 1 I f 1 ' il Ijl CSf`Y`IF.J'$.' S1:fS [b'A.CA4 t "+IRf"K't`., LF ti Cj `/, j'th9FA* ws OWNTY UNUSLL S 79J RQtKI fi PLANNING AREA REGVM/Rt A 7UREAMA M1T5 dL4 '.002 ' 62 *VOW Rsud Sugar aow4 WNm9e SOW 630/466—*s5o FxHksT EXHIBIT EEE DRAFT - AUGUST 23, 2006 REBATE AGREEMENT THIS REBATE AGREEMENT ( "Agreement "), is made and entered into this day of 2006 by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ( "CITY ") and ASPEN RIDGE ESTATES, L.L.C. ( "DEVELOPER "). A. The DEVELOPER is the owner and developer of that certain real estate development located within the corporate limits of the CITY and known as Aspen Ridge Estates ( "Subdivision "). B. The 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. The DEVELOPER has agreed to pay the CITY an amount in excess of the CITY'S normal and customary water connection fee in effect at the time of the execution of the Annexation Agreement ( "Excess Water Fee ") and an amount in excess of the CITY'S normal and customary sanitary sewer connection fee in effect at the time of the execution of the Annexation Agreement ( "Excess Sanitary Sewer Fee ") (collectively, the Excess Water Fee and Excess Sanitary Sewer Fee are hereinafter referred to as the Excess Fees ") to assist the CITY in paying for the construction of certain municipal improvements designed to serve the CITY on a regional basis. D. The current Excess Fees to be paid by the DEVELOPER are based upon a pro rata share per dwelling unit of the estimated cost to construct the regional water works and sanitary conveyance systems and the parties recognize that the Excess fees for which the DEVELOPER is entitled to rebate shall be adjusted to reflect the actual costs of construction for such improvements. The current estimated cost to construct the water work system improvements is $9,175,961.00 and the sanitary conveyance improvements is $5,827,580.00. E.The DEVELOPER and the CITY are desirous of entering into this Agreement whereby, pursuant to its municipal police powers and Section I I -15 -16 of the City Code, the CITY agrees to rebate to the DEVELOPER the amount equal to the difference between the Excess Fees and the normal and customary water connection and sanitary sewer connection fees in effect at the time of the execution of the Annexation Agreement ( "Total Rebate Amount "). 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.RECITALS. The foregoing recitals are incorporated herein as if fully set forth and shall constitute substantive provisions of this Agreement. QBCHI \471303.3 EXHIBIT EEE DRAFT - AUGUST 23, 2006 2.TOTAL REBATE AMOUNT. The CITY pledges and agrees to rebate to the DEVELOPER from the Reimbursement Fees (defined below) the Total Rebate Amount together with interest accrued thereon. The Total Rebate Amount shall be calculated as set forth below. The CITY covenants and agrees that during the term of this Agreement or until such time as the DEVELOPER has been paid the Total Rebate Amount together with accrued interest thereon, the CITY shall not further encumber or pledge the Reimbursement Fees or take any action inconsistent with the terms and interest of this Agreement, and the CITY agrees that the Reimbursement Fees shall not be used for any purpose whatsoever, except to pay the DEVELOPER the Total Rebate Amount together with accrued interest thereon. Interest shall accrue for each calendar year or portion thereof on the Total Rebate Amount at the prime interest rate in effect on January 1 st of each year as published in the Wall Street Journal Midwest Edition, or if such rate is not determined on that date then on the next business day thereafter, from the date of this Agreement until the DEVELOPER has been fully reimbursed the Total Rebate Amount. A. Water Fee Rebate Amount: The CITY agrees to rebate to the DEVELOPER an amount equal to the difference between the Excess Water Fee paid by the DEVELOPER to the CITY based on the actual costs of construction and the normal and customary water connection fee in effect at the time of the execution of the Annexation Agreement ( "Water Fee Rebate Amount "). For example only and in no way as a means of limitation, the Water Fee Rebate Amount based on the estimated costs of construction is calculated as forth below: Excess Water Fee Per Dwelling Unit Based on the Estimated Costs of Construction 8,212.00 Normal and Customary Water Connection Fee Per Dwelling Unit ($3.700.00) Per Dwelling Unit Rebate Amount 4,512.00 Water Fee Rebate Amount ($4,512.00 x 217 dwelling units) _ 979,104.00 B. Sanitary Sewer Fee Rebate Amount: The CITY agrees to rebate to the DEVELOPER an amount equal to the difference between the Excess Sanitary Sewer Fee paid by the DEVELOPER to the CITY based on the actual costs of construction and the normal and customary sanitary sewer connection fee and Yorkville Bristol Sanitary District ( "YBSD ") infrastructure fee _in effect at the time of the execution of the Annexation Agreement(" Sanitary Sewer Fee Rebate Amount "). For example only and in no way as a means of limitation, the Sanitary Sewer Fee Rebate Amount based on the estimated costs of construction is calculated as forth below: Excess Sanitary Sewer Fee Per Dwelling Unit Based on the Estimated Costs of Construction 6,250.00 QBCIM471303.3 2 EXHIBIT EEE DRAFT - AUGUST 23, 2006 Total Excess Sanitary Sewer Fee ($6,250.00 x 217 dwelling units) = 1,356,250.00 Normal and Customary Sanitary Sewer Fee Per Dwelling Unit 2,000.00 Total Sanitary Sewer Fee ($2,000.00 x 217 dwelling units)= ($434,000.00) Normal and Customary YBSD Fee Per Acre 3,523.00 Total YBSD Fee ($3,523.00 x 126 acres) _443,898.00) Sanitary Sewer Fee Rebate Amount 1,356,250.00 - ($434,000.00 + $443,898.00)] = 478,352.00 C. Calculation of Total Rebate Amount: The Total Rebate Amount shall be the sum of the Water Rebate Amount and the Sanitary Sewer Fee Rebate Amount. 3.PAYMENT OF TOTAL REBATE. The CITY shall reimburse the DEVELOPER the Total Rebate Amount plus all accrued interest by paying to the DEVELOPER, or such other person or entity as the DEVELOPER may direct by written notice to the CITY, any and all fees collected by the CITY after the date of this Agreement related to the following: (i) connection to the CITY'S public water supply system by property located in the Regional Water Improvements Recovery Area as set forth in the attached Exhibit A; and (ii) connection to the CITY's sanitary sewer system by property located in the Regional Sanitary Improvements Recovery Area as set forth in attached Exhibit B (collectively, "Reimbursement Fees "). The CITY shall make such payment of the Reimbursement Fees to the DEVELOPER within thirty (30) days following receipt thereof by the CITY. The CITY shall not reduce or eliminate the Reimbursement Fees and is obligated to maintain the Reimbursement Fees at such level as to ensure reimbursement of the Total Rebate Amount to the DEVELOPER. 4.PAYMENT OF FUTURE CONNECTION FEES. As a condition of receiving Final Plat approval, or issuance of building permits if no platting is necessary, on any parcel of property sought to be improved or platted within either the Regional Water Improvements Recovery Area or Regional Sanitary Improvements Recovery Area, the owner of such real property shall pay to the CITY a sum equal to the entire amount of water and sanitary sewer connections fees due for all approved dwelling units in the respective development. 5.OBLIGATION TO UTILIZE OR TAP -ON TO WATER MAINS AND, SANITARY SEWER SYSTEMS. The CITY shall require the owner of property located in either the Regional Water Improvements Recovery Area or Regional Sanitary Improvements Recovery Area to utilize and tap -on to the water mains and sanitary sewer main systems constructed by the CITY as part of the plat approval or building permit process. If any owner of real property located in either the Regional Water Improvements Recovery Area or Regional Sanitary Improvements Recovery Area fails to utilize or tap -on to the water mains or sanitary sewer systems constructed by the CITY QBCM \471303.3 3 EXHIBIT EEE DRAFT - AUGUST 23, 2006 and avoids payment of the associated connection fees and interest, then the CITY shall be solely responsible for payment of the associated connection fees and interest. 6.CITY'S OBLIGATION. It is understood and agreed that the CITY's obligation to reimburse the DEVELOPER shall be secured solely by the pledge of the Reimbursement Fees and shall be limited to funds collected from the Reimbursement Fees as provided herein. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 7.TERM This Agreement shall remain in full force and effect for a period of thirty 30) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all the duties to be performed hereunder. 8.SUCCESSORS AND ASSIGNS. A. This Agreement shall inure to the benefit of and be binding upon the DEVELOPER 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 DEVELOPER shall have the right to sell, transfer, lease, and assign all or any part of the Subdivision 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 DEVELOPER 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 DEVELOPER and the CITY. C. Nothing contained in this Agreement shall be construed to restrict or limit the right of the DEVELOPER to sell or convey all or any portion of the Subdivision, whether improved or unimproved. D. The foregoing to the contrary notwithstanding, the obligations and duties of the 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 purchaser's residential occupation, unless otherwise expressly agreed in writing by such purchaser. E. Upon any sale, transfer or assignment of the PROPERTY, the DEVELOPER shall no longer have any rights or obligations hereunder other than those rights that vested prior to such sale, transfer or obligation. F. 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 Subdivision so transferred until substitute security acceptable to CITY is received. QBCHI \471303.3 4 I EXHIBIT EEE DRAFT - AUGUST23, 2006 9.GENERAL PROVISIONS. A. Entire 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. B. Amendment and Modifications: No amendment or modification to this Agreement shall be effective unless and until it is reduced to writing and approved by all parties to this Agreement in accordance with all applicable statutory and ordinance requirements. C. No Third Partv Beneficiaries: No provision of this Agreement is intended to benefit, nor shall any provision of this Agreement benefit, any parry, individual or entity other than a party to this Agreement or its respective successor or assign. D. Notices All notices shall be in writing and shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested, postage prepaid, 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 OWNER: Aspen Ridge Estates LLC 19250 Everett Lane Suite 101 Mokena, Illinois 60448 Attn: Paul Dresden copy to:Robert L. Gamrath, Esq. Quarles & Brady LLP 500 West Madison Street Suite 3700 Chicago, Illinois 60661 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. I I QBCHI\471303.3 5 i EXHIBIT EEE DRAFT- AUGUST23, 2006 E. Cautions and Paragraph Headinrs: 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. F. 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. G. Enforceabilitv: 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. H. Severabilitv: The invalidity or unenforceability of any of the provisions hereof shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. I. No Waiver or Relinquishment of Right to Enforce Agreement: Failure of any part to this Agreement 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 rights thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. J. Exhibits: Exhibits A and B attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. K. Pavment of Claims. The CITY shall pay and discharge from sources other than the Reimbursement Fees any lawful claims which, if unpaid, might become a lien or charge upon the Reimbursement Fees payable to the DEVELOPER or its designee hereunder. However, nothing herein contained shall require the CITY to make such payments so long as the CITY shall in good faith contest the validity of such claims. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signature Page Follows On Next Page] I I I QBCFM471303.3 6 I i EXHIBIT EEE DRAFT - AUGUST 23, 2006 CITY:DEVELOPER: THE UNITED CITY OF YORKVILLE ASPEN RIDGE ESTATES LLC By:By: Mayor Its: Attest: City Clerk Date of Execution:Date of Execution: 2006 2006 I I QBCHI \471303.3 7 EXHIBIT FFFDRAFT 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 EXHIBIT FFF 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 Pavments SPECIAL TAX PAYMENTS: per unit) Year Amount 2009 1,196 2010 1,196 2011 1,196 2012 1,196 2013 6,485 2014 6,485 2015 6,485 2016 4,185 includes principal and interest assumes an average debt of $22,955 /unit assumes title does not transfer assumes no prepayment and an average Debt Service Reserve Credit of $2,295 /unit ESTIMATED SOURCES Sources: AND USES OF FUNDS:Bond Proceeds 20,086,000 Original Issue Discount 200,860) City Funds 1,990,880 Interest Earnings 619,480 22,495,500 Uses: Improvements 17,743,660 Debt Service Reserve 2,008,600 Capitalized Interest 2,301,520 Costs of Issuance 441,720 22,495,500 In order to allow for prepayment at any time without penalty, the bond purchasers will require a 1% discount on the bonds at the time of issuance. Z) Interest is earned on the unspent bond proceeds held by the bond trustee. 3) The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See "Debt Service Reserve." Interest is capitalized through March 1, 2009. The first tax bill will be June 2009. 5) Costs of issuance are estimates and subject to change. DRAFT EXHIBIT FFF DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10% of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount see "Payoff') at the time the lien is released (the "Debt Service Reserve Credit "). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF:Based on a $20,086,000 bond issue, the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs ner DU Credit Amount City of Yorkville 1,990,880 Silver Fox 17,118 4,709 21,827 2,183 19,644 Evergreen Farm 20,647 5,680 26,327 2,633 23,694 Aspen Ridge Estates 17,982 4,946 22,928 2,293 20,635 Chally Farm 17,442 4,798 22,240 2,224 20,016 York Wood Estates 18,430 5,070 23,500 2,350 21,150 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 DRAFT EXHIBIT FFF redemption. The Bonds will be called in order of maturity. When the amount on deposit in the Special Redemption Account equals $1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION:The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. I 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 i 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. I F i I d f R E N 1) A L L 0 11 11-1-11STATEOFILLINOIS F"- ULR ss i-, goCOUNTYOFKENDALL0 Pit FP 3 chutrrAln 200800009248 Eeo P-- T©Filed for Record in KENDALL COUNTY? ILLINOIS RENNETTA S MICKELS13H 04-09-2008 At 03:48 pm. ORDINANCE 91.00 10.00Surcharge10.00 ORDINANCE NO. 2006- r7 9- 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. 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. I I NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY I 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 i hereto and made a part hereof. I Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK IJ JOSEPH BESCO l VALERIE BURD t PAUL JAMES DEAN WOLFER MARTY MUNNS l ROSE SPEARS r\.JASON LESLIE MAyoP, P20C4ASKA y Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of At usr A.D. 2006. roc Cef MAY Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this $day of - GCC (. `J A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 THIS INSTRUMENT PREPARED BY AND RETURN TO:REVISED August 17, 2006 John Wyeth 800 Game Farm Road Yorkville, Illinois 60560 630.553.4350 ANNEXATION AGREEMENT THE CHALLY SUBDIVISION THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ( "Agreement"), is made and entered as of the day of-Ate -,U± r, 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 (`B -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. I 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. 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 OWNEWDEVELOPER 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 development except as modified in this Agreement and the Concept PUD Plan Exhibit C). 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. 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 `B" 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 I 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 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 4 CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. B.Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY, except as otherwise provided herein. C.Storm Water Facilities. 1.DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Chally 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 Chally Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b.Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Chally Property designated on the Preliminary 5 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 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.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 of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. 6 B.Release of Underp-round. 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 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 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 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 7 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. I 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 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 `D'. The fee shall be paid per individual residential dwelling unit concurrent with the building permit 8 application for that particular residential dwelling unit. 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 "D" 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 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, subj ect to the requirements of any permitting authority other than the CITY. Each Offsite Sign maybe illuminated. In addition to the Offsite Signs, DEVELOPER shall 9 i 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 of parking two (2) cars outside of the adjacent road right -of- way. Building permits for model homes, and for up to fifteen (15) production dwelling units, shall be issued by the CITY upon proper application therefore prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt 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. 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 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. 10 17. 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 19.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 18. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the Chally Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 19. RECAPTURE AGREEMENTS. A.Benefiting the Chally Property. See Section 20.E of this agreement. B. Encumbering the Chally Provertv. 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. 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. I 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 11 I 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 5 Developments commonly referred to as the "Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s) payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish individual Special Service Areas (SSA's) within each of the subdivisions listed on Exhibit BBB. City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to intervene. OWNER shall have the riaht to opt -out of participatine in the SSA by providing written notice to the CITY of its intention to independently fund OWNER'S pro rata share of the infrastructure imp_ rovement costs as set forth on Exhibit "AAA -2 Written notice of OWNER'S intent to opt -out of the SSA must be provided in accordance with the Notice provisions of this Ap-reement and by thirtv (30) day prior to (i) January 15, 2007, or (ii) actual issuance of the bond(s whichever is later. OWNER will pav its pro rata share of the costs no later tha the date of the bond issuance in readilv available funds. OWNFR_'S fgi.lur to_urovide notice wit the required time period shall be deemed to be its consent to participate in the SSA. The formation of The SSA's and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSA's, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA's, and that all SSA's will issue one mutual Special Tax Bond for payments of the improvements. 12 2. The special tax shall be available to fund the repayment of up to $_(this will be the pro rata amount owed by this development)million in special tax bonds. 