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Ordinance 2006-012 200800005144 Filed for Record in STATE OF ILLINOIS ) KENDALL COUNTYP ILLINOIS RENNETTA S NICKELSON )ss 02 -28 -2008 At 10:13 am. COUNTY OF KENDALL ) ORDINANCE 74.00 RHSF Surcharse 10.01) ORDINANCE NO. 2006- \24- i AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Corneils Crossing) 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. JOSEPH BESCO � MARTY MUNNS VALERIE BURD PAUL JAMES DEAN WOLFER JASON LESLIE ROSE SPEARS JAMES BOCK .� Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. O MAYO Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of. A • , 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 ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND CORNEILS CROSSING, LLC THIS ANNEXATION AGREEMENT ( "Agreement ") is made and entered into this 28th day of February, 2006 between the UNITED CITY OF YORKVILLE, a municipal corporation, located in the County of Kendall, State of Illinois ( "CITY "), and CORNEILS CROSSING, LLC, as owner and /or developer (OWNER and /or DEVELOPER). WITNESSETH WHEREAS, at the time of execution of this Agreement, the OWNER is the record owner of certain real property which is the subject matter of this Agreement. Said real property is located adjacent to Corneils Road in Kendall County, Illinois, and is legally described on EXHIBIT "A" attached hereto and made a part hereof. The said real estate ( "TERRITORY ") is comprised of approximately 15 acres, more or less, and is depicted on the Plat of Annexation attached hereto and incorporated herein as EXHIBIT "B "; and WHEREAS, the OWNER and /or DEVELOPER shall develop the TERRITORY with uses and a design generally consistent with all the criteria contained in this Agreement and in the Subdivision Plat prepared by Jacob & Hefner, dated June 15, 2005, Revised August 24, 2005 attached hereto and made a part hereof as EXHIBIT "C" and in conformance with CITY Ordinances; and WHEREAS, the TERRITORY is currently contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other city or village; and WHEREAS, the OWNER and /or DEVELOPER and CITY, respectively, have complied with all applicable ordinances and laws of the State of Illinois regarding annexation and i development approvals and all petitions for zoning and development approvals relating to the TERRITORY, all pursuant to and upon such notices and related procedures as are required by the ordinances of the CITY and the laws of the State of Illinois; and WHEREAS, in fulfillment of the aforementioned requirements, the CITY published for and held a public hearing before the Plan Commission on August 10, 2005, on the Annexing and Rezoning proposal for the TERRITORY; and WHEREAS, also in fulfillment of the aforementioned requirements, the CITY published for and held a public hearing before the Mayor and Alderman on September 27, 2005, on the proposed Annexation Agreement for the TERRITORY. WHEREAS, the Mayor and Alderman, after due and careful consideration, have concluded that the execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the TERRITORY as provided herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree to as follows: 1. ANNEXATION. The CITY agrees to immediately annex the TERRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation. 2. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty (20) years. In the event the annexation of the TERRITORY, the classification of the TERRITORY for zoning purposes or other terms of this Agreement are challenged in any 2 court proceeding, the period of time during which such litigation is pending, shall extend the term of this Agreement day- for -day for the date of the filing of such action to and including the date of any final nonappealable order. 3. ZONING AND OTHER APPLICABLE ORDINANCES. The CITY has examined the Zoning Plat, this Agreement and other submissions and documentations provided or required in connection therewith and find that it is in compliance with this Agreement. A. Contemporaneously with the annexation of the TERRITORY, the CITY shall adopt an ordinance amending the provisions of the Yorkville Zoning Ordinance so as to provide that the TERRITORY shall be classified as R -2 One - Family Residence District. Rezoning granted shall be in conformance with the Plat of Zoning attached here to as EXHIBIT ccD» B. Further, the CITY agrees to grant those modifications as specified in this Agreement, Subdivision Plat, and Exhibits made a part hereof. C. The CITY and OWNER/DEVELOPER agree that the TERRITORY shall be developed in substantial compliance with the ordinances of the CITY, and this Agreement, together with the Subdivision Plat and Exhibits attached hereto. D. Interim Uses: Interim uses set forth below shall be permitted anywhere on the TERRITORY during the term of this Agreement subject to City Subdivision Control, and /or other applicable ordinances, policies or regulations: a. All types of crop farming. b. Paved Parking lots for models. C. Stock piling of dirt, so long as the location of said stock piling does not impact any adjacent residences and /or active farmland crops. d. Temporary detention. 3 e. Construction storage and office /sales trailers, as permitted in Section 15 of this Agreement. f. Temporary Signs as permitted in Section 14 of this Agreement. Said interim uses shall be allowed only for activities taking place on the TERRITORY and not for any other off -site activities not related to the development of the TERRITORY. E. DEVELOPER shall be allowed to submit final plats for approval in phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at any time during the term of this Agreement, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Preliminary Subdivision Plans and otherwise meet all the requirements of the CITY'S Municipal Codes, except as expressly and specifically modified by this Agreement. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty (60) days of its receipt of such final plat, final engineering and all necessary supporting documentation and information by either; (1) adopting such ordinances as may be required to approve such final plat and final engineering and cause the CITY to process and execute any such final plat of subdivision or (2) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or this Agreement relied upon by the CITY in its request for corrections. F. Throughout the term of this Agreement, any setbacks, lot sizes, lot widths, parking ratios, landscaping, and subdivision requirements incorporated in the Preliminary Subdivision Plan shall remain in effect and shall govern the development of the TERRITORY. G. All CITY ordinances, policies and regulations in effective as of the date of 4 this agreement shall be binding upon OWNER and /or DEVELOPER for a period of four years. Thereafter said ordinances, policies and regulations then in effect shall apply. H. To the extent of any conflict or inconsistency between the terms or standards of this Agreement and the terms or standards of the Subdivision and Development Control Regulations, Zoning Ordinance, Building Code or any other applicable CITY code, ordinance, rule or regulation, the terms and standards of this Agreement shall control. I. Nothing contained herein shall prevent the CITY from enforcing Code modifications or requirements by other governmental bodies having jurisdiction. 4. PUBLIC IMPROVEMENTS AND SURETY BOND. A. Prior to the commencement of construction for a certain phase of the development, the OWNER and /or DEVELOPER shall provide the CITY with an irrevocable letter of credit in a form as set forth in EXHIBIT "E" (attach as an exhibit the CITY's Standard Format language) acceptable to the CITY and issued by an institution approved by the CITY (hereinafter sometimes referred to as "Surety" in an amount equal to one hundred ten percent (110 %) of the CITY approved estimate of the established costs of the public improvements to be undertaken for said phase to be developed on the TERRITORY. The estimate of cost shall be initially prepared by the engineer for the OWNER and/or DEVELOPER to the costs for similar projects determined over the preceding year's time and the project bids actually received by the OWNER and /or DEVELOPER and shall then be submitted to the CITY engineer for ultimate determination and approval. B. The Surety shall constitute a guarantee that all the public improvements required will be constructed by the OWNER and /or DEVELOPER pursuant to this Agreement, the applicable CITY Ordinances, and the approved final engineering plans and specifications, 5 I and shall be completed within a period of time, not to exceed two (2) years from the Final Plan and Plat approval for the TERRITORY or any given Phase thereof (any extension of time may be mutually agreed upon by the OWNER and /or DEVELOPER and the CITY), and that should the OWNER and /or DEVELOPER fail or default in the completion of such obligation within the permitted time, then the CITY may, after complying with the terms and conditions of the Surety, use the Surety to the extent necessary to complete or repair any and all of the improvements secured thereby. C. The OWNER and /or DEVELOPER shall be relieved of all continuing responsibility under a Surety provided pursuant to this Paragraph 4 once the CITY has accepted all public improvements required to be constructed with respect to a given lot(s) of the development of the TERRITORY, all warranty work for such Phase, if any, having been performed by OWNER and /or DEVELOPER and approved by the CITY, and all warranties of the OWNER and /or DEVELOPER hereunder have lapsed, provided, however, that as public improvements are partially completed and paid for by the OWNER and /or DEVELOPER and accepted by the CITY, the Surety deposited by the OWNER and /or DEVELOPER with the CITY, if requested by the OWNER and /or DEVELOPER, may be proportionately reduced or released on an individual improvement -by- improvement basis upon the review and recommendation of the CITY Engineer. Upon completion of a major portion of the public improvements required with respect to a given Phase of the development of the TERRITORY, and OWNER and/or DEVELOPER request, the CITY engineer shall recommend whether a reduction is appropriate and the City shall consider whether the Surety shall be reduced by the CITY within sixty (60) days of receiving the recommendation from the CITY engineer. The CITY's consideration must result in either: (1) enacting such ordinances or resolutions as may 6 be required to approve the reduction or (2) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of the reduction in Surety quoting the section of the Municipal Code or this Agreement or other authority relied upon by the CITY in its denial of the request for reduction of Surety. The reduction of said Surety shall be in an amount proportional to the work then completed, as reviewed and recommended by the CITY Engineer. The CITY agrees that said review by the CITY engineer shall be of reasonable duration after the submittal of all documents required for said review. The CITY agrees not to condition the reduction in the Surety on the construction of any public improvements not specifically included on or reasonably related to the approved final engineering plans for said phase. Notwithstanding anything herein, the CITY shall be entitled to retain ten percent (10 %) of the Surety as security for the OWNER'S and /or DEVELOPER "S performance of any warranty work required hereunder, and to use said ten percent (10 %) to perform such warranty work in the event that the OWNER and /or DEVELOPER fails to do so. Upon the expiration of the OWNER'S and /or DEVELOPER'S warranty obligation hereunder, the CITY shall promptly release any remaining retained amounts under the relevant Surety. 7 5. UTILITY CAPACITY AND EXTENSIONS. A. The CITY has determined that the CITY's sanitary sewer transmission system and Yorkville Bristol Sanitary District's treatment capacity, potable water, fire flow and water storage have sufficient capacity to adequately serve the anticipated uses of the g p Y q Y P TERRITORY when developed pursuant to the terms of this Agreement. B. To the best of the CITY'S knowledge and belief, there is no administrative, judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon any party's right to use the sanitary sewer and potable water supplies and systems serving the CITY, and the CITY will notify the OWNER and /or DEVELOPER and use best efforts to promptly take remedial action if such reduction or limitation is threatened in the future. 6. STORMWATER MANAGEMENT. The CITY agrees, represents and warrants to OWNER and or DEVELOPER that it has sufficient stormwater management capacity to adequately serve the anticipated uses of the TERRITORY when developed pursuant to the terms of this Agreement within its Regional Stormwater Management Facility (Currently being referred to as the Raymond Regional Stormwater Management Facility). OWNER AND DEVELOPER agree to participate in the Regional Stormwater Management Facility by paying a participation fee to be calculated by City Engineers and consultants. The OWNER and/ DEVELOPER shall pay the Regional Stormwater Management Facility participation fee in effect at the time of the recording of the Final Plat for each phase of the proposed development, provided the OWNER and /or DEVELOPER receive written notice of any changes or proposed changes and that changes shall not take effect within the TERRITORY 9 for one - hundred - eighty (180) days from the date of any such notice. OWNER and /or DEVELOPER may pre -pay any fee proposed to be changed prior to recording a final plat for any phase of the proposed development which shall freeze said proposed fee increase and not affect the TERRITORY. 7. EXCAVATION. GRADING AND PREPARATION OF TERRITORY. The CITY agrees to allow the OWNER and /or DEVELOPER prior to final approval to allow mass earthwork and grading, provided that the CITY has approved mass grading and erosion control plans for such work, that the OWNERS and /or DEVELOPERS shall comply with all requirements of the City Erosion/Sediment Control Ordinance, and provided further that OWNERS and /or DEVELOPERS shall post a letter of credit in the amount of the cost of such work, as provided by the OWNER'S and /or DEVELOPER'S engineer, subject to the review and approval of the CITY Engineer, with the CITY as security for the completion hereof, and provided that in the event that OWNERS and /or DEVELOPERS perform or construct any of the public improvements contemplated by Section 4 and Section 10 of this Agreement prior to the time that the CITY has approved the final engineering plans therefore, the CITY may exercise such remedies as it deems necessary to halt such work until such final engineering is approved. 8. RECAPTURE. A. In the event the OWNER and /or DEVELOPER are required by CITY to oversize water, sanitary sewer, storm water pipes and /or facilities or construct roadways and traffic related improvements to serve or benefit other properties, the CITY agrees to enter into a recapture agreement for said costs including but not limited to engineering and reasonable interest costs as provided by law. The recapturable costs for oversizing required by the CITY 10 shall be the actual costs incurred by the OWNER and /or DEVELOPER for those portions of the work exceeding what is required to provide service to the development. ' 9. EASEMENTS AND APPROVALS. The CITY agrees to assist the OWNER and /or DEVELOPER with procuring all easements and governmental approvals, at the i OWNER'S and /or DEVELOPER'S expense, necessary or convenient for the construction of any off -site potable water improvements. All easement agreements shall be prepared by the CITY and approved by the OWNER and/or DEVELOPER prior to execution. The CITY also agrees that it will cooperate with the OWNER and /or DEVELOPER to assist in obtaining all necessary easements, approvals or permission for the installation and construction of any other necessary off -site improvements at OWNER'S and /or DEVELOPER'S expense. 