3. The special tax revenue bonds shall be used to construct infrastructure as described on Exhibit "AAA ". C. COST CONTAINMENT, OVERRUNS. In order to reduce the risk of cost overruns, OWNERS and /or DEVELOPERS agree that the amount of bonds sold should not be determined until bids have be received by the City for construction of the Southwest Infrastructure. Since final engineering must be completed prior to seeking bids, OWNERS and/or DEVELOPER agree to front fund the amount indicated on Exhibit "BBB" and to receive reimbursement for said sum from the sale of the Revenue Bonds. OWNERS and/or DEVELOPERS shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overruns. CITY will respond in writing to all OWNER and DEVELOPER comments and justify said overruns. All DEVELOPERS shall be responsible for contribution, based upon the same ratios and rational used in Exhibit "AAA" if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds. D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE. OWNERS and /or DEVELOPER agrees that traffic ultimately originating from this development, as well as all "Southwest Infrastructure Developments" will give rise to the need for the Green Briar Drive extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the acquisition of right -of -way of the Green Briar Drive Extension. The City deems the construction of Green Briar as a high priority and agrees to proceed with construction as funding is available. In addition, OWNER'S and/or DEVELOPERS agree to route all construction traffic along state Route 71 to Pavillion or High Point Road and then to the development, and not allow construction traffic to travel along Fox Road from Rt 47 to the development. E. RECAPTURE /RECOVERY OF INFRASTRUCTURE IMPROVEMENTS The CITY shall, in accordance with Chapter 65, Section 5/9 -5 -1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, enter into agreements for recapture /recovery ( "Recapture /Recovery Agreement ") with DEVELOPER providing for the recapture /recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "AAA ", constructed by DEVELOPER which the CITY has determined may be used for the benefit of property Benefited Property ") not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit "DDD" attached hereto. 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 ". 13 22. 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 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 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. 24. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Chally Property as a subdivision to be commonly known as Chally Subdivision in accordance with the Concept PUD Plan approved by the CITY in accordance with the terms hereof, 14 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 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. 27. GENERAL PROVISIONS. A.Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B.Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C.This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith 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 15 shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: i) If to OWNER and/or DEVELOPER:Wyndham Deerpoint Homes 605 Lindsay Circle North Aurora, IL. 60542 Attn: Richard M. Guerard Fax: (630) 966 -1006 with a copy to:Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690 -9652 ii) If to CITY:United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, 11 60560 Fax: (630) 553 -4350 with a copy to:John Wyeth, Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553 -4350 or to such other persons and/or addresses as any 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, See. 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. I 16 i 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.Convevances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Chally whether im roved or unimproved.Y p P 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 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 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.Hi2hwav 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 Atteg -: r-oo, r t-o -c Dated:2 // d 6 CITY Clerk Dated: 91L.10(0 18 LIST OF EXHIBITS EXHIBIT "A ":Legal Description of Chally Property EXHIBIT "B ":Depiction and Legal Descriptions of Zoning Parcels EXHIBIT "C ":Concept PUD Plan EXHIBIT "D ":Development Fee List EXHIBIT `B ":Permitted Variations and Design Standards EXHIBIT "F ":Form Letter of Credit EXHIBIT "H ":Project Signage EXHIBIT "I ":Recapture Improvements EXHIBIT "L ":Right to Farm Disclosure Statement for Final Plats EXHIBIT AAA.Overall Infrastructure Funding Summary EXHIBIT BBB.Front Funding Distribution Summary EXHIBIT CCC.SSA Summary of Terms EXHIBIT DDD.Recapture/Recovery Area Benefited Property EXHIBIT `BEE ": Recapture /Recovery Agreement Exhibit A CHALLY FARM LEGAL DESCRIPTION OF PROPERTY PARCEL 1: CHALLY PROPERTY) THAT PART OF SECTION 6 AND 7, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF SECTIONS 1 AND 12, TOWNSHIP 36 NORTH, RANGE 6EASTOFTHETHIRDPRINCIPALMERIDIAN; DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 45 36 SECONDS WEST, ALONG THE WEST LINE OF SAID SECTION.7, 695.70 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE NORTH 71 DEGREES 11 MINUTES EAST, ALONG SAID CENTER LINE, 37.40 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95 FEET; THENCE NORTH 46 DEGREES 02 MINUTES EAST ALONG SAID CENTER LINE, 1211.09 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 46 DEGREES OZ MINUTES EAST ALONG SAID CENTER LINE, 605.33 THENCE NORTH 57 DEGREES 38 MINUTES 56 SECONDS WEST ALONG THE ORIGINAL CENTER LINE OF PAVILLION ROAD, 391.57 FEET TO A POINT IN THE PRESENT - CENTER LINE OF PAVILLION ROAD: THENCE NORTH 56 DEGREES.53 MINUTES 40 SECONDS WEST ALONG SAID CENTER LINE, 733.02 FEET; THENCE SOUTH 05 DEGREES 20 MINUTES 49 SECONDS WEST, 350.70 FEET; THENCE NORTH 84 DEGREES - 48 MINUTES 15 SECONDS WEST,235.65 FEET; THENCE SOUTH 12 DEGREES 50 MINUTES 30 SECONDS WEST, 540.22 FEET, THENCE NORTH 72 DEGREES 43 MINUTES 25 SECONDS WEST, 610.85 FEET; THENCE NORTH 74 DEGREES 02 MINUTES 01 SECONDS WEST, 863.88 FEET;. THENCE NORTH 01 DEGREE 36 MINUTES 44 SECONDS WEST, 39.81 FEET; THENCE NORTH 64 DEGREES 37 MINUTES 43 SECONDS WEST, 155.43 FEET;'THENCE NORTH 78 DEGREES *33 MINUTES 25 SECONDS WEST,435.29 FEET; THENCE NORTH 08 DEGREES 12 MINUTES 27 SECONDS WEST, 1009.89 FEET; THENCE NORTH 08 DEGREES 30 MINUTES 29 SECONDS WEST, 1205.74 FEET; THENCE SOUTH 80 DEGREES 22 MINUTES WEST, 572.03 FEET; THENCE SOUTH 08 DEGREES 23 MINUTES 08 SECONDS EAST, 2225.04 FEET; THENCE SOUTH 14 DEGREES 17 MINUTES 47 SECONDS EAST, 102.58 FEET; THENCE SOUTH 29 DEGREES 45 MINUTES 26 SECONDS EAST, 86.98 FEET; THENCE SOUTH 55 DEGREES 13 MINUTES 33 SECONDS EAST, 1003.86 FEET; THENCE SOUTH 06DEGREES02MINUTES19SECONDSEAST, 655.38 FEET; THENCE SOUTH 64 DEGREES 37 MINUTES 06 SECONDS EAST, 680.00- FEET;'THENE NORTH 15 DEGREES 12 MINUTES 06 SECONDS EAST, 867.49 FEET; THENCE SOUTH 83 DEGREES 54-MINUTES 40. SECONDS EAST, 332.65 FEET; THENCE SOUTH 79 DEGREES 53 MINUTES 54 SECONDS EAST, 714.78 FEET; THENCE NORTH 09 DEGREES 51 MINUTES 55 SECONDS EAST, 289.93 FEET; THENCE SOUTH 78 DEGREES 17 MINUTES 47 SECONDS EAST, 266.30 FEET; THENCE 'NORTH 25 DEGREES 44 MINUTES 09 SECONDS EAST, 203.40 FEET; THENCE SOUTH 65 DEGREES 59 MINUTES 35 SECONDS EAST, 222.39 FEET TO THE POINT OF BEGINNING; IN KENDALL COUNTY, ILLINOIS- EXCEPT A DESCRIBED TRACT RECORDED IN DOCUMENT NUMBER 95 -07481 AT THE COUNTY RECORDER'S OFFICE WHICH READS AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH, RANGE .7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF UNIT ONE OF PAVILLION HEIGHTS BEING A SUBDIVISION OF PART OF SAID SECTION; THENCE SOUTH 56 DEGREES 53 MINUTES 40 SECONDS EAST ALONG THE CENTER LINE OF PAVILLION ROAD, 266.03 FEET TO THE NORTHEAST CORNER.OF PAVILLION CEMETERY FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56 DEGREES 53-MINUTES 40 SECONDS EAST ALONG SAID CENTER LINE 90.32 FEET; THENCE SOUTH 05 DEGREES 26 MINUTES 31 SECONDS WEST PARALLEL WITH THE EASTERLY LINE, AND IT'S EXTENSION, OF LOTS 1, 2 AND 3 IN SAID SUBDIVISION, 369.45 FEET; THENCE NORTH 84 DEGREES 33 MINUTES 29• 1 I I I I I SECONDS WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 323.49 FEET TO A POINT ON THE EASTERLY LINE OF LOT 4 OF SAID SUBDIVISION; THENCE NORTH 12 DEGREES 50.MINUTES 30 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 4 AND PART OF LOT 3, 60.51 FEET TO THE POINT OF BEND IN SAID LOT 3 ALSO BEING THE SOUTHWEST CORNER OF SAID - CEMETERY; THENCE SOUTH 84 DEGREES 33 MINUTES 29 SECONDS EAST ALONG THE SOUTH LINE OF SAID CEMETERY, 235.62 FEET TO THE SOUTHEAST CORNER OF SAID CEMETERY; THENCE NORTH 05 DEGREES 26 MINUTES 31 SECONDS EAST PARALLEL WITH SAID EAST LINE OF LOTS 1, 2 AND 3, 351.39 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL KENDALL COUNTY, ILLINOIS. ALSO EXCEPT A DESCRIBED TRACT RECORDED IN BOOK 648, PAGE 240 AT THE COUNTY RECORDER'S OFFICE, WHICH READS AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH,•RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS; COMMENCING AT CORNER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 45 MINUTES 36 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 695.70 FEET TO THE CENTERLINE OF ROUTE 71; THENCE NORTH 71 DEGREES 11 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE, 37.40 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING .A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95 FEET; THENCE NORTH 46 DEGREES 02 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE, 1248.18 FEET FOR A POINT OF- BEGINNING; THENCE NORTH 68 DEGREES 58 MINUTES 00 SECONDS WEST, 240.17 FEET; THENCE-NORTH 10 DEGREES 57 MINUTES 14 SECONDS. EAST, 200.32 FEET; THENCE SOUTH 65 DEGREES 58 MINUTES 00 SECONDS EAST, 358.93 FEET TO SAID CENTERLINE; THENCE SOUTH 46 DEGREES 02 MINUTES 00 SECONDS WEST ALONG SAID CENTERLINE, 196.87 FEET FOR A POINT OF BEGINNING,. IN' KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. - ALSO EXCEPT -THE FOLLOWING DESCRIBED TRACT: r A PART OF A TRACT OF LAND DESCRIBED IN BOOK 648, PAGE 238-AT THE COUNTY RECORDER'S OFFICE AND LOCATED IN SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID'SECTION 7; THENCE NORTH 01 DEGREE 45 MINUTES 36 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 7, 695.70 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE NORTH 71 DEGREES 11 MINUTES EAST ALONG SAID CENTERLINE, 37.40 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95 FEET; THENCENORTH46DEGREES02MINUTESEASTALONGSAIDCENTERLINE1211.09 FEET TO A RAILROAD SPIKE SET AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE PREVIOUSLY. DESCRIBED COURSE A DISTANCE OF 238.88 FEET TO A RAILROAD SPIKE SET; THENCE'NORTH 63 DEGREES 11 MINUTES 38 SECONDS WEST,- 372.89 FEET; THENCE SOUTH 10 DEGREES 49 MINUTES 27 SECONDS WEST, 143.75 FEET; THENCE NORTH 69 DEGREES 02 MINUTES 53 SECONDS WEST PARALLEL AND 10 FEET FROM AN EXISTING FENCE, 100.00 FEET; THENCE NORTH 77 DEGREES 35 MINUTES 52 SECONDS WEST PARALLEL AND 10 FEET FROM AN EXISTING FENCE, 191.50 FEET; THENCE SOUTH 46 DEGREES 55 MINUTES 27 SECONDS WEST, 226.57 FEET TO'AN EXISTING WOOD POST; THENCE SOUTH 12 DEGREES 33 MINUTES 12 SECONDS WEST, 425.84 FEET TO A SOUTH LINE OF THE PARENT TRACT; THENCE SOUTH 79 DEGREES 47 MINUTES 26 SECONDS EAST ALONG AN INTERMEDIATE SOUTH LINE OF THE PARENT TRACT, 125.33 FEET; THENCE NORTH 10 DEGREES 09 MINUTES 35 SECONDS EAST MEASURED ALONG AN - INTERMEDIATE EAST LINE OF THE PARENT TRACT, 289.13 FEET; THENCE SOUTH 78 DEGREES 24 MINUTES 01 SECONDS EAST MEASURED AN INTERMEDIATE SOUTH LINE OF THE PARENT'TRACT, 265.56 FEET; THENCE NORTH 25 DEGREES 50 MINUTES 54 SECONDS EAST MEASURED ALONG AN INTERMEDIATE EAST LINE, 203.13 FEET; THENCE SOUTH DEGREES 54 MINUTES 21 SECONDS EAST MEASURED ALONG AN INTERMEDIATE-SOUTH LINE OF THE PARENT TRACT A DISTANCE OF 222.33 FEET TO THE POINT OF BEG.INNI.NG,'ALL LOCATED 2 IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL 2: ANDERSON PROPERTY) THAT PART OF THE WEST 1/2 OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST -OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 01 DEGREE .38 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 695.70 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE NORTH 71 DEGREES 17 MINUTES 58 SECONDS EAST ALONG SAID CENTERLINE OF ILLINOIS ROUTE'71; THENCE -NORTH 71 DEGREES 17 MINUTES 58 SECONDS EAST ALONG SAID CENTERLINE, 37.42 FEET TO A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 6611.12 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AN 'ARC DISTANCE OF 34.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE AN ARC DISTANCE OF 2235.82 FEET TO THE SOUTHWESTERLY LINE OF A TRACT OF LAND CONVEYED TO "LEEDY" IN A WARRANTY DEED RECORDED MARCH 8, 1999 AS'DOCUMENT 89 -1266; THENCE NORTH 64 DEGREES 29 MINUTES 12 SECONDS WEST ALONG SAID SOUTHWESTERLY LINE, 575.80 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND'CONVEYED TO "CHALLY" -IN A QUIT CLAIM DEED RECORDED FEBRUARY 2, 1994 AS DOCUMENT 94 -1410; (THE FOLLOWING THREE CALLS ARE ALONG THE SOUTHERLY LINE OF "CHALLY" TRACT): 1) THENCE CONTINUING NORTH 64 DEGREES 29 - MINUTES 12 SECONDS'WEST, 679.96 FEET; 2) THENCE NORTH 05 DEGREES 55 MINUTES 21 SECONDS WEST, 655.38 FEET;. 3) THENCE NORTH 55 DEGREES 09 MINUTES 44 SECONDS WEST, 1004.19 FEET TO - AN IRON PIPE; THENCE SOUTH 01 DEGREE 28 MINUTES 44 SECONDS EAST, 2835.67 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART DESCRIBED-AS FOLLOWS.: COMMENCING AT THE SOUTHWEST 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 00 SECONDS EAST ALONG THE FORMER CENTER LINE OF SAID ROUTE, 75.24 FEET; THENCE NORTH 0 DEGREE 15 MINUTES '00 SECONDS WEST - 59.09 FEET TO A NORTH RIGHT OF WAY LINE OF SAID ROUTE WHICH IS FEET FROM SAID CENTER LINE, MEASURED AT RIGHT ANGLES THERETO, FOR A POINT OF BEGINNING; THENCE NORTH 01 DEGREE 15 MINUTE.00 SECONDS WEST 175.24 FEET; THENCE NORTH 67 DEGREES 48 MINUTES 07 SECONDS EAST 310.71 FEET; THENCE SOUTH 01 DEGREE 15 MINUTES 00 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 MINTUES 07 SECONDS WEST) TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: COMMENCING AT.THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION, 693.86 FEET TO THE CENTER LINE OF STATE ROUTE #71; THENCE NORTH 73 DEGREES 04 MINUTES 02 SECONDS EAST ALONG THE CENTER LINE OF STATE ROUTE #71, 75.24 FEET TO A POINT LYING 1.09 CHAINS FEET) EAST OF THE WEST LINE OF SAID QUARTER SECTION LINE; THENCE NORTH PARALLEL WITH SAID WEST LINE 232.85 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 71 DEGREES 15 MINUTES 26 SECONDS EAST 310.71 FEET; THENCE SOUTH _PARALLEL WITH SAID QUARTER SECTION LINE, 175.24 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ROUTE #71; THENCE EASTERLY 60.00 FEET ALONG SAID RIGHT OF WAY LINE HAVING A RADIUS OF ICI 3 6556:12 FEET AND CURVING TO THE LEFT WHOSE CHORD BEARS NORTH 73 DEGREES12 MINUTES SECONDS EAST 60.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID QUARTER SECTION LINE. 189.29; THENCE SOUTH 71 DEGREES 15 MINUTES 26 .SECONDS WEST, 370.11 -FEET TO SAID LINE LYING 1.09 CHAINS EASTERLY OF AND PARALLEL TO THE SAID QUARTER SECTION THENCE SOUTH ALONG SAID.LINE, 15.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, - KENDALL.000NTY, ILLINOIS.. PIN: 04 -01- 476 402 04 -12- 200 -003 05 -06- 351 -001 05 -07- 151 -010 05 -07- 301 -003 4 ON EXHIBIT B° a d 3• Or k t 1 1 ErAo i n ay. ,ty J,R1 a ' 3 n R ,. S.. a 3 eta 4Yxrt 1 q, • J .gf fit,J k ' p " •. -E[ftting ZOnin9 FUIYtrIcC Famdwg e- F Proposed ZOntng- R- Z/P.TM/B -3 1 y 4 0 Wit$ f tl A 4. P t t Total Slagle ratalty Leta-224 1 4 41 fa Total sits Area-149.$4 At 6rovaspa Sp 7,5 D: TotalO 24.MWnSgu- 37.O AU -34.]% f r •k1, 8a. a 2 4 +'Q RR P U D1 R1 e i C ems-Tl+e L y Al R3 I i a p Rl _ R s t t gyp .' ea Chally Farm Zoning Depict City of f EXHIBIT G V j • , rM T ai{ rLalxca Rwrwq y YnsYVh+iR" Ya[4 t•jtilru z'y j`va Rg i TugBk ilr "Ana^ti9 -611 Ar..r' 9 sl 1•wr i w Ii.j1 ls- ve aew 1 An ne.nY q., f s At IF f 4 r..x Iw uaw ww s f a'ws`I +rt F A S!p Pro Chally Farm Illustrative Plan City c o EXHIBIT D Name of Fee Amount Time of Pavment 1 School District Transition Fee 3,000 per unit Paid to School District Office prior to application for building permit At time of building permit, paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development, at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee 3,523 per acre PAID BY SPECIAL TAX PROCEEDS 650 + $.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee 3,700 per unit PAID BY SPECIAL TAX PROCEEDS 7 Water Meter Cost (not applicable to fee lock) 390 per unit Building Permit 8 City Sewer Connection Fee 2,000 per unit PAID BY SPECIAL TAX PROCEEDS 9 Water and Sewer Inspection Fee 25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee 35 per unit Building Permit 1 l 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 11c 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 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 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 annexation /development 13 School Land Cash Fee per acre agreement and land /cash donations negotiated 14 Road Contribution Fund 107 per unit 1,893 (per unit) PAID BY SPECIAL TAX PROCEEDS 875 per unit, escalating each calendar year at a rate determined by 15 County Road Fee ordinance 674 (per unit) PAID BY SPECIAL TAX PROCEEDS 16 Weather Warning Siren 75 per acre Final Plat 1.75% of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25% of Approved Engineer's Estimate of Cost of Land Improvements 18 Engineering Review Fee Final Plat i EXHIBIT "E" PERMITTED VARIATIONS AND DESIGN STANDARDS I.Permitted Variations to Zoning Ordinance: A. Section 12.15.5: Sign Code I .Increase sign face area and height standards to comply with the standards set forth in Exhibit "H" attached hereto II. Permitted Variations to Subdivision Ordinance: III. Permitted Variations 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 1 •I V EXHIBIT F Letterhead of a Bank, Savings. and Loan or Mortgage House) I ' 20 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Subdivision Naive Letter of Credit No. For Account of Amount Date Gentlemen: The undersigned by its' duly name of f mmeial institution)name Br title) authorized agent„ hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville in the amount of S which represents 110% of the cost of the improvements described herein. Such credit is available to be drawn upon by said City upon presentation to this bunk of your demand for payment accompanies by a copy ofthis Letter ofCYedk. 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 DIVISION "B" - WATER MAIN engineer's estimate =1 DIVISION "C" - STORM SEWERS engineer's estimate = DIVISION "D" - STREETS engineer's estimate —1 DIVISION "E" - DETENTION BASIN engineer's estimate —1 DIVISION "F" - MISC. U%WROVEMENTS engineees estimate — Total engineees estimate - The costs of the fbregoing improvements are detailed in the attached Engineer's Cost Estimate. EXHIBIT F The developmertt 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 subdivides engineer) The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost esti=ed for said modifications. This Irrevocable Letter of Credit shall expire on 20 provided, however, the undersigned shall notify the City Clerk by certified or registered mail, return receipt requested, at least ninety (90) days prior to said expiration date, that said Letter of Credit is about to expire. In no evert 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 tenninatc 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 weed 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 (30) 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 1 EXHIBIT F 5.that the City of Yorkville has determined that the public improvements or other improvements. covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parries, or 6:that if more Hands are disbursed at this time on order of the owner and/or subdivider insufficient Blends will xennain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the owner and/or subdivider has been notified that the nwtticipality finds that a breach of the owner's and/or subdivider's obligations has occurred and has not been cured within a period of thirty (30) days. The issuer's obligation to the City is based solely on this Irrevocable: Letter of Credit er onuent between this financial institution and the City and is not subject to instructions from our customer. It is recognized that the City hag directed our customer to proceed with the construction of public improvements upon the guarantee ofthis irrevocable commitment. It is further acknowledged that .the conBideration 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 undenakiog 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 certnfj -n 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 Creditmaybereduced. The outstanding balance of this Letter of Credit shall be the face amour of thisLetterofCreditlessanyamountwhichisdischargeduponcertificateoftheCityClerk; Providedhowever, the outstanding balance ofthis Letter of Credit shall not be reduced to leas than 25% of the approved engineer's estimalte upon which this Letter of Credit is based until the City Council acceptstheaforementionedimprovementsandacertificateoftheCityClerkcertifyingthattheLetterof 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 andcourtcostswhichmaybeincurredby _the City in enforcing collection of this Letter of Credit in accordance with its' teams. EXHIBIT F We hereby engage with you the all damands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to eViration of this Letter of Credit. BY:ATTEST: Name:Name: Title:Title: STATE OF ELLMOIS) SS COUNTY OF I, the undersigned, a Notary Public in and fbr the County and State aforesaid, do hereby certify that Personally known to me to be the of the title) and personally known to me to be the name of institution)title) 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 as such and title)titie) respectively, and caused the corporate seal of said to be affixed 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 20_, SEAL Notary Public I I i 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: I.