10. CONNECTION TO CITY SERVICES. A. No users shall be permitted to connect to the sewer and water mains until the CITY or its designee (at the sole discretion of the CITY) has inspected and approved all such lines and the lines have received final regulatory approval from the Illinois Environmental Protection Agency, if required, and all applicable CITY and /or Yorkville Bristol Sanitary District fees have been paid. B. The sole and exclusive purpose of such connections by the OWNER and/or DEVELOPER shall be to provide sanitary sewer and potable water services to the subject TERRITORY. C. The OWNER and /or DEVELOPER shall be responsible for paying to the CITY its tap -on connection fees pursuant to the applicable CITY Ordinances in effect at the time of recording of the final plat for each phase of the development. The tap -on connection fees 11 shall be paid contemporaneously with the issuance of building permits within the TERRITORY, unless otherwise agreed to by the CITY. 11. PUBLIC IMPROVEMENTS WARRANTY. A. The CITY, once it has had the opportunity to inspect and fully confirm the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications and ordinances, shall approve all such public improvements, all in I accordance with Paragraph 10B. below, shall accept their dedication subject to the OWNER'S and/or DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvement located therein. OWNER and /or DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one (1) year after acceptance thereof by the CITY. Upon notice from the CITY, OWNER and /or DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in the event that the OWNER "S and /or DEVELOPER'S construction of any Phase of the development in the TERRIORTY is determined to have damaged any public improvements previously installed by the OWNER and /or DEVELOPER within the TERRIRRTY, then upon notice thereof from the CITY, OWNER and /or DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. B. Infrastructure (public Improvements and facilities) shall be accepted by the CITY accornidng of the CITY Subdivision Control Ordinance. 12. PUBLIC UTILITIES. The installation of the necessary and appropriate on -site electric, natural gas, cable television, and telephone services to the TERRITORY shall be by 12 underground installation and pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNER and /or DEVELOPER to permit the extension of all such utilities along existing public rights -of -way and otherwise allow the extension of all necessary utilities to the TERRITORY, provided, however, that the CITY'S agreement to cooperate with the OWNER and /or DEVELOPER to allow the extension of utilities to the TERRITORY shall in no way relieve the OWNERS and /or DEVELOPER of their obligations to obtain any and all easements and permits necessary to do so, at their sole cost and expense. The OWNER and /or DEVELOPER shall be required to locate any other existing above ground utilities underground at the OWNER'S and /or DEVELOPER'S at their sole cost and expense. The CITY agrees to consider a recapture for the costs associated with the burying of existing overhead utilities under a separate agreement. 13. RIGHT -OF -WAY DEDICATIONS AND ROADWAY IMPROVEMENTS. The OWNER and /or DEVELOPER shall dedicate or cause to be dedicated to the CITY and /or applicable agency, all necessary rights -of -way as shown on the Final Plat of Subdivision for the TERRITORY. 14. INGRESS AND EGRESS. The CITY hereby agrees to approve the proposed public right -of -way connections, in which the CITY has jurisdictional control to review and- - approve, for the TERRITORY as shown on the Subdivision Plat attached hereto. The OWNER and/or DEVELOPER acknowledge that any proposed right -of -way connections to roadways outside the jurisdictional control of the CITY shall be reviewed and approved by said applicable jurisdiction. Prior to or concurrently with any final plan or final plat review, the OWNER and/or 13 DEVELOPER shall submit written approval from the applicable jurisdiction for said right -of- way connections. 15. SIGNAGE. The CITY agrees to allow the following signage to be used in the development: A. Permanent Development Entry Sim. (i) Definition: Main monument sign at entry location as identified on the Subdivision Plat. (ii) Number: One (1). S. Temporary Sims. (i) Definition: Any sign, banner or advertisement for the development on the TERRITORY. (ii) Number: Three (3). (iii) Maximum Size: Ten feet by ten feet (10' x 10'). (iv) Removal: Said sign/s shall be removed upon completion of 85% build -out of the residential lots within the particular phase. C. Other SimVs. (i) Definition: Any flag, balloon or other advertisement device. (ii) Removal: Said sign/s shall be removed upon completion of 85% build -out of the residential lots within the TERRITORY. D. Model Home Sims: One (1) identification sign in front of each model home; a maximum of four (4) feet in height and twelve (12) square feet in size. Model home signs shall be removed upon occupying the home for normal residential use. E. No Sims in CITY Rip-ht of Wav, Permits: OWNER/DEVELOPER agrees that no signs shall be placed in CITY Right of Way, and that a permit shall be obtain (issued according to CITY's sign regulations) prior to erecting any sign. 16. MODELS, MODEL AREAS, TEMPORARY TRAILERS. 14 A. Construction. The CITY agrees to allow the DEVELOPER OR BUILDER to construct, maintain and use model home(s) during the development and build out I of the TERRITORY subsequent to final plat approval for each type of housing product being constructed in a particular Phase of the development. Each DEVELOPER OR BUILDER shall submit to the CITY for its review and approval plans and specifications for each model home(s) ' that the DEVELOPER OR BUILDER seeks to construct within the model area provided i construction of a paved surface acceptable to the CITY in order to provide adequate emergency services to and adjacent to the said model /s; and posting of the necessary surety guaranteeing public improvements. It is agreed that a model home(s) shall not be used as a model until it is connected to all utilities. In the event that the utilities are not available, the CITY shall permit the OWNER and /or DEVELOPER to install temporary electricity generators, propane gas tanks for heat and waste water holding tanks to serve the model home(s), provided that each such temporary tank shall be