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 I 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. I H -2 I Exhibit "L" KENDALL COUNTY RIGHT -TO -FARM STATEMENT NOTICE: Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator - A -1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells, dust, sights, noise, and unique hours of operations that are not typical in other zoning areas. Exhibit AAA -1: Overall Infrastructure Funding Summary 8/ 3/06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Construction EngineeeringTotalFront Estimate Preliminary Design Construction SubtotalCostFunding F. 1 -Well No. 13 704, 000 $ 40, 000 $ 62, 000 102, 000 806, 000 40, 000 F. 2 - Well No. 13 WTP 2, 893,880 $190, 000 $ 175, 000 365, 000 3, 258,880190, 000 F. 3 - Green Briar Drive Water Main Extensior $ 591, 375 44, 353 $ 44, 353 88, 706 680, 081 44, 353 F. 4 - 2. 0 MG EWST 3, 564,000 $105, 000 $ 116, 500 221, 500 3, 785,500105, 000 F. 5 - BP/ PRV Station (Chally Farm)500, 500 $ 40, 000 $ 35, 000 75, 000 575, 500 40, 000 Additional Consultation, Surveying & Testing $70, 000 70, 000 70, 000 70, 000 Water Subtotal: $ 8, 253,755 $489, 353 $ 432, 853 922, 206 9, 175,961489, 353 Green Briar Road R. O.W. Acquisition 672, 000 $ 20, 000 20, 000 692, 000 20, 000 F. 8 - Fox Road Resurfacing 504, 260 $ 30, 000 $ 40, 000 70, 000 574, 260 30, 000 Pavillion Road Improvements 1, 187,549 $95, 004 $ 95, 004 190, 008 1, 377,55795, 004 Additional Consultation, Surveying & Testing $5, 000 10, 000 $ 47, 502 62, 502 62, 502 15, 000 Transportation Subtotal: $ 2, 363,809 $ 25, 000 135, 004 $ 182, 506 342, 510 2, 706,319160, 004 u 1 1 MYA 1 6 l ain lei 0 ®® W "kwiX g Contract No. 1 & 2 5, 161,080 $325, 000 $ 341, 500 666, 500 5, 827,580325, 000 Sanitary Sewer Subtotal: $ 5, 161,080 $325, 000 $ 341, 500 666, 500 5, 827,580325, 000 RwAff a SW Planning Area Stormwater Study 33, 800 33, 800 33, 800 33, 800 Stormwater Subtotal: $33, 800 33, 800 33, 800 33, 800 TOTAL (Water, Trans., San., & Storm) :15, 778,644 $ 58, 800 949, 357 $ 956, 859 1, 965,01617, 743,6601, 008,157 G: 1Publie \ Yorkville\ 20041Y00402 Fox Road Water System Extension Analysis\ Eng1SSA Tables \WO MB and GB - W City Funding\[ Development Funding Summary (WOMB8WCityFunding). xls]ProjectSum. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 2: Funding Distribution Summary M1/ 06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL ez k eftr f! IF, L i4aliu .c; UWDINUfSIyMMA7 tdl 118f u..A',;.. Total Single Water ITpr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost I Subtotal Cost / Subtotal Cost / SubtotalCost / TotalCost / Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,8811, 990,881 Silver Fox 103 172 1. 67 19. 7% 1, 412,381 $ 8, 212 $ 441, 364 $ 2, 566 $ 1, 084,910 S 6, 308 $ 5, 691 $ 33 $ 2, 944,346 $ 17, 118 Evergreen Farm 49 77 1. 57 8. 8% 632, 287 $ 8, 212 458, 488 $ 5, 954 $ 496, 339 $ 6, 446 $ 2, 715 $ 35 $ 1, 589,830 $ 20, 647 Aspen Ridge Estates 126 217 1. 72 24. 8% 1, 781,900 $ 8, 212 756, 945 $ 3, 488 $ 1, 356,178 $ 6, 250 $ 6, 982 $ 32 $ 3, 902,005 $ 17, 982 Chally Farm 154 224 1. 45 25. 6% 1, 839,381 $ 8, 212 $ 574, 799 $ 2, 566 $ 1, 484,251 $ 6, 626 $ 8, 533 $ 38 $ 3, 906,964 $ 17, 442 York Wood Estates 178 185 1. 04 21. 1% 1, 519,131 $ 8, 212 $ 474, 723 $ 2, 566 $ 1, 405,901 $ 7, 599 $ 9, 880 $ 53 $ 3, 409,635 $ 18, 430 Total 610 875 1. 43 100. 0% 9, 175,961 2, 706,319 S 5, 827,580 S 33, 800 15, 752,779 h (w aka ,,: 11AA )CIfiAUMIRECAF' fU4E/ REG OVERY OR= ADDITIONAL FEES (NEGATIVE NUfiIIBER)'.$ UMMAR- 5r+ R1gr. Total Single Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost Subtotal Cost/ Subtotal Cost/ SubtotalCost! SubtotalCost/ Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,8811, 990,881 Silver Fox 103 172 1. 67 19. 7% 775, 981 $ 4, 512 $ 18, 436) $ 107) $ 379, 098 $ 2, 204 $ 1, 155,079 $ 6, 716 Evergreen Farm 49 77 1. 57 8. 8% 347, 387 $ 4, 512 $ 41, 689) S 541) $ 169, 712 $ 2, 204 $ 517, 099 $ 6, 716 Aspen Ridge Estates 126 217 1. 72 24. 8% 979, 000 $ 4, 512 $ ( 117, 488) S 541) $ 478, 280 S 2, 204 $ 1, 457,280 $ 6, 716 Chally Farm 154 224 1. 45 25. 6% 1, 010,581 $ 4, 512 $ 24, 010) $ 107) $ 493, 709 $ 2, 204 $ 1, 504,289 $ 6, 716 York Wood Estates 178 185 1. 04 21. 1% 834, 631 $ 4, 512 $ 19, 829) $ 107) $ 407, 751 $ 2, 204 $ 1, 242,382 $ 6, 716 Total 610 875 1. 43 100. 0% 5, 938,461 221, 451) 1, 928,5507, 867,011 nlr;;;; a , ,k.•:" , TOTAiL' FE IXEDrINF.. RA6TRUCT, URE' FUNDIPG' SUMMARY '(INFRASTRUCTUREFUNAING?= MAXIMUM' nuur r,. ., nFJRE000ERYli4fi110UN. 11*`rh Total Single Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost / Subtotal Cost I Subtotal Cost / SubtotalCostISubtotalCostI Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville Silver Fox 103 172 1. 67 19. 7% 636, 400 $ 3, 700 $ 459, 800 $ 2, 673 $ 705, 812 $ 4, 104 S 5, 691 $ 33 $ 1, 807,702 $ 10, 510 Evergreen Farm 49 77 1. 57 8. 8% 284, 900 $ 3, 700 $ 500, 177 $ 6, 496 $ 326, 627 $ 4, 242 $ 2, 715 $ 35 $ 1, 114,419 $ 14, 473 Aspen Ridge Estates 126 217 1. 72 24. 6% 802, 900 $ 3, 700 $ 874, 433 $ 4, 030 $ 877, 898 $ 4, 046 $ 6, 982 $ 32 $ 2, 562,212 $ 11, 807 Chally Farm 154 224 1. 45 25. 6% 828, 800 $ 3, 700 $ 598, 809 $ 2, 673 $ 990, 542 $ 4, 422 $ 8, 533338 $ 2, 426,684 $ 10, 833 York Wood Estates 178 185 1. 04 21. 1% S 684, 500 S 3, 700 $ 494, 552 $ 2, 673 $ 998, 151 $ 5, 395 $ 9, 880 $ 53S2, 187,082 $ 11, 822 Total 610 875 1. 43 100. 0% 3, 237,500 2, 927,770 3, 899,030 33, 800 7, 885,768 G: 1PUblIQYCdwdIS1200d1Y00d02 Fos Road Water System EsW= m Anmysis% EnglSSATsblosKDewlopnntFwdgSummary (W8P -PRVRecap1). slsjDOV. bum. Notes - The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjustedaccordingly. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 3: Water Works System Improvements Funding DistributionW31106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL WATER DISTRIBUTION FUNDING SUMMARY Total Single Water Distr.Wate Additional Supply, Total FeesWater Family Density Percent of Funding Connection Fee Treatment & Storage For WaterImprovement Funding Entity Acreage Units (DU) DU /Acre) Total DU At $1, 4351 DU At $3, 700 / DU At $3, 0771 DU ImprovementsCostperDU United City of Yorkville 1, 990,881 Silver Fox 103 172 1. 67 19. 7% 246, 811 636, 400 529, 170 1, 412,3816, 212 Evergreen Farm 49 77 1. 57 8. 8%110, 491 284, 900 236, 896 632, 287 8. 212 Aspen Ridge Estates 126 217 1. 72 24, 8%311, 364 802, 900 667, 616 1, 781,9008. 212 Challv Farm 154 224 1. 45 25. 6%321, 429 828, 8DD 689, 152 1, 839,3818, 212 York Wood Estates 178 185 1. 04 21. 1%265, 466 684, 500 569, 166 1, 519,1318. 212 Total / Average 610 875 1. 43 100. 0% 1, 255,581 3, 237,500 2, 691,999 9, 175,961 G:1 PuW.% Y. W11sV0011YODr07 Fu Rwd WoW SytlW. Exm, ui. nA- 1ydslE, g% SATv b1.. V.. 1 .p- tF- 6VSummery( W8P- PRVR- pl). 1.F& , POTENTIAL MAXIMUM RECAPTURE /RECOVERY AMOUNT SUMMARY Less Water Less Maximum Recovery Total SingleRecoveryMaximum Off -site Water Main Project /Total Conn. Fee City Recoverable per FamilyperRecoverable Infrastructure Item Project Cost At 3, 700 / DU Comr. Amount (Dev.)D. U.Development Units (DU)D. U.Amount Well No. 13 806. 000 United City of Yorkville1, 990.881 Well No. 13 WTP 3, 298,880 Silver Fox 1724, 512 775. 981 2. 0 MG EWST 3, 815,500 Evergreen Farm 774, 512 347, 387 Supply, Treatment, 6 Storage Subtotal: 7, 920,380 3, 237,500 1, 990,881 2, 691,999 3, 077 Aspen Ridge Estates 2174, 512 979, 000 Green Briar Road WM 680, 081 660, 081 777 Chally Farm 2244, 512 1, 010.581 BP / PRV Station 575, 500 575, 500 658 York Wood Estates 1854, 512 834, 631 Distribution subtotal:1, 255,581 1, 255,581 1, 435 Total /Average 8754, 512 5. 938,461 Total: $9, 175,961 3, 237,500 1, 990,881 3, 947,580 4, 512 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 4: Transportation Improvements Funding DistributionSri= SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL TRANSPORTATION FUNDING SUMMARY Transportation Transportation Total Single Density Percent of Infrastructure Fee Improvement Funding Entity Acreage Family Units (DUI DU /Acre) Total DU At $2, 0001 DU Cost per DU Silver Fox 103 172 1. 67 19. 7% 344, 000 2, 000 Evergreen Farm 49 77 1. 57 8. 8% 154, 000 2, 000 Aspen Ridge Estates 126 217 1. 72 24. 8% 434, 000 2, 000 Chally Farm 154 224 1. 45 25. 6% 448. 000 2, 000 York Wood Estates 178 185 1. 04 21. 1% 370, 000 2, 000 Total /Average 610 875 1. 43 100. 0% 1, 750,000 G: Wub1MYOdtv111eVW4 %Y00402 Fox Road Water System Extension Analysls% Eng=A TOM %= Me and GB - W City FundingWavetopment Funding Summary (WO MB 6W City Funding). xIslrransponalion POTENTIAL MAXIMUM RECAPTUREIRECOVERY AMOUNT SUMMARY Portion Of Remaining Transpor.Transpor. Fees Total SingleRemainingRemaining Transportation Total Impact Fee Impact per Family DwellingFeesTranspor. Impact Improvement Project Cost At 2, 0001 DU Fee D. U.Development Units (DU)perDUFees Green Briar Road R. O.W. Acg.702. 000 Silver Fox 172107)18. 436) Fox Road Resurfacing 574, 260 Evergreen Farm 77541)41, 689) Subtotal:1, 276.260 1, 276,260 1, 459 Aspen Ridge Estates 217541)117, 488) Pavillion/ Fox Road Improvements:1, 430,059 Chally Farm 224107)24. 010) Less County Impact Fee Contribution: 589, 097)York Wood Estates 185107)19, 829) Pavilllon Local Funding Subtotal:840, 962 Total:875221, 451) Pavilion Road (30% Regional Share)252, 289 252, 289 434 Pavilion Road 570% Adjacent Share)588, 673 Total (S( Iver, Chally, York): 1, 099,725 1, 162,000 62, 275) 5$ 107) Total (Evergreen):406, 648 154, 000 41, 669) 541) Total (Aspen):610, 849 434, 000 117, 488) 541) Notes: 70% of the Pavillion Road Improvement cost is applied to Aspen Ridge and Evergreen Farms; 30% (assumed regional portion of the improvement) is applied to the remaining subdivisions It is assumed Evergreen Farm and Aspen Ridge do not recover dollars from their Pavillion Road investment Of the four legs of the Pavillion Road Improvement with reference to the Fox and Pavilion intersection, the cost breakout for the 70% of the total portion that is applied to Evergreen Farms andAspenRidge is as follows: North and East -100°/ 6 Evergreen Farms, West - 100% Aspen Ridge, South - 50% each The total cost for the regional (Non- County Impact Fee eligible) improvements is less than the total amount of money that will be collected for the $2, 0001 D. U. impact fee; The remaining portionoftheimpactfeewifibedue at building permit. Since Evergreen Farm and Aspen Ridge are not funding the "Regional Share" of Pavillion Road (they are funding the adjacent share), their transportation impact fee does not count against thatportionoftheimprovement ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 5: Sanitary Conveyance Improvements Funding Distributionar" SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL SANITARY CONVEYANCE FUNDING SUMMARY YBSD City Additional Total FeesSanitary Total Single Density Percent of Infrastructure Fee Connection Fee Funding Required ForSanitaryImprovement Funding Entity Acreage Family Units (DU) DU /Acre)Total DU At $3, 523 / Acre At $2, 0001 Unit At $2, 2041 DUImprovementsCostperDU Silver Fox 103 172 1. 67 19. 7%361, 812 344, 000 379, 096 1, 084,9106, 308 Evergreen Farm 49 77 1. 57 8. 8% 172. 627 154, 000 169, 712 496, 339 6, 446 Aspen Ridge Estates 126 217 1. 72 24. 8% 443, 898 434. 000 478. 280 1, 356.1766, 250 Chally Farm 154 224 1. 45 25. 6% 542, 542 448. 000 493, 709 1, 484,2516, 626 York Wood Estates 178 185 1. 04 21. 1% 628, 151 370, 000 407, 751 1, 405,9017, 599 Total I Average 610 875 1. 43 100. 0% 2, 149,030 1. 750,000 1, 928,550 5, 827.580 G,% PubliciYorkville120041Y00402 Fox Road Water System Extension AnaIysist EngISSATab1ss1W0MS and GB -WCOy Fund1nonDevehpment Funding Summary (WO MB& WCIty Funding).% Is]Sanory AS a W Ctty Fundinpuas] Senbary Summary (WO MedWCityFunding) ASISanfWry POTENTIAL MAXIMUM RECAPTURE AMOUNT SUMMARY Estimated Less Less Maximum Recovery TotalSingleRecoveryMaximum Sanitary Interceptor Project YBSD Infr. Fee City Conn. Fee Recoverable per FamilyDwellingperRecoverable Contract Cost At $3, 5231 Acre At $2, 0001 DU Amount D. U.Development Units (DU)D. U.Amount Contract Nos. 1 + 2 5, 827,580 2, 149,030 1, 750,000 1, 928,550 2, 204 Silver Fox 1722, 204 379, 098 Total /Average 5, 827,580 2, 149,030 1, 750,000 1, 928,550 2, 204 Evergreen Farm 772, 204 169, 712 Aspen Ridge Estates 2172, 204 478. 280 Chally Farm 2242, 204 493, 709 York Wood Estates 1852, 204 407, 751 Total /Average 8751, 928,550 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit BBB: Front Funding Distribution SummaryW/ 06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Single Water Imps Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Front FundinE Subtotal Front FundinE Subtotal Front FundlnE Subtotal FrontFundInCTotalFrontFundlnG Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost Amount Cost Amount Cost Amount CostAmountCostAmount' Silver Fax 103 172 1. 67 19. 7% 1Al2, 381 $ 96, 193 $ 441, 364 $ 26, 094 $ 1, 084,910 $ 60, 505 $ 6, 644 $ 6, 644 $ 2, 945,299 $ 189, 436 Evergreen Farm 49 77 1. 57 8. 8% 632, 287 $ 43, 063 458, 488 $ 27, 107 $ 496, 339 $ 27, 680 $ 2, 974 $ 2, 974 $ 1, 590,089 $ 100, 825 Aspen Ridge Estates 126 217 1. 72 24. 8% 1, 781,900 $ 121, 360 756, 945 $ 44, 752 $ 1, 356,178 $ 75, 633 $ 8, 382 $ 6, 382 $ 3, 903,406 $ 250, 127 Chally Farm 154 224 1AS 25. 6% 1. 839,381 $ 125, 274 $ 574, 799 $ 33, 983 $ 1, 484,251 $ 82, 776 $ 8, 653 $ 8, 653 $ 3, 907,083 $ 250, 686 York Wood Estates Total 610 875 1. 43 100. 0% 7, 185,080 I $ 489, 353 $ 2, 706,319 $ 160, 004 $ 5, 827,580 $ 325, 000 $ 33, 800 $ 33, 800 $ 15, 52,779 $ 1, 008,057 G: Wubk%YcAvIW120041Y00402 Fes Rood Syo Emembn AotyobSvZSA To WWO MB WGB• WCByFWYgVCOPebpnrNFuntlYpSummery( WOMBbWCllrFmdiq)boJFmnlFulal- Notes: The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjusted accordingly. The Front Funding Amount for each infrastructure component is computed by using the proportional share of theSubtotal Cost multiplied by the total front funding amount required. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, 1 i DRAFT EXHIBIT CCC UNITED CITY OF YORKVILLE, ILLINOIS KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREAS SERIES 2007 — PAYDOWN BONDS Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms ISSUER:United City of Yorkville, Illinois (the "City ") BOND TYPE:Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off -site Public Improvements benefiting the Special Service Areas (the Areas"). Improvements include roadways (including Pavillion Road) sanitary sewer facilities, water facilities, costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS:The City will form five separate special service areas (the "Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated, the special service areas will be: 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 EXHIBIT CCC STRUCTURE:Pursuant to a Special Tax Roll, the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively, this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property i.e., prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly, the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment. " Beginning in 2009, each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment, the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Averaee Estimated Tax Pavments SPECIAL TAX PAYMENTS: per unit) Year Amount 2009 1,196 2010 1,196 2011 1,196 2012 1,196 2013 6,485 2014 6,485 2015 6,485 2016 4,185 t) includes principal and interest assumes an average debt of $22,955 /unit assumes title does not transfer assumes no prepayment and an average Debt Service Reserve Credit of $2,295 /unit ESTIMATED SOURCES Sources: AND USES OF FUNDS:Bond Proceeds 20,086,000 Original Issue Discount 200,860) City Funds 1,990,880 Interest Earnings 619,480 22,495,500 Uses: Improvements 17,743,660 Debt Service Reserve 2,008,600 Capitalized Interest 2,301,520 Costs of Issuance 441,720 22,495,500 In order to allow for prepayment at any time without penalty, the bond purchasers will require a 1% discount on the bonds at the time of issuance. Z) Interest is earned on the unspent bond proceeds held by the bond trustee. 3) The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See "Debt Service Reserve." 4) Interest is capitalized through March 1, 2009. The first tax bill will be June 2009. 5) Costs of issuance are estimates and subject to change. DRAFT EXHIBIT CCC DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10% of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount see "Payoff') at the time the lien is released (the "Debt Service Reserve Credit "). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF:Based on a $20,086,000 bond issue, the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit Amount City of Yorkville 1,990,880 Silver Fox 17,118 4,709 21,827 2,183 19,644 Evergreen Farm 20,647 5,680 26,327 2,633 23,694 Aspen Ridge Estates 17,982 4,946 22,928 2,293 20,635 Chally Farm 17,442 4,798 22,240 2,224 20,016 York Wood Estates 18,430 5,070 23,500 2,350 21,150 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 DRAFT EXHIBIT CCC redemption. The Bonds will be called in order of maturity. When the amount on deposit in the Special Redemption Account equals $1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION:The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT:Annually on or before the last Tuesday in December, the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL:Foley & Lardner UNDERWRITER:William Blair & Company TRUSTEE:Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMINISTRATOR:The City will hire David Taussig & Associates as the special service area administrator (the "Administrator ") to assist the City in the levy, abatement and collection process. EXHIBIT DDD 1 F SR"'aURE ZONE "' 2 { mrm Z'ENTF" ZONMJ i RUM J CURRENT FACtLgflE 8F E1fAb70W3 T aa4E: SDA, DDOG i1 490UNID ELEVATIONS: W49 4UFFLY: IASO GPM Itttiil Ci 11Y' yr FORfST PRESERVEEET t PN a , r. N4iizli wylom t t' R, N ,,Nr F tri,,,cltTI F8 AN4V L,£YATIOMN t 91- 4" MOUMD ELEVA'" MOt 46Tj?39 I 5URR6Y:C+4RMI 1 - rwawr tEGE1Jl 1 90PtttmR RECAPT[ 4RE1REiCOMERYAREA @ ZONE" R. Ta CEMMAL. ZONE,. t EilM14r t1541!r4I4Pa caners uTa tMwdiTMNI GURREN4 RACILFT11e8 AND ELEYATF" aTR.l4E: D G DDTc SeT? Ql1R0ELTMATlG418: g6F). Ti3 r1tl89lR M419Y.ISUNPl. Y: 4irl ld armlrMtlat f I ttat r t RRE $5U 35dNEQt4. Ai 9EIT113SNIE7 l r I n1eAiYEtect: Autt UFtNENTFA5'• RL7R ARP E$,lR Q@. QvMkB ELL A719R15t ??S^? e9 c -tgQ' iis Uk'FLY: a. 9a4 UFM t . c 1 V.j I 7' r r•. + •y M _RXISi(NGLESSTMM rWATER "M ENlS? 1NG4 "'NTAMAtN'. PRriSSUR&ZONE lB4.S {SCIUTLtFAST ZONE) CEgnOrautwrs IEk1INGaTNATMhmm QNl3R@NT FAG ,"U AND UVATIMA I t t EZ O NG , 1ZmWATERMAIN MAIN STABA.. 6; D+ Ca4L 4ROANDIFV' WATERMAIN N GR© UR4 FLRNATICMI &t .MS -6FS SUEPLYt @ S+ PEd L t 4- FMUR. E9d 'MATERMM t1 tratum Roallwoorom n RONE kPiLl t n T sea, Ine,aAiL C Qr YOR¢ ICaVILL S P11iNtST [LBttd lilkG ReelREEN ROW161T EXHIBIT DDD PJCW KEN L 412Wvi2OW7i00 L— r 1 r yLEGEND d Y -R creTCSRFnaeco R e. i w N L it s 1 if I I€ AMInomFtng €r tm Im U o cire QF Y€ 1RKVILLE 111NWEST PL NNIE G 4RR rREGPONALSMITARYIMPROVEMIENTS ffl* 4tln4 Enotn KETIp1tLL 46UNSY, 1LlmolsRECOM/ E3ECArWREAKA sow o;S1T inrisa 055+ 030/ 40-2350s r XM EXHIBIT EEE RECAPTURE/RECOVERY 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. I EXHIBIT EEE 3.RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the Recapture Costs ". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent (6 %) per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4.COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel, or any portion thereof, his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and /or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur, the CITY shall collect from such Benefited OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5.PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERs as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6.CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, DEVELOPER and /or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and EXHIBIT EEE free access to the CITY's books and records pertaining to the subdivision and /or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and /or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7.CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothin g 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 Costsg 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. EXHIBIT EEE D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty -four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY:United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553 -4350 with a copy to:John Wyeth, Esq. 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553 -4350 If to OWNER F.Severabilitv: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. EXHIBIT EEE 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. EXHIBIT EEE W: \CURRENT PROJECT&SW PROJECTS \FINAL FINAL&CHALLY FARM\CHALLY ANNEXATION AGREEMENT_8_17_06.DOC 8/19/2006 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 i A -1 20116 iiiii Filed for Record in STATE OF ILLINOIS i!.ENDALL COUNTY? ILLINOIS PAUL AHDER60H ss 09 -29-2006 At 1-12'.31 pm, COUNTY OF KENDALL ORDINANC:E 91.00 RHOOP vurcharse I1') 0i1 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 J JOSEPH BESCO J VALERIE BURD YL PAUL JAMES l DEAN WOLFER MARTY MUNNS ROSE SPEARS YL JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this O Day of A UC U5 %A.D. 2006. MAYO Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 0 day of AU G U6 A.D. 2006. ATTEST: v CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 I Page 3 of 3 REVISED August 28, 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 (,(CcCS r, 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. I1- 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). p I 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, M. 