removed and disconnected and said model home(s) shall be connected to the utilities as soon as the utilities become available. OWNER and /or DEVELOPER shall cause the effluent within such temporary tanks to be transported, from time to time, to a receptacle designated by the CITY within ten (10) miles from the perimeter of the TERRITORY. The OWNER, DEVELOPER and /or /BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said model home(s). B. Model Area. The CITY agrees to permit in the model area, temporary fencing, lighting, signage, paved parking lots and promotional structures upon submission of I i 15 I I i appropriate plans to and approval by the CITY. Said temporary fencing shall not exceed four (4) feet in height, and be accessible for the provision of emergency services. Said temporary parking lot lighting and /or building lighting shall not generate obtrusive glare or create a nuisance for any occupied dwelling/s. Said temporary model /s signage shall be as per Section 15 of this Agreement. Prior to the CITY accepting the public improvements in the model area, the OWNER, BUILDER and/or DEVELOPER shall remove all temporary fencing, lighting, signage, parking lot/s and promotional structures. C. Temnorary Sales Office Trailer. The CITY agrees to allow the DEVELOPER or BUILDER to construct and use temporary sales office trailer(s), subject to DEVELOPER or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. In the event that the utilities are not available, the CITY shall permit the OWNER and /or DEVELOPER to install temporary electricity generators, propane gas tanks for heat and waste water holding tanks to serve the temporary sales office trailer(s). OWNER and /or DEVELOPER shall cause the effluent within such temporary tanks to be transported, from time to time, to a receptacle designated by the CITY within ten (10) miles from the perimeter of the TERRITORY. Said temporary sales office trailer shall be removed at such time as the model home(s) being served by said temporary sales office trailer are available for model occupancy. The DEVELOPER/BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary sales office trailer. D. Model Occunancv. Prior to the BUILDER or DEVELOPER occupying any model home or model unit, the BUILDER or DEVELOPER shall schedule a final inspection of said model 16 home or model unit with the CITY's Building and Zoning Department. Upon approval of said final inspection, the respective model home or model unit may be used accordingly. E. Temporary Construction Office Trailer. The CITY agrees to allow the DEVELOPER or BUILDER to construct and use a temporary construction office trailer, subject to i DEVELOPER or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than two (2) temporary construction office trailers for the development. In the event that the utilities are not available, the CITY shall permit the OWNER and /or DEVELOPER to install temporary electricity generators, propane gas tanks for heat and waste water holding tanks to serve the temporary construction office trailers. OWNER and /or DEVELOPER shall cause the effluent within such temporary tanks to be transported, from time to time, to a receptacle designated by the CITY within ten (10) miles from the perimeter of the TERRITORY. The DEVELOPER/BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary construction office trailer. F. Temporary Construction Storaize Trailers. The CITY agrees to allow the DEVELOPER or BUILDER to construct and use temporary construction storage trailers, subject to DEVELOPER or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than one (1) temporary construction storage trailer per contractor providing construction services to said TERRITORY. 17. LOT SIZES. The CITY agrees to the Sizes and Lot Widths for the land use areas identified in the Subdivision Plat attached hereto and incorporated herein as Exhibit "C ". 17 18. SETBACKS AND /OR BUIDLING SEPARATIONS. The CITY agrees to the Setbacks and /or Building Separations for the land use areas identified in the Subdivision Plat attached hereto and incorporated herein as Exhibit "C ". 19. ADJACENT FARMS. The OWNER and /or DEVELOPER of the TERRITORY acknowledge that Kendall County has a long, rich tradition in agriculture and respects he role that farming continues to play in shaping the economic viability of the County, normal agriculture practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The ONWER and /or DEVELOPER of the TERROTORY agrees to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within the Homeowner's Association Documents, Covenants and Restrictions Documents or other such documents governing the subdivision. 20. STUB STREET CONNECTIONS. The OWNER and /or DEVELOPER of the property acknowledge that roadways which do not end in an intersection or a cul -de -sac will continue to the boundary of the TERRITORY to provide for a connection with future roadways and adjacent developments. 21. FEES. DONATIONS AND CONTRIBUTIONS. A. DEVELOPER and /or OWNER shall pay fees to the CITY as set forth on the attached EXHIBIT "F ", attached hereto and incorporated herein. The OWNER and/ DEVELOPER shall pay such fees in effect at the time of the recording of the Final Plat for each phase of the proposed development, provided the OWNER and /or DEVELOPER receive written notice of any changes or proposed changes to the fees and that changes shall not take effect within 18 the TERRITORY for one - hundred - eighty (180) days from the date of any such notice. OWNER and /or DEVELOPER may pre -pay any fee proposed to be changed which shall freeze said proposed fee increase and not affect the TERRITORY. B. No contribution of land for school purposes shall be required of OWNER and /or DEVLOPER as a result of the development of the TERRITORY. In lieu of the contribution of land, OWNER and /or DEVLOPER agrees to pay to the CITY for distribution by the CITY to the School District, as OWNER and /or DEVLOPER's sole and exclusive contribution for school purposes as a result of the development of the TERRITORY, the sum of $4,780.50 per residential dwelling unit regardless of the number of bedrooms contained in each dwelling unit (hereinafter referred to as the "School Contribution "). Payment to satisfy a cash contribution shall be payable to the School District at the time of issuance of a building permit for each dwelling unit, unless otherwise agreed to herein. C. No contribution of land for parks shall be required of OWNER and /or DEVLOPER as a result of the development of the TERRITORY. In lieu of the contribution of land, OWNER and /or DEVLOPER agrees to pay to the CITY for distribution by the CITY to the Parks Department, as OWNER and /or DEVELOPER's sole and exclusive contribution for park purposes as a result of the development of the TERRITORY, the sum of $3,000.00 per residential dwelling unit regardless of the number of bedrooms contained in each dwelling unit (hereinafter referred to as the "Park Contribution "). Payment to satisfy a cash contribution shall be payable to the Parks Department at the time of issuance of a building permit for each dwelling unit. 22. CREATION OF HOMEOWNER'S ASSOCIATION AND DORMANT 19 SPECIAL SERVICE AREA. OWNER and /or DEVELOPER shall create a Homeowner's Association that will be responsible for maintaining all common areas of the development, unless the same are accepted by the CITY. The OWNER and /or DEVELOPER shall further provide for the creation of a back -up "dormant" Special Service Area Tax for maintenance of said common areas and for the TERRITORY prior to or concurrent with the recording of the first Final Plat of Subdivision for the development. 23. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The CITY agrees to issue within five (5) business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. The CITY agrees to issue within five (5) business days after receipt of application to the CITY Building Department certificates of occupancy or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not be obligated to issue a certificate of occupancy for any residential unit constructed within the TERRITORY until the unit for which a certificate of occupancy is being sought is connected to and capable of being served by sanitary sewers, storm sewers, water mains, public streets, natural gas lines and electric utilities, and is in conformance with the CITY'S Building Codes. The above notwithstanding, CITY agrees to issue conditional occupancy pen in g� �' p Y er p 20 II the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks, driveways, and required landscaping. The developer of the lot shall post a financial guarantee to cover the costs of said improvements not covered under the Surety submitted as provided in this Agreement. The CITY shall not limit the number of certificates of occupancy or the time of issuance of Certificates of occupancy during the term of this Agreement. 24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by the OWNER and /or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY, including, but not limited to those required from the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency, the Army Corps of Engineers and the Federal Emergency Management Agency. The CITY further agrees to reasonably cooperate with the OWNER and/or DEVELOPER in obtaining all other permits and approvals required by the County of Kendall and other governmental units in connection with the contemplated development of the TERRITORY. 25. GOVERNING LAW; ENFORCEMENT; REMEDIES. A. The laws of the State of Illinois shall govern the validity, performance and enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure the specific performance of this Agreement, or to secure any and all other remedies available at law or in equity in connection with, the covenants, agreements, conditions, and obligations contained herein. Venue for any action is in the Circuit court of Kendall County, Illinois. 21 B. In the event of a material breach of this Agreement, the Parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, any breach by the OWNER and /or DEVELOPER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or 30 day delay. C. In the event the performance of any covenant to be performed hereunder by either OWNER and /or DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case) the time for such performance shall be I , extended by the amount of time of such delay. D. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes, all prior agreements and negotiations between the parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the parties relative to the subject matter hereof, and there are no promises, 22 agreements, conditions, or understandings, either oral or written, express or implied, between or among them, other than are herein set forth. B. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them or their successor in interest or their assigns. 27. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of, and be valid and binding upon, the OWNER and /or DEVELOPER, their successors and assigns, and is further intended to be binding upon each successive lot owner of the various lots of record created by the approval and recording of the final plat. 28. SEVERABILITY. Should any provision of this Agreement, or application thereof to any party or circumstance, be held invalid and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision, then all remaining provisions shall remain in full force and effect. 