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 fixrther 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, 111. Rev. Stat. Ch. 24, Paras. 7 -1 -8 and 11- 15.1 -1 et seq. (1987), and all other applicable statutes, and all applicable ordinances, regulations and procedures of the City. This Agreement is made and entered into by the Parties pursuant to the provisions of Section 11- 15.1 -1 et seq. of the Illinois Municipal Code. L.The Corporate Authorities have duly considered all necessary petitions to enter into this Agreement, have considered the recommendations of the City Plan Commission in connection with the proposed zoning of the Property and have further duly considered the 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: CO3 ARTICLE II 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, 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. Further, should any of the fees set forth on Exhibit D (attached hereto and later discussed herein) be decreased or the timing of payment altered by the City, either through negotiation or order of court, then and in such event Owner and/or Developer shall also receive the benefit of such reduction. 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 I 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 Properly. 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 permit fees, plan review fees, inspection fees, utility fees, application fees or user fees during the Term of this Agreement unless such increases are: (i) made generally applicable to all owners, users and developers of property within the City; and (ii) 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 c 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 128,772) of the estimated $294,336.50 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 VU 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 PERNUTS 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 2-e 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 waters stem and sanitaryary 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 XII ANNEXATION, RECAPTURE AND EMPACT 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 MI 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 warrants and represents that no recapture fees are due and payable to any person or entity as a result of the annexation of the Property to the City or as a result of connection to any utility improvements serving the Property. D. In order to provide for the maintenance of the Subdivision signage, a e, 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 XIII 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. i 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. N ARTICLE XVI REMEDIES A. Upon a breach of this Agreement, any of the Parties, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance or both, or may obtain rescission and disconnection for material failure of performance. No action taken by any party hereto pursuant to the provisions of this Article XVI or pursuant to the provisions of any other Article of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non - exclusive of any other remedy either set forth herein or available to any party at law or in equity. B. In the event of a material breach of this Agreement, the Parties agree that the party alleged to be in breach shall have thirty (30) days after written notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same). C. If any of the Parties shall fail to perform any of its obligations hereunder, and the party affected by such default shall have given written notice of such default to the defaulting party, and such defaulting party shall have failed to cure such default within thirty (30) days of such default notice (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (including attorneys' fees and litigation expenses) incurred by it in connection with action taken to cure such default. D. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. E. If the performance of any covenant to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include acts of God, war, acts of civil disobedience, strikes or similar acts), the time for such performance shall be extended by the amount of time of such delay. CN ARTICLE XVH 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, (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 5 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. C \ 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. OWNER shall have the right to on of narticinatine in he SSA by nroviding written notice to the CITY of its intention to indenendentiv fund OWNER'S oro rata share of the infrastructure t costs as set firth nn Exhib "AAA -2" Writte notice of OWNER'S intent to ont -out of the SSA must be nrovided in accordance with the Notice nrovisions of this Aereement and b h' . QQ days nrior to (i) January 15. 200 or (ii) actual issuance of the bond(s) whichever is later, MIERW av its pro rata share of the eta no later than the date of the bond issuanc in-relily availabl funds. OWNER'S failure to provide notice within the reonir .rl time ne be dmned to b its consent to participate intheSSA. 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. W 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. Owner's and/or Developer's payments hereunder shall be deemed its sole obligation toward the cost of constructing Green Briar Road and no future tax or assessment of any kind shall be place either against the Property or Owner and/or Developer to fund such construction. 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 Comniled Statutes. 2002 Edition, enter into agreements for recapture /recovery ( "Recapture/Recovery Agreement ") with DEVELOPER providing for the recapture /recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "AAA ". constructed by DEVELOPER which the CITY has determined may be used for the benefit of property Benefited Property ") not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit "DDD" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "EEE ". ARTICLE XVIII TERM This Agreement shall be binding upon the Parties and their respective successors and assigns for twenty (20) years, commencing as of the date hereof, and for such further term as may hereinafter be authorized by statute and by City ordinance. If any of the terms of this Agreement, or the annexation or zoning of the Property, is challenged in any court proceeding, then, to the extent permitted by law, the period of time during which such litigation is pending shall not be included in calculating said twenty (20) year period. The expiration of the Term of this Agreement shall not affect the continuing validity of the zoning of the Property or any ordinance enacted by the City pursuant to this Agreement. ARTICLE XIX MISCELLANEOUS A. Amendment. This Agreement, and the exhibits attached hereto, may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the City approving said amendment as provided by law and by the execution of said amendment by the Parties or their successors in interest. B. Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement, and to that end, all provisions, covenants, agreements and portions of this Agreement are declared to be severable. If for any reason the annexation or zoning of the Property is ruled invalid, in whole or in part, the Corporate Authorities, as soon as possible, shall take such actions (including the holding of such public hearings and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit and intent of this Agreement and the objectives of the Parties, as disclosed by this Agreement, provided that the foregoing shall be undertaken at the expense of the Developer. C. Entire Agreement. This Agreement sets forth all agreements, understandings and covenants between and among the Parties. This Agreement supersedes all prior agreements, negotiations and understandings, written and oral, and is a full integration of the entire agreement of the Parties. D. Survival. The provisions contained herein shall survive the annexation of the Property and shall not be merged or expunged by the annexation of the Property to the City. 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 Bouma PC 1755 South Naperville Road, Suite 200 Wheaton, Illinois 60187 630) 221 -1755 Fax (630) 221 -1756 Notices shall be deemed given on the second (2' 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: ayor ATTEST: r1 CIU k OWNER: EVERGREEN FARM ESTATES LLC, By: Its:e /,y Attest:ct, `"'q tlfe— 6 ._J - Its:C n o +O- STATE OF ILLINOIS SS. COUNTY OF Xenda // I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THATAelwua F. P9mM,5X,4 , Tf - personally known to me to be the Mayor of the United City of Yorkville, an Illinois municipal corporation and JA(2auEc yam/ A1iC5' +fsK/ 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, -' day bf OQ , 2006. Noz Public wwwrw OFFICIAL SEAL LISA PICKERING NOTARY PUBLIC - STATE OF ILLINOIS W COWASSION EXPIRES:12N3108 C N STATE OF ILLINOIS SS. COUNTY OF I, the undersigned, a Notary Publjicpij and for said County, in the State aforesaid, DO Y CERTIFY THAT O 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 o 200& J Not 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 2006. Bank By: Its: ATTEST: By: Its: SCHEDULE OF EXHIBITS i 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 EXHIBIT A ALTA CoMmitment Schedule C File Na, :NCS- 74205 -CHIT Legal Description: THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD. PRINCIPAL MERIDIAN DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUAR'T'ER 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 61 06' 20° WEST ALONG SAID RIGHT- OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 01 28' 38" EAST 406.94 FEET; *ENCE SOUTH 25 10" EAST 1326.82 FEET; THENCE SOUTH 24 OS 33" EAST 587.67 FEET; THENCE SOUTH 66 4Y 42" WEST 1560.96 FEET TO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22 40" WEST ALONG SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06 10" WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 63 42' 50" WEST ALONG THE CENTER LINE OF FOX ROAD 4337 FEET; THENCE NORTH 08 38' 52" WEST.676.69 FEET TO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 61 OG 20" EAST ALONG SAID RIGHT -OF-WAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EM PTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEET THEREOF AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY, FROM THE POINT OF BEGINNING AFORESAID; THENCE SOUTH 01 28' 38" EAST 406.94 FEET; THENCE SOUTH 25 10" EAST 305.69 FEE=T TO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING; THENCE SOUTH 25 ion EAST 1021.13 FEET; THENCE SOUTH2450' 33" FAST 587.67 FEET; THENCE SOUTH 66 4S 42" WEST 625.43 FEET; THENCE NORTH 25 19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD; THENCE NORTH 53 42' So" EAST ALONG SAID CENTER LINE 630.0 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. r Q-C 3 i g Ali all A Iq 11 A 0 Ilk Q ABl• B Rd a Q ' 8i O d i ddd A Y 1 6 q j dzz O 1 IN UO B is 1i 3 ",. I MIMMIE1 n 1 1 4 . 11 I I a i4 691. fi0 9f. 9GTS - P q + @ qA 0 a L l 40 to b 0 as J ZJ 00 O B9' LSL W /U Pq I awm „ 9nla9el -dC. OTdl. aq' 9L LS F d SOBL' BN'.+m p I II I I \ 73 1 I I r--Ir--Ir- -Ir -- I I a I I 1 1 J i ^\a r- - r - - -Ir - I ili I ili ° 111 Ili L'' 1 OIII11111illIII III I .7 Di i iDi i ii i ii I il 11 L 1 1 1 I I 1 1 L L IL__JIL__JIL__JIL__J L Lane 7 Kalden r v BITE A NA L Y818IIIIIIIIIIIIII - -I 1 i 1 iIi ?' III OI I I I ili II i zc III ?e 11 I ?> I I I ? °III ?° I I ii l i ?3 1 1 I I I I II 1 I I I I I OV@W.L CIE PLAN II II II II II I III III III II 1 I I J L_ - It TOTAL $IfE AREA.IAaon 3fK7 ACRES TOTAL LpEN SPA(' 1,136 ACRES fNAIISER OF Lars WTH HOM n OIPOSS DENSITY 1.33 UPMIACRE AVERAGE LOT 9g F zwo S i4J.7 ACRESI INYMIUY LOT 51g 3Q 'E r 4° I i i 1 DE/ENDpE lIEQUEffiD (PREML)14.72 ACRE -FT m7un OB FRONDED (PRELK)MM ACRE -FT to 1 1 APPROX lot FLOW AREA OF HOUSE 1500 SF TOTAL HOUSE AREA '•j 0 L J PERCENT HO= PER TOTAL AREA Nf ;ll003W 7 3 1 ILNI TOTAL 81REET AREA QOM 9F I I I e °III r == i 1 PERCENTAGE OF STREET AREA PER TOTAL AREA &20X FeI JIyL I L___J y `D _ r ZONED AG Abigail Lana 1 ROX TOBEDEDK.A7® r FII °? I i I i >Q I i I I RllE1Q1gR R0.NC Z47 AC ES LJ_ _7.47 ACRES L J N L - J L O I r - - -3 -+ Q r - - -1 r i 7 i - -- i I ALL PROPERTY IRA? DWOMMS AND AREAS ARE APPROMAIr I l e t 1 I>J AND aRArcT TD auxtf M FMAL "WY.. I I O I ° 1 I I I 3 I I•I H L II i r L -- J FIL Lj L j 1 1 I I L - - _J L_ - -J L L - - -J TYPICAL LOT SETBACK REQUIREMENTS t Q AlexanderiyIl 1 Road 0 O 1 I p i 4 1 1 PEAR TARO gnuar -I - +m L-- _ j MINIMUM LOT WIDTH AT BUILDING SETBACK I i j i 1 4'1'b•'s, " I ol r 'aII I PROM YARD gR/AOt Z I R.O.W.I 3 I 5' PCC SIDEWALK ZONED AC T I I o z i a0W R E V I S I O N S CONCEPT EVERGREEN FARM Craig R Xhoche & Associates • •°. v.1N c"-O— J +;0 OWNEII I x/AE V z s PER I FOX & PAVILLION ROAD CROSSING CfviCngineers, P.C.7(/210.31 PER PER OWNER SITE PLAN YORKVILLE, ILLINOIS m- w•u•^R•f• / '' 0171 1 1 * Na DALE / O E OLswwRON I NOt M7E OESGWPIIe1i EXHIBIT D Name of Fee Amoun Time of Pavmenis 1 School District Transition Fee 1$3,000 per unit Paid to School District Office prior to application for building permit At time of building permit, paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development, at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee 1$3,523 per acre PAID BY SPECIAL TAX PROCEEDS 650 + $.0.20 per 5 Building Permit Fee square foot Building Permit F-Water Connection Fee 3,700 per unit PAID BY SPECIAL TAX PROCEEDS 7lWater Meter Cost (not applicable to fee lock) 1$390 per unit iBuliding Permit 81City Sewer Connection Fee 2,000 per unit PAID BY SPECIAL TAX PROCEEDS 9lWater and Sewer Inspection Fee 1$25 per unit IBuilding Permit 10I Public Walks and Driveway Inspection Fee 1$35 per unit IBuilding Penult 11a1Pubiic Works (Development Impact Fee)1$700 per unit IBuilding Permit 11 blPolice (Development Impact Fee)1$300 per unit 113uiiding Permit Municipal Building Fee is set up as $5,509 per unit if paid at time of permit, or $3,288 per unit If paid In a lump sum for all residential units at the time of see "time of final plat approval or within 90 days of when all City infrastructure Is 11c Municipal Building (Development Impact Fee) payment"lavallable to the development, whichever Is later. 11dlLibrary (Development Impact Fee)1$500 per unit Building Permit 11elParks and Rec (Development Impact Fee) 1$50 per unit IBullding Permit 11JEngineering (Development Impact Fee)1$100 per unit IBuilding Permit 11g1Bristol Kendall Fire District (Development Impact Fee)1$1,000 per unit IBuilding Permit Calculated by lagreementordinance, $80,000 Building Permit or Final Plat, depending on annexation /development 12 Parks Land Cash Fee per acre and land /cash donations negotiated Calculated by1lordinance, $80 ,000 Building Permit or Final Plat, depending on annexation /development13SchoolLandCashFeeperacreagreementandland /cash donations negotiated 141Road Contribution Fund 1$541 per unit 1$1,459 (per unit) PAID BY SPECIAL TAX PROCEEDS 875 per unit, escalating each calendar year at a rate determined by 15 County Road Fee ordinance 674 (per unit) PAID BY SPECIAL TAX PROCEEDS 161Weather Warning Siren 75 per acre IFinal Plat 1.75% of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25% of Approved Engineer's Estimate of Cost of Land 18 Engineering Review Fee Improvements99 Final Plat C Exhibit AAA -1: Overall infrastructure Funding Summary812M SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Construction Engineserin$TotalFront Estimate Preliminary Des Construction SubtotalCostFunding i F. 1 -Well No. 13 704, 000 $40, 000 $ 62, 0001$ 102,() 00 $ 806, 000S40, 000 F. 2 - Well No. 13 WTP 2, 893,880 $190, 000 $ 175, 000 365, 000 $ 3, 258,880 $ 190, 000 F. 3 - Green Briar Drive Water Main Extend 591, 375 $44, 353 $ 44, 353 88, 706 $ 680, 08144, 353 F. 4 - 2. 0 MG EWST 3, 564 $ 105, 000 $ 116, 500 221, 500 $ 3, 785,500 $ 105, 000 F. 5 - SP/ PRV Station (Chally Farm)f 500, 500 $40, 000 $ 35, 000 75, 000 $ 576, 500 $ 40, 000 Additional Consultation, Surveying 8t Testinv $70, 000 70, 000 $ 70, 000 $ 70, 000 Water Subtotal: $ 8, 253,755 $469, 353 1 $ 432, 853 $ 922, 206 $ 9, 175,961489, 353 Green Briar Road R. O.W. Acquisition 672, 000 $ 20, 000 $20, 000 $ 692, 000 $ 20, 000 F. 8 - Fox Road Resurtacinp 504, 260 $30, 0001s 40, 000 $ 70. 400 574, 280 $ 30, 000 Pavlllion Road Improvements 1, 187,549 $95, 004 1 $ 95, 004 190, 008 $ 1, 377,557 $ 95, 004 Additional Consultation, Surveying & Testing $510001$10, 0001$ 47, 502 62, 502 $ 62, 502 $ 15, 000 T rtation Subtotal: $ 2, 363,809 $ 25, 000 $ 135, 0041$ 182. 5081$ 34Z51 0 $ 2, 706319ffi160, 004 Contract No. 1 & 2 6, 161,080 $325, 0001$ 341, 5005, 827,580 $ 325, 000 Sanitary Sewer Subtotal: $ 5, 161,080 $325, 000 $ 341. 6005, 827,580 $ 326, Q0() SW Planning Area Stormwater Study 33, 8001$33, 800 $ 33, 8001$ 33, 800 Stormwater Subtotal: $33. 8001$1 $33, 800 $ 33, 800 $ 33, 800 k TAL (Water, Trans., Sari., & Storm):15 $ 58, 800 1 $ 949, 357 + $ 956. 859 1 1 965 176 $ 17743660 $ 1008157008,G' VVu %y0* wdb=WW0602 FOX Rwd ktwSyst -m F dan- "nhnaPA WEnOMMTab[ nWVOMB and OB. wcar FmdnMl CVWQPU iFWKtpsummrr( MMBawcnyF- AkoidsmiMsum ENGINEERING ENTERPRISES, INC. g SUGAR GROVE, IL Exhibit AAA - 2: Funding Distribution Summary8131/ 06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL yINF, 11AS.791JO.' URE7Mi NDIN. GZSIJMM/ 1Rx 14i_ t. k... sW'. vr... JT.. i tiFY. M, v, t6 vYJe„ TotalSingle Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost / Subtotal Cost / Subtotal Cost / SubtotalCost /TotalCostI _ Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,8811, 990,881 Silver Fox 103 172 1. 67 19. 7% 1, 412,381 $ 8, 212 $ 441, 364 $ 2, 566 $ 1, 064,910 $ 6, 308 $ 5, 691 $ 33 $ 2, 944,346 $ 17, 118 Evergreen Farm 49 77 1. 57 8. 8% 632, 287 $ 8, 212 458, 488 $ 5, 954 $ 496, 339 $ 6, 446 $ 2, 715 $ 35 $ 1, 589,830 $ 20, 647 spen Ridge Estates 126 217 1. 72 24. 8% 1, 781,900 $ 8, 212 756, 945 $ 3, 488 $ 1, 356,178 $ 6, 250 $ 6, 982 $ 32I $ 3, 902,005 $ 17, 982 Chally Farm 154 224 1. 45 25. 6% 1, 839,381 $ 8, 212 $ 574, 799 $ 2, 566 $ 1, 484,251 $ 6, 626 $ 8, 533 $ 38I $ 3, 906,964 $ 17, 442 York Wood Estates 178 I 185 1. 04 21. 1% 1, 519,131 $ 8, 212 $ 474, 723 $ 2, 566 $ 1, 405,901 $ 7, 599 $ 9, 880 $ 53I $ 3, 409,635 $ 18, 430 Total 610 I 875 I 1. 43 100. 0% 9, 175,961 2, 706,319 5, 827,580 33, 800 u -- I $ 15, 752,779 W - MOUMIRECAPTURE/ RECUVERY. OR- ADDITIONAUF :EES'( NEGAT. IVENUMBER) SUMMAR Total Single Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost/ Subtotal Cost/ Subtotal Cost/ SubtotalCost) SubtotalCost/ Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,8811, 990,881 Silver Fox 103 172 1. 67 19. 7% 775, 981 $ 4, 512 $ 18, 436) S 107) $ 379, 098 $ 2, 204 $1, 155,079 $ 6, 716 Evergreen Farm 49 77 1. 57 8. 8% 347, 387 $ 4, 512 $ 41, 689) $ 541) $ 169, 712 $ 2, 204 $517, 099 $ 6, 716 spen Ridge Estates 126 217 1. 72 24. 8% 979, 000 $ 4, 512 $ ( 117, 488) $ 541) S 478, 280 $ 2, 204 $ 1, 457,280 $ 6, 716 Ch. ily Farm 154 I 224 1. 45 25. 6% 1, 010,581 $ 4, 512 $ 24, 010) $ 107) $ 493, 709 I $ 2, 204 $ 1, 504,289 $ 6, 716 ork Wood Estates 178 I 185 1. 04 21. 1% 834, 631 $ 4, 512 $ 19, 829) $ 107) $ 407, 751 I S 2, 204 $ 1, 242,382S6, 716 Total 1 610 I 875 1. 43 100. 0% 5, 938,461 221, 451) 1, 928,550 II $ 7, 867,011 5" s U r "'x' ?:• r'':' ! '•• ": TOTAL' ?F.. IXEDINFRASTRUGT ;UREFUNDING` SUMMARY INFRASTRUCTURE 'FUNDING'?= MAXIMUM' RECAPTURE /RECOVERYI, MOUNIYKeFN',,;= :`r'."' :'':.::,'•: r,.; zs Total Single Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost/ Subtotal Cost/ Subtotal Cost l SubtotalCost/ SubtotalCostl Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost I D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville Silver Fox 103 172 1. 67 19. 7% 636, 400 $ 3, 700 $ 459, 800 $ 2, 673 $ 705, 812 S 4, 104 S 5, 691 333 $ 1, 807,702 $ 10, 510 Evergreen Farm 49 77 1. 57 8. 8% 284, 900 $ 3, 700 $ 500, 177 $ 6, 496 $ 326, 627 $ 4, 242 S 2, 715 S35 $ 1, 114,419 $ 14, 473 spen Ridge Estates 126 217 1. 72 24. 8% 802, 900 $ 3, 700 S 874, 433 $ 4, 030 $ 877, 898 $ 4, 046 $ 6, 982 S32 $ 2, 562,212 $ 11. 807 Chally Farm 154 224 1. 45 25. 6% S 828, 800 $ 3, 700 S 598, 809 $ 2, 673 $ 990, 542 $ 4, 422 $ 8, 533 $ 38S2, 426,684S10, 833 York Wood Estates 178 185 I 1. 04 21. 1% 684, 500 $ 3, 700 $ 494, 552 $ 2, 673 $ 998, 151 $ 5, 395 $ 9, 880 S53S2, 187,082 $ 11, 822 Total 610 875 I 1. 43 100. 0% 3, 237,500 S 2, 927,770 S 3, 899,030 S 33, 800 7, 885,768 G: Wub1icgYarWi11@2M11Y00103 Fox Rwd NOtsr Sys..umrlve m Eabron Nulyaiv Er,p155AT Wn Wwhpo nlFvgnpSy (WOP -PRVR- pr). alQ0- 8- Notes• The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjustedaccordingly. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 3: Water Works System Improvements Funding Distributione131= SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL WATER DISTRIBUTION FUNDING SUMMARY Total Single Water Dlstr.Wate Additional Supply, Total FeesWater Family Density Percent of Funding Connection Fee Treatment 6 Storage For WaterImprovement Funding Entity Acreage Units (DU) DU /Acre) Total DU At $1, 435/ DU At $3, 7001 DU At $3, 077 / DU ImprovementsCostperDU United City of Yorkville 1, 990,881 Silver Fox 103 172 1. 