29. TIME. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto. 30. NOTICE. All notices, elections, and other communications between the Parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the parties at the following addresses, or at such other address as the parties may, by notice, designate: If to the CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 23 With a copy to: United City of Yorkville Attn: City Attorney 800 Game Farm Road Yorkville, IL 60560 If to the OWNER and /or DEVELOPER: Corneils Crossing, LLC Attn: James Menard 535 Goldenrod Drive Oswego, IL 60543 With a copy to: Rathje & Woodward, LLC Kevin M. Carrara, Esq. 300 East Roosevelt Road, Suite 300 Wheaton, IL 60187 Notices shall be deemed received on the third business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. 31. CORPORATE AUTHORITIES. The parties acknowledge and agree that the individuals who are members of the group constitute the Corporate Authorities of the CITY are entering into this Agreement in their capacities as members of such group and shall have no personal liability in their individual capacities. 32. AGREEMENT. This Agreement or any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties hereto, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes, This Agreement may be amended by the CITY and the owner of record of the TERRITORY as provisions applying exclusively thereto, without the consent of the owner of portions of the TERRITORY not 24 effected by such amendment. 33. ANNEXATION CHALLENGE. If for any reason and at anytime, the annexation of the TERRITORY to the CITY or the terms of this Agreement is legally challenged by any person or entity by an action at law or in equity, CITY shall: (1) cooperate with the OWNER and DEVELOPER in the vigorous defense of such action through all proceedings, including appeals; and (2) take such other actions as may be then or thereafter possible pursuant to the Illinois Municipal Code to annex the TERRITOTY and /or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and /or effected under the terms of this Agreement. (REMAINDER OF THIS PAGE PURPOSELY LEFT BLANK) 25 i IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE; an Illinois municipal corporation: I I BY Mayor ATT ty erk OWNER AND /OR DEVELOPER: CORNEILS CROSSING, LLC BY: James Menard, Manager �I I ?,6 i i I SCHEDULE OF EDITS EXHIBIT A: LEGAL DESCRIPTION EXHIBIT B: PLAT OF ANNEXATIOJN EXHIBIT C: PRELIMINARY PLAT OF SUBDIVISION EXHIBIT D: PLAT OF ZONING i EXHIBIT E: LETTER OF CREDIT EXHIBIT F: SCHEDULE OF FEES I I i 'I �` c/flrJlj `i4 H LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9 AND PART OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 9,165.06 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH 89° 05' WEST ALONG SAID SOUTH LINE, 409.19 FEET; THENCE NORTH 00° 06' 13" EAST, 1321.98 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER, 574.14 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER QUARTER; THENCE NORTH 89° 09 EAST ALONG SAID NORTH LINE, 574.14 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 06'13" WEST ALONG SAID EAST LINE AND SAID EAST LINE EXTENDED, 1409.03 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 40° 50' WEST ALONG SAID CENTERLINE, 24.38 FEET; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 192.77 FEET, A DISTANCE OF 168.5 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 9,165.06 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH 89° 05' WEST ALONG SAID SOUTH LINE, 109.77 FEET; THENCE NORTH 02° 05' EAST, 346.20 FEET; THENCE NORTH 89° 05' EAST, 261.96 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 06'13" WEST ALONG SAID EAST LINE AND SAID LINE EXTENDED, 433.55 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 40° 50' WEST ALONG SAID CENTER LINE, 24.38 FEET; THENCE WESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 192.77 FEET, A DISTANCE OF 168.5 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. (CONTAINING 15.354 f ACRES) I , II PLAT OF ANNEXATION Exhibit RIK 02- 09 -.Y10 -010 TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS OF PART OF THE SOUTHYEST OUARTER OF SECDON 9 AND PART OF THE NORTNxEST DUARTER OF SECDON 16, TOWSHIP J7 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (CONTAINING 15.580 1 ACRES) EXISTING CITY LIMITS•, N 89"04'05' E p ef�7s E srau / 7 / 574.58' Scale 1" 60' . Fi iii FF Fii FFF �i F ii F F/F i i �/ / //' iFi /iii ii�Fiiiiiii. o x' so• ITO' x ronrJS• r JI.ls / ..� l.. N e N er SWM 11L 6 NL SWMeESr WAxlpf Q ffCOw !. f09N51P n,IVlm xAbYC , rASr rc mr , i mA0 PATGPN YxIDI.W SWM 89MW' ESr mm. 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I OfAER / OEHIa4R: axwlnlw4' p "° I ' „ &c JAC06FR ASSOC _ MI. P..9.1<a: Na. is. xtw I r1la,>:• (0.5) cef -MNf ue ��w1im. : swm I I' • ao' rl�': ° �.I oP IRM. E.AUtos rv: rolsl PLAT OF ZONING Exhibit ° I)"" PEN 02 - 09 - 300 - 010 OF PART OF THE SQUrHNEST QUARTER OF SECRON 9 AND PART OF THE NORTI4KEST QUARTER OF SECBON 16, TOINISHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWS BRISTOL, HIP OF BRIST, KENDALL COUNTY, ILLINOIS (CONTAINING 15 580 3 ACRES) N 8904 '05' E nr I9m•zs• r n1 H7 574.58" \ x unrJS• r 9C n J.'. wmrnmmmd Scale I" - 60" sold I F rc n[ s ro mm" I F gcnM Y ronRSw » Amw RAI,q r usr or R[ 1� KNIpLL IFldo'Ax SMM I9n5'M ESr (9OMI ODORS REEVO KOMIAAM n m I yLy q S �i N R' ZON I N G jppSEp /� A C R ES —6 PR G 15.50 CpN p P 0 0 2 3 ' ,-, wAr PMi tr n[ sanxrsr aMNr or ' 5[COM 9 Am PMr 6 OE IgROlIIFSr qI a' T w 14 l) A1Ni RAAYr 9 3 EAS EL nE IEC v t At A Al L r Of I As A W E Ary 1. 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P.C. .1, P ONO rlP� red: 6er a coos 759 paumll Ra, aul,e 100 3 a Wn " k: I 1 K tl0 -w2 au NOD_ EXHIBIT "E" (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 $ , which represents 110% of the cost of the improvements described herein. Such credit is available to be drawn upon by said City upon presentation to this bank of your demand for payment accompanies by a copy of this Letter of Credit. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following land improvements in the aforesaid subdivision: DIVISION "A" - SANITARY SEWERS (engineer's estimate = 1 DIVISION "B" - WATER MAIN (engineer's estimate = 1 DIVISION "C" - STORM SEWERS (engineer's estimate = 1 DIVISION "D" - STREETS (engineer's estimate = 1 DIVISION "E" - DETENTION BASIN (engineer's estimate = 1 DIVISION "F" - MISC. IMPROVEMENTS (engineer's estimate = 1 Total engineer's estimate = The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate. The development is legally described as follows: See Attached Exhibit "A" Said public improvements shall be constructed by our customer, in (subdivider) accordance with the plans, specifications, completion schedules and cost estimates prepared by (subdivider's engineer) The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the p ans, plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on , 20 provided, however, the undersigned shall notify the City 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 event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until .20 —, without regard to (expiration date) any default in payment of money owed to the issuer by our customer and without regard to other claims which the Issuer may have against our customer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration date by submitting a new Letter of Credit to the same form and substance as this Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. It is agreed that the following shall be considered a default by our customer and shall entitle the City to make demand on this Letter of Credit: 1. that said Letter of Credit will expire within thirty (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 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 parties; or 6. that if more funds are disbursed at this time on order of the owner and /or subdivider insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the owner and/or subdivider has been notified that the municipality finds that a breach of the owner's and/or subdivider's obligations has occurred and 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 engagement between this financial institution and the City and is not subject to instructions from our customer. It is recognized that the City has directed our customer to proceed with the construction of public improvements upon the guarantee of this irrevocable commitment. It is further acknowledged that the consideration for this irrevocable commitment is provided by agreements between this financial institution and our customer. This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Issuer and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Demands on this Letter of Credit shall be made by presenting the Issuer with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk of the City of Yorkville certifying the basis for the default and demand on this Letter of Credit. The undersigned agrees that this Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Letter of Credit may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance of this Letter of Credit shall not be reduced to less than 15% of the approved engineer's estimate upon which this Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Letter of Credit has been released by the City Council of the City. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The undersigned further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Letter of Credit in accordance with its' terms. 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 presentation to us prior to expiration of this Letter of Credit. BY: ATTEST: Name: Name: Title: Title: STATE OF ILLINOIS) ) SS COUNTY OF I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that personally 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 Letter of Credit as such and (title) (title) 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 CORNEILS CROSSING - Exhibit F FEES PER UNIT A paid receipt from the School District Office, 602 -A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville - Bristol Sanitary District fee - made payable to Y.B.S.D. $1,400 United Citv of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Aft N/A 3. Water Meter Cost Detached Units $250 Attached Units N/A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks /Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol - Kendall Fire $1,000 Development Fees Total $2,800 see note 8. Land Cash Fees "a" below Apartment Townhome Duplex Single Family Park N/A N/A N/A $3,000.00 School N/A N/A N/A $4.780.48 Land -Cash Fees Total $0.00 $0.00 $0.00 $7,780.48 9. Road Contribution $2,000 10. County Road Fee see note "b" below $1,549 11. Weather Warning Siren Fee see note "c" below $75 per acre Note: PUD agreement specifies that these fees are to be discounted a. For upfront land -cash donations figures, please refer to "Land- Cash" worksheet b. County Road Fee will escalate on a per year basis, as outlined within the policy approved by City Council c. Weather Warning Siren Fee is to be paid at time of final plat.