67 19. 7%246, 811 636, 400 529, 170 1, 412,3818, 212 Evergreen Farm 49 77 I 1. 57 818%110. 491 284, 900 236, 896 632, 287 8, 212 As pen Ridge Estates 126 217 t 1. 72 24. 8%311, 384 802, 900 667, 616 1. 781,9008, 212 ChalIv Farm 154 224 I 1. 45 25. 6%321, 429 828, 800 689, 152 1, 839,3818. 212 Y ork Wood Estates 178 185 1. 04 21. 1% 265, 466 684, 500 569. 166 1, 519,1318, 212 Total IAverage 610 675 1. 43 100. 0%1, 255,581 3, 237,500 2, 691,999 9, 175,981 MUP. Wie lYa kv1WOUtY0010 ! Fas R.d W. W, Sri. E.b-i- MIyW1&,; 1 A Fu, dgS -W aP. PRVR epl) sI jAYbr POTENTIAL MAXIMUM RECAPTURE /RECOVERY AMOUNT SUMMARY Less Water Less Maximum Recovery Total SingleRecoveryMaximum Off -site Water Main Project /Total Conn. Fee City Recoverable per FamilyperRecoverable Infrastructure Item Project Cost At 3, 7001 DU Conlin Amount (Dev.)D. U.Development Units (DU)D. U.Amount W ell No. 13 806, 000 United City of Yorkville1, 990,881 W ell No. 13 WTP 3, 298,880 Silver Fox 1724, 512 775, 981 2. 0 MG EWST 3, 815,500 Evergreen Farm 774, 512 347, 387 upply, Treatment, 6 Storage Subtotal: 7, 920 3, 237,500 1, 990,881 2, 691,999 3, 077 Ridge Estates 2174, 512 979, 000 Green Briar Road WM 680, 081 680, 081 777 p, n ally Farm 2244, 512 1, 010,581 BP / PRV Station 575, 500 575, 500 658 rk Wood Estates 1854, 512 834, 631 Distribution Subtotal:1, 255,581 1, 255,581 1, 435 Total i Averaqel 8754, 512 5, 938,461 Total: $9, 175,961 3, 237,500 1, 990,881 3, 947,580 4, 512 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 4 : Transportation Improvernvnts Funding Distributionazaoe SW INFRASTRUCTURE FUNDING United City of YcrWft, Kendal Co., IL TRANSPORTATION FUNDING SUMMARY Transportation Transportation Total Single Density Percent of Infrastructure Fee Improvement undlnii Entlhl Acres" Family Units (DU) DWAcrol Total DU At $2. 000 / DU Cost per DU lver Fox 109 172 1. 87 19. 7%443. 000 2, 000 Farm 49 77 1. 67 8.$%154, 000 2, 000 Rldas Estates 126 217 1. 72 24. 8% 434. 000 2. 000 Inv Form 194 224 IAS 25. 6% 448. 000 2, 000 C rk Wood Estates 178 186 1. 04 21. 1% 370, 000 1 2, 000 Total IAverage 810 873 1. 43 100. 0%S1 „750., 600 1 Q: W lA, M' O kraM7a0eOW02 A* F wriNr syWmEklenbn+ wMxnEngnee4r ewhAlo+ Ae ek®- WCry6WWA0evuow.. M runluq sunmrr M' a Meiwary wndNgl tmpr nNedsN,” POTENTIAL MAXIMUM RECAPTUREIRECOVERY AMOUNT SUMMARY Parson Of Remaining Transpor.Transpor. Fees Total SingleRemainingRemaining Transportation Total Impact Fee Impact per Family DwellingFeesTranspor. Impact Improvement prolet: t Cost At 2. 0001 DU Fee D. U.Development Units (DU)perDUFees Green [Briar Road R. O.W. Aca.702. 000 Silver Fox 172107)18, 496) Fox Road Reaurfadrh3 574, 260 Evergreen Farm 779641141. 689) ublotal:1278. 280 1, 278200 1. 468 Aspen Ridge Estates 2173541)117, 488) PavllfardFox Road Imorovements:51, 430,059 Chaly Farm 224107)24, 010) County Impact Fee Contribution: 8589, 097)York Wood Estates 185107)41918291 avullon Local Funding Subtotal:t AW Total:8781$ 221,4811 avilon Road (30% Realonal Share)2SZ289 292. 289 434 vilort Road (70% Adleeent Share)588 I Iilvsr. chw.YOM:i1. 0.19725 1 1, 162.000 I (382, 278 9107) JUT Olt Gloom U' 000 1174881 5411 99kis 70% of the Pavliflon Road Improvement am Is applied to Aspen Ridge and Evergreen Farms; 30% (assumed regional portion of the improvement) It applied to the remaining subdivisions It is assumed Evergreen Farm and Aspen Ridge do not recover doles from their Pavilion Road Investment Of tour legs or the Pavilion Road Improvement with reference to the Fox and Pavilion Intersecdon, the cost breakout for the 70% of the total portion that is applied to Evergreen FamesandAspenRidge a sot 10001 a: North and East- 1 00% Evergreen Farms. Weal -100 %Aspen Ridge, South - SO% each The total cost for the regional (Non -County Impact Fee eligible) improvements Is less than the total amount of money that wll be collected for the SZOW I D. U. impact fee: The remainingportionoftheimpactfeeellbedueatbuildingpermit. Since Evergreen Farm and Aspen Ridge are not funding the 'Regional Share" or PeAllon Road (they are funding the adjacent share), their transportation Impact fee does riot count againstthatportionortheimprovement Iv r) C..'EMNEERIN ENTERPRISES. INC. SUGAR GROVE, Ili Exhibit AAA - 5: Sanitary Conveyance Improvements Funding Distributioncanoe SW INFRASTRUCTURE FUNDING United City o( YaAiWlle, KwWae Co., IL SANITARY CONVEYANCE FUNDING SUMMARY YBOD Clb AdditionalTotalFeesSankaryTOWaftleDensityPercentofInfrastructureFeeConnectionFeeFundingRequired ForSanitaryimprovement 8 undln0 Entlty Acreage FamBy Units IDU) DWAae Total DU At 59, 523 /Acm At 52, 0001 Un1t At 52 DUimprovsmsnmCostwDU Fax 103 i 172 1. 87 19. 756 361, 812 8344, 000 1. 3! 9, 088 81, 084,910w EvaramwFarm 49 77 1. 57 8. 8%172827 164, 000 51MOPS6SSA46 RWOa Estates 126 217 1, 12 74. 6%443, 898 434, 000 8478, 280 81, 368.178t6, 26D hWWFwm 154 224 1. 45 25. 6%5542S42 5448. 000 I 84 .7091. 484251Wim orkWaadEatifes 170 195 1. 04 21. 1%826, 151 y 837Q, 000 9407, 75181. 4058017, 688 rotallAvorspel 810 075 11, 43 I 100A%2. 149=0 1 1, 760,000 I 81. 948.83016, 827.680 amwrNrmk+ mis onronazpaeRe. ewer 9r. umF. a M. yt, engisear. nrwwwuss+ ew. wcban+ ty40 wreww +Fwaxoeomn. nMmueswurFu oimle+ r eswetywwxylwl. w .ntw POTENTIAL MAXIMUM RECAPTURE AMOUNT SUMMARY Estimated Less Less Maximum Recovery TOMSingleRecoveryMaximumSanitaryIMemeptorprojectYBSDInfr. Fee City Conn. Fes Recoverable per FamilyDsIMBneperRecoverableContractCostAt $3, 523 f Acre At $2, 0001 DU Amount D. U.DevelopmentUnits (DU)D. U.Amount Contract NOS. i + 2 S 827. 580 2149. 030 1. 7KOW 1. 938.560 SZ204 Silver Fox1722. 204 379. 098 Total I Avereps 96827, 680 52. 149,090 1, 750466 1. 828,550 U2"Evemrow Fawn7752. 204 189, 712 F en Ridoe Estates21752204478. 280 Chelb Fenn2242, 2D4493, 709 ark wood Estates1862, 204407. 751 TOW /Avers" 67S31425, 660 Iv SU ENQUIEEFUlO ENTERGRA, W IM. GAR GROVE. L Exhibit BBB: Front funding Distribution Summary SW INFRASTRUCTURE FUNMNG United CRY of ftblle, Kendall Co., IL T' ofel single Water Impr.ran oAatlan tmpr iSanita inch.8lonnvraferPlannlnvITOTALALL Famity Dwelong Density Perc6M or subtotal wont r- undInj SLIMM I fsrod Fundln Sub( O rontpundug SnpmtalF9ntF661riTotalFrontFundlnEFundlrngEnt) tV Acreage Units (D( J) DWFAere) Total DU Cost Amount Cost I Amount Cost I Amount CoatAmountiCostp jnoy WWFCx 103 172 1. 67 19. 7% 3 1. 412.381 S 98, 193 $ 441. 364 I $ MAN S 1. 084.910 $ 80, 505 3 5. 69.1 $ 5, 891 ! 32, 944.348S186. 483 7reen Farts 49 77 1. 57 8. 876 832287 $ 43, 083 458, 488 3 27. 107 S 496, 339 $ 27, 880 S 2, 715S2. 715 S1589. 830S100. 986 even Was Estates 126 ++ 217 1. 72 24. 6% S 1, 781,900 S 121,, 380 766, 945 $ 44, 752 S 1 386, 178 $ 75, 833 $ 8, 982S8, 992 $ 3. 602,008S' '246. 727 haffv Farm 154 I 224 1. 45 25. 6% 3 1. 639.381 1 3 125. 274 3 574.' 799 S 33. 963 3 1. 484.251 ! S 82. 776 S 8. 533S8. 533S3. 908.9643250, 5()7 rk Wood Estates 175 185 1. 04 21. 1% S 1, 519,131 !1 $ 103, 463 $ 474, 723 S 26, 067 S 1, 405,901 1$ 76, 406 S 9, 880 $ 9, 880S3, 409.6351, S219, 816 O 6 TOfa1 810 i 878 1. 43 100. 0% If 7, 1(18 080 S 489„ 353 6 2, 706319 13 160 „004 $ 5 827 0 S 325, 000 S 33 j $ 33. 800S15, 752, 779J$ 1„ 008.157 u, lm QftbWyeft4B= WOOd000m NOW VMWSPbn EdEWMAMMWAWSM' bW' YWOM6rN OR. wORINdYAe. egnap The aM" O and unit Counts arc estimates; Once the fuel etreage and and emnls have been established, the Cobfiedon methodology wit be reran and the values wip be s4ualedscoordingly.The Front F4mdhV Amount for each Mmtruolu re cmgment is Computed by using the proportional sharer or the Subforal Cost multiplied by the total frond funding amount required 1' n Z EN amt NnEWP18E5, INC. DRAFT EXHIBIT CCC UNITED CITY OF YORKVILLE, ILLINOIS KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREAS SERIES 2007 — PAYDOWN BONDS Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms i 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. 2C 13 DRAFT EXHIBIT CCC STRUCTURE:Pursuant to a Special Tax Roll, the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively, this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property i.e., prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly, the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment. " Beginning in 2009, each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment, the special service area debt will begin to amortize for anyY unsold units. AVERAGE ESTIMATED Averag Estimated Tax Pavments SPECIAL TAX PAYMENTS: per unit) Year Amount 2009 1,196 2010 1,196 2011 1,196 2012 1,196 2013 6,485 2014 6,485 2015 6,485 2016 4,185 includes principal and interest assumes an average debt of $22,955 /unit assumes title does not transfer assumes no prepayment and an average Debt Service Reserve Credit of $2,295 /unit ESTIMATED SOURCES Sources: AND USES OF FUNDS:Bond Proceeds 20,086,000 Original Issue Discount 200,860) City Funds 1,990,880 Interest Earnings 619.480 22,495,500 Uses: Improvements 17,743,660 Debt Service Reserve 2,008,600 Capitalized Interest 2,301,520 Costs of Issuance 441.720 22,495,500 In order to allow for prepayment at any time without penalty, the bond purchasers will require a 1% discount on the bonds at the time of issuance. Z) Interest is earned on the unspent bond proceeds held by the bond trustee.3) The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See "Debt Service Reserve." 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 EXHIBIT CCC DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10% of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount see "Payoff') at the time the lien is released (the "Debt Service Reserve Credit "). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF:Based on a $20,086,000 bond issue, the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit Amount City of Yorkville 1,990,880 Silver Fox 17,118 4,709 21,827 2,183 19,644 Evergreen Farm 20,647 5,680 26,327 2,633 23,694 Aspen Ridge Estates 17,982 4,946 22,928 2,293 20,635 Chally Farm 17,442 4,798 22,240 2,224 20,016 York Wood Estates 18,430 5,070 23,500 2,350 21,150 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 DRAFT EXHIBIT CCC redemption. The Bonds will be called in order of maturity. When the amount on deposit in the Special Redemption Account equals $1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION:The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT:Annually on or before the last Tuesday in December, the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL:Foley & Lardner UNDERWRITER:William Blair & Company TRUSTEE:Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMINISTRATOR:The City will hire David Taussig & Associates as the special service area administrator (the "Administrator ") to assist the City in the levy, abatement and collection process. EXHIBIT `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 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 I 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 fiu ther force and effect as to such Benefited Parcel. 9.LIEN The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. I i 1 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: I 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, 11 60560 Fax: (630) 553 -4350 If to OWNER F.Severabilitv: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. i 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 i I i2c 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. I i 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 YORKMLLE i'an Illinois municipal corporation By:r e V S r By: Title: President Mayor Attest: Dated:CITY Clerk I c F rf t L pou P li J. Jim4 OKI i 3 • if, I Fm 0 f it OAD OM MEz2 1H Fn V m X 3U U- 1 211116111111 3142`i Filed for Record in STATE OF ILLINOIS KENDALL COUNT P ILLINOIS PAUL. ANDER60H ss 09 - - 29- 21106 At 02.31 am COUNTY OF KENDALL ORDINANCE 95,1:11) RHBP SUrchar -ge ill.tna ORDINANCE NO. 2006- O 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 i by the City Council; and I I i 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 I obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended, I 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 U,JOSEPH BESCO y VALERIE BURD 11 PAUL JAMES l DEAN WOLFER In MARTY MUNNS u ROSE SPEARS JASON LESLIE Ml4voA Pkoc4msKA I t Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 9 Day of Iqu63 U5 A.D. 2006. MAYO Page 2of3 i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of AuG u6 - r A.D. 2006. ATTEST: U CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 i i Revised 8/21/06 ANNEXATION AGREEMENT SILVER FOX SUBDIVISION THIS ANNEXATION AGREEMENT ( "Agreement"), is made and entered as of the day of AUG), 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 ofreal 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"', 2005. City Council conducted the public hearing on the annexation agreement on January 10d `, 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. i i 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 parry 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 OWNEWDEVELOPER 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 i City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1.LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R -2 Single - Family Residence District provisions of the City Zoning Ordinance ( "Zoning Ordinance ") with 172 residences, all as shown on the Preliminary Plat attached hereto as Exhibit `B ", provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural use shall be permitted as legal non - conforming uses of the SUBJECT PROPERTY until such portions are actually developed. OWNER/DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary Plat (Exhibit `B "). 3.UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER/DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on -site work and the cost thereof shall be the responsibility of OWNER/DEVELOPER within their respective parcels (Utilities and Public Improvements) except as otherwise provided in this Agreement. In addition, the CITY agrees that, at OWNER/DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire off -site easements. All 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 i 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 ofthe 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 OWNEWDEVELOPER 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. i I 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 I 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. i 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). i i I 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 of this Agreement, the CITY shall impose upon and collect from the OWNER/DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap -on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made apart 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 subj ect 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. I 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 subj ect to approval by the CITY. In addition to the Offsite Signs, OWNER/DEVELOPER shall be permitted to construct, maintain and utilize signage as identified in Exhibit "D" attached hereto and shall be permitted as a permanent sign at the entry of residential neighborhood. 13. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period (subsequent to final plat approval), OWNER/DEVELOPER, and such other persons or entities as OWNER/DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers staffed with OWNER/DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for Silver Fox. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off- street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off - street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off - street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off - street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home /sales trailer capable of parking two (2) cars outside of the adjacent road right -of -way. Building permits for model homes, sales trailers and for up to five (5) dwelling units, shall be issued by the CITY upon proper application thereof prior to the installation ofpublic 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 of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. OWNER/DEVELOPER may locate temporary sales and construction trailers during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks 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 OWNEWDEVELOPER 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 maj eure. 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. I 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 i 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. I 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 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. I The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY, and the other properties joining in the SSA for the areas generally referred to as the "Southwest Infrastructure Developments" described in Section 20 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 5 Developments commonly referred to as the "Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s) payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish individual Special Service Areas (SSA's) within each of the subdivisions listed on Exhibit BBB. City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to intervene. OWNER shall have the right to ont -out of participating in the SSA by providinLy written notice to the CITY of its intention to indenendently fund OWNER'S pro rata share of the infrastructure improvement costs as set forth on Exhibit "AAA -2 ". Written notice of OWNER'S intent to opt -out of the SSA must be provided in accordance with the Notice provisions of this Agreement and by thirtv (30) days prior to (i) January 15.. 2007. or (ii) actual issuance of the bond(s). whichever is later. OWNER will nav its pro rata share of the costs no later than the date of the bond issuance in readilv available funds. OWNER'S failure to provide notice within the required time period shall be deemed to be its consent to participate in the SSA. The formation of The SSA's and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSA's, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA's, and that all SSA's will issue one mutual Special Tax Bond for payments of the improvements. 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). i 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 3 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, OWNER/DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plat, the CITY shall fully cooperate with OWNER/DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER/DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary Plat and in this Agreement, the CITY shall fully cooperate with OWNER/DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNER/DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER/DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. 23. DISCONNECTION. i OWNEWDEVELOPER 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 OWNEWDEVELOPER 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. SUBSEOUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, maybe 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 of the roe acknowledges that Kendall County has a long,p p rtY g tY g, 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 i agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNER/DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 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. i 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 OWNER/DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNEWDEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER/DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C.All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other 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 Midwest Development, LLC DEVELOPER:Yorkville, Illinois 60560 Fax: (630) 553 -3024 with copies to:Law Offices of Dallas C. Ingemunson, 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Gregg Ingemunson Fax: (630) 553 -7958 II) If to CITY:United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553 -7575 or to such other persons and /or addresses as any parry may from time to time designate in a written notice to the other parties. E.Severabilitv. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER/DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F.Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G.Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER/DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I.Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty -year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER/DEVELOPER. i J.Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER/DEVELOPER's expense. L.Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville- Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P.Legal Challenges. If for any reason and at 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 OWNEWDEVELOPER 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. i I 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] i I 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 Attes . Title: i 1 r LIST OF EXHIBITS EXHIBIT "A ":Legal Description EXHIBIT "B Preliminary Plat EXHIBIT "C ":Fee Schedule 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 l I EXHIBIT A THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BURLINGTON, NORTHERN RAILWAY COMPANY, WHICH POINT, PREVIOUSLY MONUMEN'IED BY A CONCRETE MONUMENT, IS REPORTED TO BE 50.54 FEET, SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID RIGHT OF WAY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE AND THE NORTH LINE OF SAID SECTION 6; THENCE SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID RAILROAD, 1437.98 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 38 SECONDS EAST, 406.94 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST, 1326.82 FEET; THENCE SOUTH 24 DEGREES 50 MINUTES 33 SECONDS EAST, 1405.93 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 51 SECONDS EAST, 1556.19 FEET; THENCE NORTH 14 DEGREES 05 MINUTES 45 SECONDS WEST, 393.10 FEET; THENCE NORTH 77 DEGREES 27 MINUTES 51 SECONDS EAST, 11.20 FEET; THENCE NORTH 12 DEGREES 35 MINUTES 59 SECONDS WEST 2406.69 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 62 DEGREES 58 MINUTES 18 SECONDS WEST, ALONG SAID CENTER LINE, 581.48 FEET; THENCE NORTH 21 DEGREES 46 MINUTES 09 SECONDS WEST, 784.86 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART IN FOX GLEN, BEING THAT PART OF THE FOREGOING NORTH OF THE CENTER LINE OF FOX ROAD, AND EXCEPT THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER LINE OF FOX ROAD AT THE SOUTHWEST CORNER-OF A SUBDIVISION KNOWN AS "FOX GLEN, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST ALONG THE WEST LINE OF LOT 19 IN SAID SUBDMSION EXTENDED, 835.57 FEET; THENCE NORTH 64 DEGREES 40 MINUTES 50 SECONDS EAST 217.38 FEET; THENCE NORTH 18 DEGREES 20 MINUTES 07 SECONDS WEST 708.61 FEET; THENCE NORTH 18 DEGREES 46 MINUTES 05 SECONDS EAST 138.95 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FOX ROAD; THENCE NORTH 25 DEGREES 41 MINUTES 24 SECONDS WEST 35,00 FEET TO SAID CENTER LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 400.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS, AND CONTAINING 102.75 +/. ACRES. I I D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty -four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY:United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 with a copy to:John Wyeth, Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553 -4350 If to OWNER F.Severabilitv: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Parap-raph 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. 1 i 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. i I i i 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 j By:By: j Mayor Title: President Attest: Dated:CITY Clerk I I I i I 11116i1111131` Filed for 0 . ecord i STATE OF ILLINOIS S EN DALL :OUNT't z .. LINOTS PAUL_ IDEF'SON ss 09-- 006 02 :31 pm a COUNTY OF KENDALL 01;. HNAH1=E 88.00 RHOP Surcharse i.Cl.iii R kEmiet, Ta cV I ?! i7f l }p22i187 Filed for Record in YENDALL GOUNTYP ILLINOIS PAUL ANDERSON 07--14- 2007 At 03:18 Pm. ORDINANCE 88.00 RHSP Surcharge 10.00 ORDINANCE NO. 2006- g AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF Yorkwood Estates) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD V PAUL JAMES t DEAN WOLFER MARTY MUNNS y ROSE SPEARS JASON LESLIE MAY)k "PP- 0UP614A Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of 4C u5T A.D. 2006. MAYO Page 2 of 3 i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this g day of A uG U41 A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 THIS INSTRUMENT PREPARED BY AND RETURN TO:REVISED August 17, 2006 John Wyeth 800 Game Farm Road Yorkville, Illinois 60560 ' 630.553.4350 ANNEXATION AGREEMENT THE YORK WOOD ESTATES SUBDIVISION, THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ( "Agreement "), is made and entered as of the day of 1}UC l , 2006, by and between JW & WD DEVELOPMENT, L.L.C., an Illinois limited liability company ( "Owner ") and ( "Developer "), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois City ") by and through its Mayor and Alderman ( "Corporate Authorities "). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties ". RECITALS: A.OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit "A" attached hereto ( "York Wood Estates "). B.The Owner desires to annex the Property to the City upon terms and conditions recited in this agreement. C.The Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Property to the City. D.The OWNER desires to annex additional property on exhibit A to the City for the purposes of developing one contiguous planned unit development (PUD) known as the York Wood Estates Subdivision (approximately 178.3 acres). E.DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. F.The property is not included within the corporate limits of any municipality. G.DEVELOPER proposes that York Wood Estates as legally described and depicted in Exhibit "A" attached hereto be rezoned under the R -2 One - Family Residence District provisions of the City Zoning Ordinance ( "Zoning Ordinance "), H.All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I.The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J.The Corporate Authorities, after due and careful consideration, have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. K. i)Each parry agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached Exhibit "A" as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. ii) Each parry agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. iv) The subject real property is located contiguous to the corporate boundaries of the CITY and not within the corporate boundaries of any other municipality. L.It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the York Wood Estate Subdivision proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. M. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER. 2 N.The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved concept PUD plan to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1.LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2.ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property under the R -2 One - Family Residence District of the CITY Zoning Ordinance ( "Zoning Ordinance "), One Family Residence District with a Special Use for a Planned Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the York Wood Estate Subdivision as aforesaid. 3.SUBDIVISION OF YORK WOOD ESTATES,. a. The Property shall be developed in the manner and in accordance with the development concept set forth in the Concept PUD Plan, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Property, shall be substantially as provided in the Concept PUD Plan. b. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Concept PUD Plan Exhibit B). 3 c. OWNERS and DEVELOPER agree proposed Final Plat units for this development shall contain a minimum of 40 acres for single family areas. d. DEVELOPER agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining OWNER of the subject property and approved by the CITY. e. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County Right to Farm Statement" language attached hereto as Exhibit "L" on each Final Plat of Subdivision. 4.VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ( "Permitted Variations "). 5.UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and /or construction of these utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A.Sanitary Sewer Facilities. DEVELOPER shall cause the Subject Property, or such developable portions thereof as may be appropriate, to be annexed to the Yorkville - Bristol Sanitary District ( "Yorkville Bristol" or "YBSD ") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville- Bristol. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville- Bristol shall be carried out in substantial compliance with the Final Engineering as approved_ by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville - Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ( "Large Lines ") shall be conveyed to Yorkville - Bristol, and the sanitary sewer lines which are smaller than fifteen inches in diameter ( "Small Lines ") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the i 4 CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. B.Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY, except as otherwise provided herein. C.Storm Water Facilities. 1.DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development, in the following manner: a.Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b.Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering 5 within that part of the Subj ect Property designated on the Preliminary Engineering for such purpose, subject to review and approval of Final Engineering for each Phase of Development. 2.The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. D.Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering for each Phase of Development may be installed and completed on a lot by lot or block by block basis, but they remain as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path, constructed in accordance with the Final Plat and Final Engineering, located in the public right of way. 6.SECURITY INSTRUMENTS. A.Postini4 Securitv. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds ( "Security Instruments ") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "F ", attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty -five percent (85 %) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110 %) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. 6 B.Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development; and recommendation of acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C.Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and recommendation of acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subj ect to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. D.Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 7.PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS,. The public improvements constructed as apart of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance. 8.AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes ofthe CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non - conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the 7 express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. 9.BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subj ect Property. 10. FEES AND CHARGES. During the first five years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and /or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. HOMEOWNERS ASSOCIATION AND DORMANT SSA,. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 13. OWNER' S /DEVELOPER'S CONTRIBUTIONS.. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District 4115 ( "School District ") and the United City of Yorkville, Recreation Department Recreation Department ") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Subject Property in the manner provided for under this Agreement: A.School Contribution. OWNER or DEVELOPER shall provide cash -in -lieu of land to the CITY for school purposes ( "School Contribution "). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is 11.055 acres. The school contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of recording the first final plat in accordance with the amount per unit in Exhibit `C'. The DEVELOPER has agreed to pay a transition fee to the School District in the amount 8 of $3,000.00 per unit. The fee will be paid at the rate of $3,000 per unit on a per building permit basis as building permits are issued. The method of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER AND DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B.Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes ( "Park Contribution "). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is 6.938 acres. OWNER or DEVELOPER shall cause fee title to no less than 1.85 acres of land located in Parcel 3, as identified on the Concept PUD Plan ( "Park Site ") to be conveyed to the CITY, or to such other entity as the CITY shall direct in writing, in partial satisfaction of the Park Contribution. The balance of any park contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the park site to the CITY. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C.The fees listed in Exhibit "C" shall be paid to the CITY for each unit. Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 14. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Subj ect Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs at such locations within or without the corporate limits of the CITY as DEVELOPER may designate (individually an " Offsite Sign" and collectively the " Offsite Signs "). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall 9 be permitted to construct, maintain and utilize signage upon the Subject Property as identified in Exhibit "H ", attached hereto. 15. MODEL HOMES /PRODUCTION UNITS,. During the development and build out period of the Subject Property (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Subject Property staffed with DEVELOPER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off - street parking shall be required for any model home other than the driveway for such model home capable of parking two (2) cars outside of the adjacent road right -of- way. Building permits for model homes, and for up to fifteen (15) production dwelling units, shall be issued by the CITY upon proper application therefore prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt is on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNER. DEVELOPER may locate temporary sales and construction trailers upon the Subject Property during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the Subj ect Property or upon the occupancy of model homes within the Subject Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees ") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 16. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Subject Property until the issuance of the last final occupancy permit for the Subject Property. No contractor's trailers or supply trailers shall be located in the public right -of -way. 10 17. OVERSIZING OF IMPROVEMENTS,. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Subject Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 18. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 19. RECAPTURE/RECOVERY AGREEMENTS,. A.Benefitinia the Subject Property. See Section 21.E of this agreement. B.Encumbering the Subject Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Subject Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the Subject Property. 20. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS., OWNERS', DEVELOPER's and the CITY agree to establish a special service area ( "SSA ") as a primary funding mechanism for installation of on -site and off -site public improvements, including, without limitation, potable water, fire flow and /or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off -site properties), sanitary sewer facilities and other public improvements. The CITY, OWNERS and /or DEVELOPER shall cooperate in good faith to identify and agree on the appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of one or more SSA's pursuant to 35 ILCS 200/27 -5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and /or DEVELOPER. However, CITY, OWNERS and /or DEVELOPER hereby expressly agree that the form of Special Tax or other Revenue Bond shall be the form of bond which requires a payment at the time of sale of a developed lot, or the time of issuance of a building permit, 11 otherwise known as the "pay down" bond. A draft bond term sheet including the average estimated special tax payments are attached as Exhibit "CCC ". i I The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY, and the other properties joining in the SSA for the areas generally referred to as the "Southwest Infrastructure Developments" described in Section 8 of this agreement. 21. CROSS CONTINGENCIES FOR INFRASTRUCTURE IMPROVEMENTS, INCLUDING GREENBRIAR ROAD EXTENTION (SOUTHWEST INFRASTRUCTURE DEVELOPMENTS) A. CROSS CONTINGENCIES, OWNERS, DEVELOPER and CITY agree that this agreement shall be cross contingent with the CITY's approval of Annexations with 5 Developments commonly referred to as the "Southwest Infrastructure Developments." A list of the developments and the funding required on behalf of each of the developments is attached hereto as Exhibit BBB. These developments are related in that they all will derive special benefit from infrastructure improvements to be financed through the issuance of Special Revenue Bond(s) payable from special taxes levied in one or more special service areas to fund the extension of infrastructure to and through the developments. B. SSA FUNDING. Upon all Southwest Infrastructure Developments entered into individual annexation agreements, CITY, OWNERS and DEVELOPERS agree to establish individual Special Service Areas (SSA's) within each of the subdivisions listed on Exhibit BBB. City shall then take action to issue Special Revenue Bonds in and amount sufficient to fund the infrastructure extension by January 15, 2007 otherwise the DEVELOPERS shall have right to intervene. OWNER shall have the right to opt -out of narticinatine in the SSA by providing written notice to the CITY of its intention to independently fund OWNER'S pro rata share of the infrastructure improvement costs as set forth on Exhibit "AAA -2 ". Written notice of OWNER'S., intent to opt -out of the SSA must be provided in accordance with the Notice provisions of this Aizreement and by thirty (30) days prior to (i) January 15, 2007. or (ii) actual issuance of the bond(s), whichever is later. OWNER will Dav its pro rata share of the costs no later than the date of the bond issuance in readilv available funds. OWNER'S failure to provide notice within the required time period shall be deemed to be its consent to participate in the SSA._ The formation of The SSA's and issuance of Special Revenue Bonds is intended to render the following results: 1. All areas will be within the SSA's, and all real property will become subject to the Special Tax. It is anticipated that each development will enact an individual SSA's, and that all SSA's will issue one mutual Special Tax Bond for payments of the improvements. 12 I I 2. The special tax shall be available to fund the repayment of up to $_(this will be the pro rata amount owed by this development)million in special tax bonds. 3. The special tax revenue bonds shall be used to construct infrastructure as described on Exhibit "AAA ". C. COST CONTAINMENT. OVERRUNS. In order to reduce the risk of cost overruns, OWNERS and /or DEVELOPERS agree that the amount of bonds sold should not be determined until bids have be received by the City for construction of the Southwest Infrastructure. Since final engineering must be completed prior to seeking bids, OWNERS and /or DEVELOPER agree to front fund the amount indicated on Exhibit "BBB" and to receive reimbursement for said sum from the sale of the Revenue Bonds. OWNERS and /or DEVELOPERS shall be allowed to comment regarding the determination of the amount of bonds sold, and the amount of contingency for cost overruns. CITY will respond in writing to all OWNER and DEVELOPER comments and justify said overruns. All DEVELOPERS shall be responsible for contribution, based upon the same ratios and rational used in Exhibit "AAA" if the cost to complete the Southwest Infrastructure exceeds the amount of the Bonds. D. PROCEEDS OF BONDS TO BE USED TO EXTEND GREEN BRIAR DRIVE., OWNERS and/or DEVELOPER agrees that traffic ultimately originating from this development, as well as all "Southwest Infrastructure Developments" will give rise to the need for the Green Briar Drive extension to Pavillion Road. One of the first uses of the Special Tax Bonds shall be the acquisition of right -of -way of the Green Briar Drive Extension. The City deems the construction of Green Briar as a high priority and agrees to proceed with construction as funding is available. In addition, OWNER'S and /or DEVELOPERS agree to route all construction traffic along state Route 71 to Pavillion or High Point Road and then to the development, and not allow construction traffic to travel along Fox Road from Rt 47 to the development. E. RECAPTURE /RECOVERY OF INFRASTRUCTURE IMPROVEMENTS, The CITY shall, in accordance with Chapter 65, Section 5/9 -5 -1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, enter into agreements for recapture /recovery ( "Recapture/Recovery Agreement ") with DEVELOPER providing for the recapture /recovery by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "AAA ", constructed by DEVELOPER which the CITY has determined may be used for the benefit of property Benefited Property ") not located within the Subject Property which connect to said improvements. The Benefited Property is identified on said Exhibit "DDD" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit `BEE ". 22. ONSITE EASEMENTS AND IMPROVEMENTS.. In the event that during the development of the Subject Property DEVELOPER determines that any existing utility easements and /or lines require relocation to facilitate development of the Subject 13 Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plat and in this Agreement, the CITY shaft fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. a. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and /or other utilities to serve the subject property and other properties within the City of Yorkville. b. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL convey by Warranty Deed, fee simple title of future highway or road right of way to the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 23. OFFSITE EASEMENTS AND CONSTRUCTION,. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, DEVELOPER shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plans. In the event an offsite easement is required which was not contemplated in the Preliminary Plans due to a change in circumstances, and in the event DEVELOPER is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, provided DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. DEVELOPER shall deposit the amount of such costs reasonably estimated by the CITY into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to DEVELOPER. 24. DISCONNECTION. 14 i OWNER and DEVELOPER agree that DEVELOPER shall develop the York Wood Estates Property as a subdivision to be commonly known as York Wood Estates Subdivision in accordance with the Concept PUD Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY. 7 i 25.CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 26. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build -out of the Subject Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Subject Property, except as otherwise provided in this Agreement. 27. GENERAL PROVISIONS. A.Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B.Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C.This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith 15 negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other parry in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: i) If to OWNER and/or DEVELOPER:Wyndham Deerpoint Homes 605 Lindsay Circle North Aurora, IL. 60542 Attn: Richard M. Guerard Fax: (630) 966 -1006 with a copy to:Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690 -9652 ii) If to CITY:United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, 11 60560 Fax: (630) 553 -4350 with a copy to:John Wyeth, Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553 -4350 or to such other persons and /or addresses as any parry may from time to time designate in a written notice to the other parties. E.Severabilitv. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes, (1998 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised 16 i from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. F.Agreement' This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Subject Property not affected by such Agreement. G.Convevances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions.. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I.Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty -year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J.Captions and Paragraph Headini4s. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J.Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 17 i M.No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville - Bristol S anitary District. N.Hiahwav 71. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highways7l . O.Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P.Exculuation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER & OWNER:CITY: JW & WD DEVELOOPMENT, L.L.C.,UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing mber By:By. Mayor Title: President Attest Dated:fA / /O CITY Clerk Dated: g a:10 18 LIST OF EXHIBITS EXHIBIT "A ":Legal Description of York Wood Estates Property EXHIBIT `B ":Concept PUD Plan EXHIBIT "C ":Development Fee List EXHIBIT "E ":Permitted Variations and Design Standards EXHIBIT "F ":Form Letter of Credit EXHIBIT "H ":Project Signage EXHIBIT "L":Right to Farm Disclosure Statement for Final Plats EXHIBIT "AAA" Overall Infrastructure Funding Summary EXHIBIT "BBB" Front Funding Distribution Summary EXHIBIT "CCC" SSA Summary of Terms EXHIBIT "DDD" Recapture /Recovery Area Benefited Property EXHIBIT `BEE ": Recapture /Recovery Agreement EXHIBIT A" YORK WOOD ESTATES LEGAL DESCRIPTION: THAT PART OF SECTIONS 7 AND 18, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 01 DEGREE 36 MINUTES 55 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, 317.63 FEET; THENCE SOUTH 83 DEGREES 48 MINUTES 59 SECONDS EAST, 190.33 FEET; THENCE NORTH 86 DEGREES 23 MINUTES 17 SECONDS EAST, 112.47 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 46 MINUTES 59 SECONDS WEST, 1132.63 FEET TO THE CENTERLINE OF STATE ROUTE 71 THENCE NORTHERLY ALONG SAID CENTERLINE SAID LINE BEING A CURVE TO THE LEFT WITH A RADIUS OF 6611.12 FEET AND ARC LENGTH OF 1995.36 FEET TO THE NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF LOT 34 IN TIMBER CREEK SUBDIVISION; THENCE SOUTH 64 DEGREES 28 MINUTES 33 SECONDS EAST ALONG SAID EXTENSION AND SAID SOUTHWESTERLY LINE, 960.44 FEET; THENCE SOUTH 03 DEGREES 08 MINUTES 20 SECONDS WEST 1566.33 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 35 SECONDS EAST, 442.19 FEET; THENCE SOUTH 48 DEGREES 50 MINUTES 44 SECONDS EAST, 151.77 FEET; THENCE SOUTH 36 DEGREES 53 MINUTES 57 SECONDS WEST, 414.79 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 27 SECONDS EAST, 719.26 FEET; THENCE SOUTH, 00 DEGREES 38 MINUTES 21 SECONDS EAST, 535.35 FEET; THENCE NORTH 57 DEGREES 46 MINUTES 35 SECONDS WEST, 470.34 FEET; THENCE SOUTH 25 DEGREES 22 MINUTES 49 SECONDS WEST, 946.62 FEET; THENCE SOUTH 87 DEGREES 46 MINUTES 35 SECONDS WEST, 1124.92 FEET; THENCE NORTH 35 DEGREES 43 MINUTES 30 SECONDS WEST, 559.11 FEET; THENCE NORTH 17 DEGREES 16 MINUTES 04 SECONDS EAST, 1188.07 FEET; THENCE NORTH 28 DEGREES 01 MINUTES 14 SECONDS EAST, 405.90 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 38 SECONDS WEST, 731.11 FEET; THENCE NORTH 05 DEGREES 39 MINUTES 17 SECONDS EAST, 362.33 FEET; THENCE SOUTH 86 DEGREES 23 MINUTES 17 SECONDS WEST, 578.29 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF ROUTE 71 PREVIOUSLY DEDICATED, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. I i III I EXHIBIT B Legal Description r, i y.e r .r fit`'t C 1'. i I !I Existing Zonin - F- District Farming Proposed g roposetl Zoning - P.U.D. R Total Single Family Lots -185 tfb Total Site Area -1 76.32 Ac. rs.Gross Site Density - 1.04 U.U. /Ac< Total Open Space - 63.63 Ac. - 46.40% i f1 a t 6 iy f it a s 1 ate t Y Wood Estates Ill Pl sn City of Yorkville Sheet I of 6 EXHIBIT C Name of Fee Amount Time of Pavment 1 School District Transition Fee 3,000 per unit Paid to School District Office prior to application for building permit At time of building permit, paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development, at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee 3,523 per acre PAID BY SPECIAL TAX PROCEEDS 650 + $.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee 3,700 per unit PAID BY SPECIAL TAX PROCEEDS 7 Water Meter Cost (not applicable to fee lock) 390 per unit Building Permit 8 City Sewer Connection Fee 2,000 per unit PAID BY SPECIAL TAX PROCEEDS 9 Water and Sewer Inspection Fee 25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee 35 per unit Building Permit 11a Public Works (Development Impact Fee)700 per unit Building Permit 11 b Police (Development Impact Fee)300 per unit Building Permit Municipal Building Fee is set up as $5,509 per unit if paid at time of permit, or $3,288 per unit if paid in a lump sum for all residential units at the time of see "time of final plat approval or within 90 days of when all City infrastructure is 11c Municipal Building (Development Impact Fee) payment"available to the development, whichever is later. 11d Library (Development Impact Fee)500 per unit Building Permit 11 a Parks and Rec (Development Impact Fee)50 per unit Building Permit 11flEngineering (Development Impact Fee)100 per unit Building Permit Bristol Kendall Fire District (Development Impact 11g Fee)1,000 per unit Building Permit Calculated by ordinance, $80,000 Building Permit or Final Plat, depending on annexation /development 12 Parks Land Cash Fee per acre agreement and land /cash donations negotiated I Calculated by ordinance, $80,000 Building Permit or Final Plat, depending on annexation /development 13 School Land Cash Fee per acre agreement and land /cash donations negotiated 14 Road Contribution Fund 107 per unit 1,893 (per unit) PAID BY SPECIAL TAX PROCEEDS 875 per unit, escalating each calendar year at a rate determined by 15 County Road Fee ordinance 674 (per unit) PAID BY SPECIAL TAX PROCEEDS 16 Weather Warning Siren 75 per acre Final Plat 1.75% of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25% of Approved Engineer's Estimate of Cost of Land Improvements Final Plat18EngineeringReviewFee W: \CURRENT PROJECTS \SW PROJECTS \FINAL FINALS \YORK WOOD ESTATES \YORK WOOD ESTATES ANNEXATION AGREEMENT _8_17_06.DOC 05/1/01 EXHIBIT "E" PERMITTED VARIATIONS AND DESIGN STANDARDS, I.Permitted Variations to Zoning Ordinance: A. Section 12.15.5: Sign Code I.Increase sign face area and height standards to comply with the standards set forth in Exhibit "H" attached hereto II. Permitted Variations to Subdivision Ordinance: III. Permitted Variations for Signage: The provisions of the Zoning Ordinance are hereby varied as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and in Exhibit "H" attached hereto E -1 EXHIBIT F Letterhead of a Bank, Savings. and Loan or Mortgage House) 20„_, Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL. 60560 Re: Subdivision Name Letter of Credit No. For Account of Amount Date Gentlemen: The undersigned by its' duly name of financial institution)name & title) authorized agent„ hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville in the amount of S which represents 110% of the cost of the improvements described herein. Such credit is available to be drawn upon by said City upon presentation to this bank ofyour demand for payment accompanies by a copy of this Letter ofCraht. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: DIVISION "W'.- SANITARY SEWERS engineer's estimate = DIVISION " B " - WATER NC43N enginces estimate = DIVISION "C" - STORM SEWERS engineer's estimate =1 DIVISION "D" - STREETS engineer's estimate — DIVISION "E" - DETENTIONION BASIN engineer's estimate — DMSION "F" - MISC. EMPROVEIVSBNTS en&eees estimate = Total engineers estimate = The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate. EXHIBIT F The development is legally described as follows: See Attached Exhibit "A" Said public improvements shall be constructed by subdivider) our customer, in accordance with the plans, specifications. completion schedules-and cost estimates prepared by subdivid -Ws engineer) The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on 20 provided, however, the undersigned shall not* the City Clerk by c Toed or registered mail, return receipt requested, at least ninety (90) days prior to said expiration date, that said Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until 20 without regard to expiration date) any default in payment of money owed to the issuer by our customer and without regard to otherclaimswhichtheIssuermayhaveagainstourcustomer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration date by submitting a new Letter of Credit to the same form and substance as tbis Letter of Credit to theCityClerkinanamountequalto110% of the estimated cost to complete and pay for the above described improvements. It is agreed that the following shall be considered a default by our customer axed shall entitle the City to make demand on this Letter of Credit: 1.that said Letter of Credit will expire within thirty (3 0) days and has not been renewed; or 2.that the aforesaid improvements have not been completed by the subdivider at least thirty (30) days prior to the aforesaid expiration date; or 3.that the owner and/or subdivider has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4.that the City of Yorkville has determined that the owner and/or subdivider has demonstrated that they will be unable to complete the improvement; or i I i EXHIBIT F S.that the City of Yorkville has determined that the public improvements or other improvements covered by this commitment have been or are likely to be the subjectoflianaorotherclaimsbycontractors, subcontractors or thud parties, or 6:that if more fiends are disbursed at this time on order of the owner and/or subdivider insufficient ftwds will - remain irrevocably committed to guarantee tho completion of all improvements, and such certification indicates that the owner and/or subdividerhasbeennotifiedthatthemunicipalityfindsthatabreachoftheowner's and/or subdivider's obligations has occurred and has not been cured within a period of thirty (30) days. The issuces obligation to the City is based solely on this Irrevocable Letter of Credit engagementbetweenthisfinancialinstitutionandtheCityandisnotsubjecttoinstructionsfromourcustomer. It is recognized that the City has directed our customer to proceed with the construction of publicimprovementsupontheguaranteeofthisirrevocablecommitment. 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 andtheCity, and such undertaking shall not in any way be modified, amended, amplified, nor shall it belimitedbyreferencetoanydocumalts, instrt anent or agreement referred to herein, and any suchreferenceshallnotbedeemedtoincorporatehereinbyreferenceanydocument, instrument or agreemeg. Demands on this Letter of Credit shall.be made by presenting the Issuer with a letter from the CityClerkoftheCityofYorkvilledemandingpaymentaccompaaiedbythecertificateoftheCityClarkoftheCityofYorkvillecertifyingthebasisforthedefaultanddemandanthisLetterofCredit. The undersigned agrees that this Letter of Credit shall not be reduced or discharged except uponreceiptofacertificateoftheCityClarkoftheCityofYorkvillecertifyingthatthisLetterofCreditmaybereduced. The outstanding balance of this Letter of Credit shall be the face amount of thisLetterofCreditlessanyamountwhichisdischargeduponcertificateoftheCityClerk; Providedhowever, the outstanding balance ofthis Letter of Credit shall not be reduced to less than 25% of theapprovedengineer's eatimte upon which this Letter ofCredit is based until the City Council acceptstheaforementionedimprovementsandacertificateoftheCityClerkcertifyingthattheLetterof Credit has been released by the City Council ofthe City, All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed_ The undersigned further agrees and engages that it will be responsible and liable for attorney fees andcourtcostswhichmaybeincurredbytheCityinenforcingcollectionofthisLetterofCreditin accordance with its terms. 1 i'Jf EXHIBIT F We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presenUtion to us prior to expiration of this Letter of Credit. BY:ATTEST: Name:Name: Title:Title: STATE OF ILLINOIS) SS COUNTY OF L the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that personally known to me to be the of the title) and personally known to me to be the name of institution)fie) of said institution, and who are personally known to me to be the same persons whose names are subsctibed tb the foregoing Letter of Credit as such and title)tide) respectively, and caused the corporate seal of said to be affmad thereto name of institution) pursuant to authority given by the Board ofDirectors thereof as their free and voluntary acts and as the free and voluntary act and deed of said institution. Given under my hand and official seal this day of 20_. SEAL Notary Public W: \CURRENT PROJECTS \SW PROJECTS \FINAL FINALS \YORK WOOD ESTATES \YORK WOOD ESTATES ANNEXATION AGREEMENT 8 17 06.DOC 05/1101 EXHIBIT "H" PROJECT SIGNAGE I.Onsite Project Identification Signs: 1.Number:4 2.Maximum Height: 20 feet 3.Maximum Sign Faces Per Sign: 2 4.Maximum Sign Face Area Per Side: 200 square feet 5.Illumination: Permitted 6.Minimum Setback from Property Line: 5 feet 7.Location: As from time to time determined by DEVELOPER II.Onsite Model Home Signs: 1.Number: 1 sign for each model home 2.Maximum Height: 6 feet 3.Maximum Sign Faces Per Sign: 2 4.Maximum Sign Face Area Per Side: 32 square feet 5.Illumination: Permitted 6.Minimum Setback from Property Line: 5 feet 7.Location: As from time to time determined by DEVELOPER III. Onsite Directional and Information Signs: 1.Number: No maximum number 2.Maximum Height: 6 feet 3.Maximum Sign Faces Per Sign: 2 4.Maximum Sign Face Area Per Side: 16 square feet 5.Illumination: Permitted 6.Minimum Setback from Property Line: 5 feet 7.Location: As from time to time determined by DEVELOPER IV. Onsite Sales or Marketing Signs/Flags: 1.Number: 12 2.Maximum Height: 10 feet 3.Maximum Sign Faces per Sign: 2 4.Maximum Sign Face Area Per Side: 32 square feet 5.Illumination: Permitted 6.Location: As from time to time determined by DEVELOPER H -1 W: \CURRENT PROJECTS \SW PROJECTS \FINAL FINALS \YORK WOOD ESTATESWORK WOOD ESTATES ANNEXATION AGREEMENT _8_17_06.DOC 05/1/01 V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the CITY Sign Ordinance and Subdivision Ordinance, or as otherwise approved by the CITY Council or Building and Zoning Officer upon request by DEVELOPER. Permanent entry monument signs and treatments shall not be located in public right -of- way and shall have adequate separation from underground utilities. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit "H ", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the Subject Property as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. H -1 I Exhibit' L" KENDALL COUNTY RIGHT -TO -FARM STATEMENT NOTICE: Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator - A -1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells, dust, sights, noise, and unique hours of operations that are not tvnical in other zonine areas. Exhibit AAA -1: Overall Infrastructure Funding Summary 8/ 3/06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Construction EngineeeringTotalFront Estimate Preliminary Design Construction SubtotalCostFunding F. 1 -Well No. 13 704, 000 40, 000 $ 62, 000 102, 000 806, 000 40, 000 F. 2 - Well No. 13 WTP 2, 893,880 $190, 000 $ 175, 000 365, 000 3, 258,880190, 000 F. 3 - Green Briar Drive Water Main Extensior $ 591, 375 44, 353 $ 44, 353 88, 706 680, 081 44, 353, F. 4 - 2. 0 MG EWST 3, 564,000 $105, 000 $ 116, 500 221, 500 3, 785,500105, 000 F. 5 - BP/ PRV Station (Chally Farm)500, 500 $ 40, 000 $ 35, 000 75, 000 575, 500 40, 000 Additional Consultation, Surveying & Testing $ 70, 000 70, 000 70, 000 70, 000 Water Subtotal: $ 8, 253,755 $489, 353 $ 432, 853 922, 206 9, 175,961489, 353 011111111 11i 1 111 w11- j'' 110 . 111jJ11111111111j Green Briar Road R. O.W. Acquisition 672, 000 $ 20, 000 20, 000 692, 000 20, 000 F. 8 - Fox Road Resurfacing 504, 260 $ 30, 000 $ 40, 000 70, 000 574, 260 30, 000 Pavillion Road Improvements 1, 187,549 $95, 004 $ 95, 004 190, 008 1, 377,55795, 004 Additional Consultation, Surveying & Testing $5, 000 10, 000 $ 47, 502 62, 502 $ 62, 502 15, 000 Transportation Subtotal: $ 2, 363,809 $ 25, 000 135, 004 $ 182, 506 342, 510 2, 706,319160, 004 Contract No. 1 & 2 5, 161,080 $325, 000 $ 341, 500 666, 500 5, 827,580325, 000 Sanitary Sewer Subtotal: $ 5, 161,080 $325, 000 $ 341, 500 666, 500 5, 827,580325, 000 SW Planning Area Stormwater Study 33, 800 33, 800 33, 800 33, 800 Stormwater Subtotal: $33, 800 33, 800 33, 800 33, 800 TOTAL (Water, Trans., San., & Storm):15, 778,644 $ 58, 800 949, 357 $ 956, 859 1, 965,01617, 743,6601, 008,157 G:\ PUblie \Yorkville@OO4\ Y00402 Fox Road Water System Extension AnalysislEnglSSA Tables \WO MB and GB - W Cily_ Fundingl[Development Funding Summary (WOMB &WCityFunding). xls]ProjedSim. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 2: Funding Distribution Summary 8/ 31/06 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL rJ' l NFL', 1 UL='; CU. f L ksl• J. NUIt LGPSUMMl1f' f u: o-` +:3 ::,"r'•'i':; Total Single Water lalpr.Transportation Impr.Sanitary Impr. StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost / Subtotal Cost I Subtotal Cost I SubtotalCost/ TotalCostI Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,8811, 990,881 Silver Fox 103 172 1. 67 19. 7% 1, 412,381 $ 8, 212 $ 441, 364 $ 2, 566 $ 1, 084,910 $ 6, 308 $ 5, 691 $ 33 $ 2, 944,346 $ 17, 118 Evergreen Farm 49 77 1. 57 8. 8% 632, 287 $ 8, 212 458, 488 $ 5, 954 $ 496, 339 $ 6, 446 $ 2, 715 $ 35 $ 1, 589,830 $ 20, 647 Aspen Ridge Estates 126 217 1. 72 24. 8% 1, 781,900 $ 8, 212 756, 945 $ 3, 488 $ 1, 356,178 $ 6, 250 $ 6, 982 $ 32 $ 3, 902,005 $ 17, 982 Chally Farm 154 224 1. 45 25. 6% 1, 839,381 $ 8, 212 $ 574, 799 $ 2, 566 $ 1, 484,251 $ 6, 626 $ 8, 533 S38 $ 3, 906,964 $ 17. 442 York Wood Estates 178 185 1. 04 21. 1% 1, 519,131 $ 8, 212 $ 474. 723 S 2, 566 $ 1, 405,901 $ 7, 599 $ 9, 880 $ 53 $ 3, 409,635 $ 18, 430 Total 610 875 1. 43 100. 0% 9, 175,961 2, 706,319 5, 827,580 33, 800 15, 752,779 IM. UlkliRECICP WRE/ REG'OVERY ORa4DDITIONAL FEES NEGATIVE NUfiABERY. SUMMAR: Total Single Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Cost l Subtotal Cost/ Subtotal Cost/ Subtotalcost/ SubtotalCost/ Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville 1, 990,8811, 990,881 Silver Fox 103 172 1. 67 19. 7% 775, 981 $ 4, 512 $ 18, 436) $ 107) $ 379, 098 $ 2, 204 $ 1, 155,079 $ 6, 716 Evergreen Farm 49 77 1. 57 8. 8% 347, 387 $ 4, 512 $ 41, 689) $ 541) $ 169. 712 $ 2, 204 $ 517, 099 $ 6, 716 Aspen Ridge Estates 126 217 1. 72 24. 8% 979, 000 $ 4, 512 $ ( 117, 488) $ 541) $ 478, 280 $ 2, 204 $ 1, 457,280 $ 6, 716 Chally Farm 154 224 1. 45 25. 6% 1, 010,581 $ 4, 512 $ 24, 010) $ 107) $ 493, 709 $ 2, 204 $ 1, 504,289 $ 6, 716 York Wood Estates 178 185 1. 04 21 . 1% 834, 631 $ 4, 512 $ 19, 829) $ 107) $ 407, 751 $ 2, 204 $ 1, 242,382 $ 6, 716 Total 610 875 1. 43 100. 0% 5, 938,461 221, 451) 1, 928,5507, 867,011 F . 0 F. RTOTAL' F. IXED3 NASTRUETURE• NDING "(INFRASTRUCTUR .FUNDING... AWIMUMn t. rvP' RECOVER• Y. Cf- ikIO. UI1Ll `*' r ; t;; s` c•.:•'"'' +;:R •? ";` Total Single Water. Im pr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal I Cost/ Subtotal Cost/ Subtotal Cost/ SubtotalCostSubtotalCostl Funding Entity Acreage Units (DU) DU /Acre) Total DU Cost D. U.Cost D. U.Cost D. U.CostD. U.CostD. U. United City of Yorkville Silver Fox 103 172 1. 67 19. 7% 636, 400 $ 3, 700 $ 459, 800 $ 2, 673 S 705, 812 $ 4, 104 $ 5, 691S33 $ 1, 807,702 $ 10, 510 Evergreen Farm 49 77 1. 57 8. 8% 284, 900 $ 3, 700 $ 500, 177 $ 6, 496 $ 326, 627 $ 4, 242 $ 2, 715S35 $ 1, 114,419 $ 14, 473 Aspen Ridge Estates 126 217 1. 72 24. 8% 802, 900 $ 3, 700 $ 874, 433 $ 4, 030 $ 877, 898 $ 4, 046 $ 6, 982 $ 32 $ 2, 562,212 $ 11, 807 Chally Farm 154 224 1. 45 25. 6% 828, 800 $ 3, 700 $ 598, 809 $ 2, 673 $ 990, 542 $ 4, 422 $ 8, 533 $ 38 $ 2, 426,684S10, 833 York Wood Estates 178 185 1. 04 21. 1% 684, 500 $ 3, 700 $ 494, 552 $ 2, 673 $ 998, 151 $ 5, 395 $ 9, 880 $ 53 $ 2, 187,082S11, 822 Total 610 875 1. 43 100. 0% 3, 237,5001 2, 927,770 S 3, 899,030 33, 800S7, 885,768 G :1PublidYork. 11o\20041YO0402Fos Road MW1Sya, em E. W- - A. 1, ai.% E, g% SSATabl.. D.. Ip- etFuAgSummery( WSP- PRVR- pil. al4lD4v. Sum. Notes• The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjustedaccordingly. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 3: Water Works System Improvements Funding Distribution SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL WATER DISTRIBUTION FUNDING SUMMARY Total Single Water Dlsir.Wate Additional Supply, Total FeesWater Family Density Percent of Funding Connection Fee Treatment & Storage For WaterImprovement Funding Entity Acreage Units (DU) DU /Acre) Total DU At $1, 4351 DU At $3, 700 / DU At $3, 0771 DU ImprovementsCostperDU United City of Yorkville 1, 990,881 Silver Fox 103 172 1. 67 19. 7%246, 811 636, 400 529, 170 1. 412,3818, 212 Evergreen Farm 49 77 1. 57 8. 8%110, 491 284. 900 236, 896 632. 287 8, 212 Aspen Ridqe Estates 126 217 1. 72 24. 8%311, 364 802, 900 667, 616 1, 781,9008. 212 Chally Farm 154 224 1. 45 25. 6%321, 429 828, 800 689, 152 1, 839,3818, 212 York Wood Estates 178 le5 1. 04 21. 1%265, 466 684, 500 569. 166 1, 519,131 u $ 8.212 Total / Average 610 875 1. 43 100. 0% 1, 255,581 3, 237,500 2, 691,999 9, 175,961 GAPublie \Yo, kvi11*U0t1a1Y0D402 Fox Road VMar Sy- Exkmaion Am1yaiaGV1SSATab4at( Dav,1o1 -r t Fudnp S- xy (W BP-PRVRaapi). xlalWatar POTENTIAL MAXIMUM RECAPTURE /RECOVERY AMOUNT SUMMARY Less Water Less Maximum Recovery Total SingleRecoveryMaximum Off -site Water Main Project 1 Total Conn. Fee City Recoverable per FamilyperRecoverable Infrastructure Item Project Cost At 3, 700 / DU Contr. Amount (Dev.)D. U.Development Units (DU)D. U.Amount Well No. 13 806. 000 United City of Yorkville1, 990,881 Well No. 13 WTP 3, 296,BB0 Silver Fox 1724. 512 775. 981 2. 0 MG EWST 3, 815,500 Evergreen Farm 774, 512 347, 387 Supply, Treatment, b Storage Subtotal: 7, 920,380 3, 237,500 1, 990,881 2, 691,999 3, 077 Aspen Ridge Estates 2174, 512 979, 000 Green Briar Road WM 680, 081 680, 081 777 Chally Farm 2244, 512 1, 010,581 BP / PRV Station 575, 500 575, 500 658 York Wood Estates 1854, 512 834, 631 Distribution Subtotal:1, 255,581 1, 255,581 1, 435 Total /Average 8754, 512 5, 938,461 Total: $9, 175,961 3, 237,500 1, 990,881 3, 947,580 4, 512 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 4: Transportation Improvements Funding Distribution 613106 SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL TRANSPORTATION FUNDING SUMMARY Transportation Transportation Total Single Density Percent of Infrastructure Fee Improvement Funding Entity Acreage Family Units (DUI DU /Acre) Total DU At $2, 0001 DU Cost per DU Silver Fox 103 172 1. 67 19. 7% 344, ODO 2, 000 Evergreen Farm 49 77 1. 57 8. 8% 154, 000 2, 000 Aspen Ridge Estates 126 217 1. 72 24. 8% 434, 000 2, 000 Chatty Fann 154 224 1. 45 25. 6% 448, 000 2, 000 York Wood Estates 178 185 1. 04 21. 1% 370, 000 2, 000 Total /Average 610 875 1. 43 100. 0% 1750, 000 G: 1Pub11dYorkv11102004tY00402 Fox Road Water System Extenslon Anelysis% Eng%SSA Tables\ WO Me and GS - W Cty Fundingt] Devalepment Funding Summary (WO Me dW Cty Funding). als]Transportation POTENTIAL MAXIMUM RECAPTURE/ RECOVERY AMOUNT SUMMARY Portion Of Remaining Transpor.Transpor. Fees Total SingleRemainingRemaining Transportation Total Impact Fee Impact per Family DwellingFeesTranspor. Impact Improvement Project Cost At 2, 0001 DU Fee D. U.Development Units (DU)perDUFees Green Briar Road R. O.W. Aw.702, 000 Silver Fox 172107)18, 436) Fox Road Resurfacing 574, 260 Evergreen Farm 77541)41, 689) Subtotal:1, 276,260 1, 276,260 1, 459 Aspen Ridge Estates 217541)117, 488) Pavillion/ Fox Road Improvements:1, 430.059 Chatty Farm 224107)24, 010) Less County Impact Fee Contribution: 589, 097) York Wood Estates 185107)19, 829) Pavillion Local Funding Subtotal:840, 962 otal:875221, 451) Pavilion Road (30% Regional Share)252, 289 252, 289 434 Pavilion Road (70% Adjacent Share)588, 673 Total (Silver, Chally,York):1, 099,725 1, 162,000 62, 275) 107) Total (Evergreen): 406, 648 154, OOD 41, 669) 541) Total (Aspen): 610, 849 434, 000 117, 488) 541) Notes: 70% of the Pavillion Road Improvement cost is applied to Aspen Ridge and Evergreen Farms; 30% (assumed regional portion of the improvement) is applied to the remaining subdivisions It is assumed Evergreen Farm and Aspen Ridge do not recover dollars from their Pavillion Road investment Of the four legs of the Pavillion Road Improvement with reference to the Fox and Pavilion intersection, the cost breakout for the 70% of the total portion that is applied to Evergreen Farms andAspenRidge is as follows: North and East -100% Evergreen Farms, West -100% Aspen Ridge, South - 50% each The total cost for the regional (Non - County Impact Fee eligible) improvements is less than the total amount of money that will be collected for the $2, 000 / D. U. impact fee; The remainingportionoftheimpactfeewillbedue at building permit Since Evergreen Farm and Aspen Ridge are not funding the "Regional Share" of Pavillion Road (they are funding the adjacent share), their transportation impact fee does not count against thatportionoftheimprovement ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit AAA - 5: Sanitary Conveyance Improvements Funding Distributionar3roe SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL SANITARY CONVEYANCE FUNDING SUMMARY YBSD City Additional Total FeesSanitary Total Single Density Percent of Infrastructure Fee Connection Fee Funding Required ForSanitaryImprovement Funding Entity Acreage Family Units (DU) DU /Acre)Total DU At $3, 5231 Acre At $2, 0001 Unit At $2, 2041 DUImprovementsCostperDU Silver Fox 103 172 1. 67 19. 7% 361. 812 344, 000 379, 098 1, 084,9106, 308 Evergreen Fann 49 77 1. 57 8. 8% 172, 627 154. 000 169, 712 496, 339 6, 446 Aspen Ridge Estates 126 217 1. 72 24. 8% 443, 898 434. 000 478. 280 1. 356.1786, 250 Chally Fans 154 224 1. 45 25. 6% 542, 542 448. 000 493, 709 1, 484,2516. 626 York Wood Estates 178 185 1. 04 21. 1% 628, 151 370, 000 407, 751 1. 405,9017, 599 Total /Average 610 875 1. 43 100. 0% 2, 149,030 1, 750000 1, 928,5505, 827,580 G: tPub11MYarW1W200etY00402 Fax Road Water System Extension AmdysislEng% SSATabiestWO Me and GS- W City FundingQDevelopment Funding Summery (WO MB 3 W City Funding). alslSarteary AS & W City Funding) x/slSonbary Summary (WO MeSWCityFunding). AslSanftary POTENTIAL MAXIMUM RECAPTURE AMOUNT SUMMARY Estimated Less Less Maximum Recovery TotalSingleRecoveryMaximum Sanitary Interceptor Project YBSD Infr. Fee City Conn. Fee Recoverable per FamilyDwellingperRecoverable Contract Cost At $3, 5231 Acre At $2, 0001 DU Amount D. U.Development Units (DU)D. U.Amount Contract Nos. 1 + 2 5, 627,580 2, 149,030 1, 750,000 1, 928,550 2. 204 Silver Fox 1722, 204 379, 098 Total I Average 5, 827,580 2, 149,030 1, 750,000 1, 926,550 2, 204 Evergreen Farm 772, 204 169, 712 Aspen Ridge Estates 2172. 204 478, 280 Chally Farm 2242, 204 493, 709 York Wood Estates 1852, 204 407, 751 Total /Average 8751, 928,550 ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL Exhibit BBB: Front Funding Distribution SummaryW31DS SW INFRASTRUCTURE FUNDING United City of Yorkville, Kendall Co., IL Total Single Water Impr.Transportation Impr.Sanitary Impr.StormwaterPlanningTOTALALL Family Dwelling Density Percent of Subtotal Front FundinE Subtotal Front Fundin£ Subtotal Front FundlnE Subtotal FrontFundlncTotalFrontFundinE Funding Entity Acreage Units (DU) DU/ Acre) Total DU Cost Amount Cost Amount Cost Amount CostAmountCostAmount' Silver Fox 103 172 1. 67 19. 7% 1, 412,381 $ 96, 193 $ 441, 364 $ 26, 094 $ 1, 084,910 $ 60, 505 $ 6, 644 $ 6, 644 $ 2, 945,299 $ 189, 436 Evergreen Farm 49 77 1. 57 8. 8% 632, 287 $ 43, 063 458, 488 $ 27, 107 $ 496, 339 $ 27, 680 $ 2, 974 $ 2, 974 $ 1, 590,089 $ 100, 825 Aspen Ridge Estates 126 217 1. 72 24. 8% 1, 781,900 $ 121, 360 756, 945 $ 44, 752 $ 1, 356,178 $ 75, 633 $ 8, 382 $ 8, 382 $ 3, 903,406 $ 250, 127 Chally Farm 154 224 1. 45 25. 6% 1, 839,381 $ 125, 274 $ 574, 799 $ 33, 983 $ 1, 484,251 $ 82, 776 $ 8, 653 $ 8, 653 $ 3, 907,083 $ 250, 686 York Wood Estates 178 185 1. 04 21. 1% 1, 519,131 I $ 103, 463 $ 474, 723 $ 28, 067 $ 1, 405,901 $ 78, 406 $ 7, 146 $ 7, 146 $ 3, 406,902 $ 217, 082 Total 610 875 1. 43 100. 0% 7, 185,080 $ 489, 353 $ 2, 706,319 $ 160, 004 $ 5, 827,580 $ 325, 000 $ 33, 800 $ 33, 800 $ 15, 752,779 -$ 1, 008,157 Gaubk% YorkvW20W1Y00102Pox Re.d WaIw Sygm Eat-bo A1Ah W. 1SSAT.b1.V)0 MB.n GB -WOBy F. d. V4D -bp *FukqS, o . .. W ( VWA0aWaq F.,* q) m) FroFuWft Notes: The acreage and unit counts are estimates; Once the final acreage and unit counts have been established, the calculation methodology will be reran and the values will be adjusted accordingly. The Front Funding Amount for each infrastructure component is computed by using the proportional share of the Subtotal Cost multiplied by the total front funding amount required. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL DRAFT EXHIBIT CCC UNITED CITY OF YORKVILLE, ILLINOIS KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREAS SERIES 2007 — PAYDOWN BONDS Southwest Interceptor Project including Pavillion Road) Summary of Proposed Terms, ISSUER:United City of Yorkville, Illinois (the "City ") BOND TYPE:Special Tax Revenue Bonds PUBLIC IMPROVEMENTS: The proceeds of the Bonds will be used by the City to construct certain off -site Public Improvements benefiting the Special Service Areas (the Areas "). Improvements include roadways (including Pavillion Road) sanitary sewer facilities, water facilities, costs for land and easement acquisitions relating to any of the foregoing improvements and certain soft costs associated with the Public Improvements. THE AREAS:The City will form five separate special service areas (the "Areas"), each of which will have a separate and distinct tax based on the number of acres and dwelling units. As currently contemplated, the special service areas will be: Acreaze*Units Silver Fox 103 172 Evergreen Farms 49 77 Aspen Ridge Estates 126 217 Chally Farm 154 224 York Wood Estates 178 185 subject to change) SECURITY:A first lien on all Special Taxes imposed upon all property within each Special Service Area. A Reserve Fund equal to 10% of the initial par amount of the Bonds. the Special Service Areas will not be cross - collateralized USE OF PROCEEDS:The proceeds of the Bonds will be used to 1) purchase and /or construct certain Public Improvements; 2) fund a debt service reserve equal to 10% of par; 3) to pay capitalized interest for up to 25 months; and, 4) pay costs of issuance. COUPON:TBD FINAL MATURITY:March 1, 2017 AMORTIZATION:Amortization will be in years 2014 through 2017. DRAFT EXHIBIT CCC STRUCTURE:Pursuant to a Special Tax Roll, the Special Service Area Tax from each special service area will be due and payable in full upon the transfer of title on the property. Effectively, this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property i.e., prior to the time a homeowner takes possession). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly, the Trustee would use all prepayments to redeem bonds. See "Special Mandatory Redemption from Property Owner Prepayment. " Beginning in 2009, each owner will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2014 special tax payment, the special service area debt will begin to amortize for any unsold units. AVERAGE ESTIMATED Averaee Estimated Tax Pavments SPECIAL TAX PAYMENTS: per unit) Year Amount 2009 1,196 2010 1,196 2011 1,196 2012 1,196 2013 6,485 2014 6,485 2015 6,485 2016 4,185 sly includes principal and interest assumes an average debt of $22,955 /unit assumes title does not transfer assumes no prepayment and an average Debt Service Reserve Credit of $2 /unit ESTIMATED SOURCES Sources: AND USES OF FUNDS:Bond Proceeds 20,086,000 Original Issue Discounts'200,860) City Funds 1,990,880 Interest Earnings (2)619.480 22,495,500 Uses: Improvements 17,743,660 Debt Service Reserve (3)2,008,600 Capitalized Interest 2,301,520 Costs of Issuance 441,720 22,495,500 In order to allow for prepayment at any time without penalty, the bond purchasers will require a 1% discount on the bonds at the time of issuance. 2) Interest is earned on the unspent bond proceeds held by the bond trustee. 3) The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See "Debt Service Reserve." Interest is capitalized through March 1, 2009. The first tax bill will be June 2009. S) Costs of issuance are estimates and subject to change. DRAFT EXHIBIT CCC i DEBT SERVICE RESERVE: A Debt Service Reserve equal to 10% of the par amount of the Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount see "Payoff') at the time the lien is released (the "Debt Service Reserve Credit "). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF:Based on a $20,086,000 bond issue, the payoff figure per parcel would be: Fee per Bond Total Tax DSR Payoff Project DU Costs per DU Credit Amount City of Yorkville 1,990,880 Silver Fox 17,118 4,709 21,827 2,183 19,644 Evergreen Farm 20,647 5,680 26,327 2,633 23,694 Aspen Ridge Estates 17,982 4,946 22,928 2,293 20,635 Chally Farm 17,442 4,798 22,240 2,224 20,016 York Wood Estates 18,430 5,070 23,500 2,350 21,150 1) Difference between "Payoff Amount" and "Fee per DU" equals each unit's per share cost of the Costs of Issuance and the Capitalized Interest. ANNEXATION It is contemplated that each developer will agree in its Annexation AGREEMENT:Agreement to the formation of the special service area on its property and the imposition of the special tax. In order to assure an adequate number of units is included and the resultant special tax is acceptable, all annexations would need to occur simultaneously. METHOD OF SALE:Limited Offering DENOMINATION:100,000 with increments of $1,000 in excess thereof. BOND FORM:Book -entry Only through DTC ANTICIPATED RATING:None TAXATION:Exempt from federal taxes; not subject to AMT; not exempt from State of Illinois income taxes. INTEREST PAYMENT March 1 and September 1, commencing September 1, 2007 DATES: PRINCIPAL PAYMENT March 1, commencing March 1, 2014 DATES: OPTIONAL REDEMPTION: The Bonds are subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date, in par, from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area (the PREPAYMENT:Establishing Ordinance ") and deposited into the Special Redemption Account of the Bond Fund, at a redemption price of par, together with accrued interest on such Bonds to the date of I DRAFT EXHIBIT CCC redemption. The Bonds will be called in order of maturity. When the amount on deposit in the Special Redemption Account equals $1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION:The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT:Annually on or before the last Tuesday in December, the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL:Foley & Lardner UNDERWRITER:William Blair & Company TRUSTEE:Bank of New York BILLING AND The County will bill and collect the special service area tax. COLLECTING: ADMINISTRATOR:The City will hire David Taussig & Associates as the special service area administrator (the "Administrator ") to assist the City in the levy, abatement and collection process. EXHIBIT DDD J PRESSUEE ZONE MO.2 OMTH CENTRAL WWII L_ CURRENT FAC/ UTIE,E 1E1? ELEVATION$ Tcu 7w eSTP1RJhG E: 30fl, pAp idt.F1 4ADUND ELEVAIIINS: d6i1 SUPPLY: 1,030 GPM KENQALL COU- 1 1 FOREST PRESERVEFrf7 PRE 90NE HQ1 lA( 5WTN r§WRA6 Z9N9. TP1.4 450 T41+A4E; , 44,W44n6. t rI Ni4U1# 4 E4:E!'A'T74NJ$; 4+iTi•?15 9UF'P4Y:G46M A PMY r'I L. EGENO' RECAPTURE;'RECONERYAREA Ewa PRESSURE ZONE NO, 3B GSWTH C"(MAL PONE.yNNlpd[p al1ElAI ig4i h PLdITMMIY 1 CURRENT FACIL l " AM ELEVATIONS TEll MAIN STOR4GE; 9GAL 99TIMS" WoUlAD ELVATIDHO: 00.713 PRoR49ED11ELL SUPPLY: 4GPM 5 E>• 165T1N6 I BMPM1K lTAT70M ii i i+ l rF t# YqSMtbtkENt' gG` m g t.+,tm s s- •.dR1{ ES: iU' d*1ZX1NE7 t + r` y T'L:93R fdlt*, rI54EtlATF9kIQ:? 4• TR4 4L'" Ly: a qvM 5.:C t EXISTINGLEGSTNAN4" WATERMAIN Ems" N+1, ^WATERMAIN EYISIWATERMAIN NA r T.' SIPRBSSURk ZONE.NO.E JSQU' fl6R10.3T ZONET ti l` 4I.— ...- . -,,,,, F -ETIN0 8. 4"' W'AYeftMAIN L,.. as. J RREN7 FACILtT' 1EE AND ELEY, AIFACINE r :i 'I FASTING12" WATERMAIN liTCKi.AGE :. 9 d: , AL„r'a f`IGI8ERIN TCL. A v FWaWA TERMAIN eL a Sts 6t15FUTUN,E9Z' WATERMAIN SUPPLY, 0 GPMFUTURET5' WATERMAIN lwAlmom r t IYIMEti/ REat+NIFeGUN4aai' 4 m r wau. .ea zc I 1 T Tt 1M5, Inc.UNITET7 CITY 4F YORKVILLE SOUTHWEST PLANN1E41i ARERMONAt fool b m wpdA g nn> wdt)n R9Ri9s3# a N' fS 2 Rai 1 "DALL CWHITY; ILLINOIS 11 W1@Y PEBd REFER €CAPTUREARE or w EMoYs 605- 34 E3aC4" –Tee IHIT va, -- `. std I F- "'' r EXHIBIT DDD kI NENLtCf f laooasagaasar f LEGEND RECAPTURWRECOVERYAREA Rig te T i j' vrra c arch c+sysin clnnrc3 r:*. fErtglnatrlma €nwrpritaas, lnq.UN17EO Garr OF Y4tMMLE SOUTHWEST PANNING AREAREMONALSMITARYIMPR8JEk1EttTS s3a ase NecatrAutt twacrs1dEGQ..E ECAPTUREAREA . IBIT EXHIBIT EEE RECAPTURE AGREEMENT i THIS RECAPTURE AGREEMENT ( "Agreement "), is made and entered as of the day of 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ( "CITY ") and DEVELOPER "). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as Subdivision "). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated 2006 ( "Annexation Agreement ") pertaining to the annexation and development of the Subdivision within the CITY. i C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ( "Recapture Items ") which will provide benefit to other properties ('Benefited Properties ") from the OWNERs of the Benefited Properties ('Benefited OWNERS "). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: I .RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ( "Recapture Schedule "). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ( "Estimated Cost "). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2.BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B ". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel ". There are a total of Benefited Parcels as identified in the Recapture Schedule. EXHIBIT EEE 3.RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the Recapture Costs ". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent (6 %) per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4.COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel, or any portion thereof, his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and /or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur, the CITY shall collect from such Benefited OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5.PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERs as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6.CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, DEVELOPER and /or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and EXHIBIT EEE free access to the CITY's books and records pertaining to the subdivision and /or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and /or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7.CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8.TERM This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9.LIEN The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. i EXHIBIT EEE D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty -four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY:United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553 -4350 with a copy to:John Wyeth, Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553 -4350 If to OWNER F.Severabilitv: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. EXHIBIT EEE L Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J.Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. EXHIBIT EEE W. \CURRENT PROJECTS \YORK WOOD ESTATESWNNEXATION AGREEMENTWORK WOOD ESTATES ANNEXATION 1 '.AGREEMENT FINAL DRAFT.DOC 6/112006 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER:CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By:By: Mayor Title: President Attest: Dated:CITY Clerk i A -1