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Ordinance 2006-049 200600022268 Filed for Record in STATE OF ILLINOIS ) KENDALL COUNTY? ILLINOIS )ss 07 -24 -2006 At 03:15 an. COUNTY OF KENDALL ) ORDINANCE 63.00 RHSF Surcharge 10.00 ORDINANCE NO. 2006- Q AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Hudson Lakes) 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 p roperty 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 v� VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day o , A.D. 2006. MAYOR Page 2of3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day ogz A.D. 2006. ATTEST: 1 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 ) ANNEXATION AGREEMENT OF KENDALL CREEK DEVELOPMENT, LLC AND THE UNITED CITY OF YORKVILLE (HUDSON LAKES SUBDIVISION) This Annexation Agreement (hereinafter "Agreement "), is made and entered into this V� 2006, by and between the UNITED CITY OF YORKVILLE, a munk4A corporation, hereinafter referred to as "CITY ", and the owner of record KENDALL CREEK DEVELOPMENT, LLC, (Hereinafter "OWNER "). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 141.3 acres, more or less (hereinafter "PROPERTY "); and WHEREAS, it is the desire of OWNER 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 to provide that when said PROPERTY is annexed zoning will be granted at that time as an R -2 Single Family Residence District; and WHEREAS it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances; 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 of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R -2 Single Family Residence District, as set forth in the Preliminary Plat attached hereto and incorporated herein by reference as Exhibit "B "; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11- 15.1 -1 through 15.1 -5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11- 15 -1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7 -1 -1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R -2 Single Family Residence District. B. The CITY and OWNER agree that the PROPERTY shall be developed in compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. Preliminary Plat. The CITY hereby approves the Preliminary Plat attached hereto as Exhibit "B ", prepared by Smith Engineering Consultants dated November 18, 2005 and bearing a revision date of February 15, 2006. 2 I 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER shall cause the PROPERTY 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 PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville- Bristol shall be carried out in compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with 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 Yorkville - Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by OWNER for each Phase of Development which are eighteen (18) inches or more in diameter ( "Large Lines ") shall be conveyed to Yorkville - Bristol, subject to their approval, , and the sanitary sewer lines which are less than eighteen 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 city's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Southeast Interceptor is available at the property line of the PROPERTY. The OWNER agrees to cooperate with the City regarding the Southeast Sewer Interceptor project. The OWNER shall provide a letter from the Raintree Village Developer agreeing to allow the OWNER to temporarily connect to the Raintree Village Sewer System that is tributary to the Commonwealth Edison interceptor. The total flow combined from the Prestwick of Yorkville and Hudson Lake developments via the temporary lift station to Raintree Village cannot exceed 460 single- family homes. Build -out of Hudson Lakes beyond that number will need to wait until connection is made to the future Aux Sable Creek sanitary pump station. The build -out of Hudson Lakes Subdivision beyond that number will be permanently connected to the southeast interceptor at the OWNER'S expense. The OWNER will not receive any credit for the cost of work related to temporary sanitary connections. In the event the OWNER advances the cost for the design work necessary for the southeast interceptor, the City would credit the OWNER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the tirne that those sewer connection fees would be due. 4. WATER. The CITY shall provide adequate potable water in sufficient quantities and pressure to serve the -needs of the PROPERTY. One of the potable water connections will occur near the northwest corner of the property at the eastern edge of the development commonly known as Raintree Village. The OWNER agrees to provide easements for water utilities as may be necessary. The OWNER may be required to install in -house PRV's until the new pressure zone is established and is required to remove said PRV's once the new pressure zone is established. The OWNER may be required to provide an easement on the property at a 3 location to be deterniined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. ! A. The OWNER shall pay fees as described in Exhibit "C ". These fees specifically include but are not limited to School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by OWNER to the Yorkville Community School District #115; City Development fees per residential dwelling unit; the per unit Municipal Building Fee; City Road Impact Fee; Kendall County Transportation Development Fee; Fire District Fee; Library Fee; as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, City Land -Cash Ordinance, and other such fees w ith the City Ordi d f i i to the CITY in conformance w an s or as modified time to time �' I herein. Said Transition, Development, and other fees shall be paid per single - family residence at the time of application for the issuance of each respective single - family building permit. However, OWNER may, at its sole discretion, prepay any required fees. Said fees are being paid voluntarily and with the consent of OWNER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein and attached as Exhibit "C" voluntarily. B. The City and School District donations shall be as follows: I 1. OWNER agrees to dedicate to the City a Site at the location and acreage amount as shown on the Preliminary Plat attached hereto and incorporated herein by reference as Exhibit "B ", for which OWNER shall receive a park donation credit in equal amount to the park site and proposed trail system. 2. OWNER agrees to dedicate to the City Yorkville Community School District #115 a School Site at the location and acreage amount shown on the Preliminary Plat attached hereto and incorporated by reference as Exhibit "B ", for which OWNER shall receive a school site donation credit equal to the amount of the school site. 3. CITY agrees to accept ownership of and to maintain the proposed trail system within the PROPERTY as described by Exhibit "D ". 4. 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. 5. Any contributions for Land /Cash for Schools and /or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value. D. [Intentionally deleted] E. Upon annexation, police protection, 911 service, and library service will be 4 provided by the City. F. [Intentionally deleted] G. The OWNER shall find the construction of traffic signals at the Route 126 and Penman Road intersection. A bond in the amount of 110% of the estimated cost of engineering the traffic signal shall be deposited with the CITY prior to Final Plat approval of the first phase of the development to be recorded. The owners of each residential lot within the Hudson Lakes Subdivision shall pay their proportionate share of 110% of the estimated cost of the entire construction of the traffic signal improvement to the CITY at the time of application for the issuance of a building pen Proportionate share, for the purposed of this paragraph, shall be calculated by dividing 110% of the estimated cost of construction of the traffic signal improvement by the total number of approved residential lots within the Hudson Lakes Subdivision. Final construction of the signal is subject, to IDOT warrant and approval of the signal. H. The CITY shall not require the OWNER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. I. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit "C" attached hereto and incorporated herein.by reference. i 6. SECURITY INSTRUMENTS. 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 and as long as said instruments meet the CITY requirements, 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 OWNER shall have the sole discretion 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 (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. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and /or bonded as independent Phases of Development as mutually agreed upon by the OWNER and the CITY. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD 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 5 Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following OWNER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his { recommendation to the City Council not later than thirty (30) days from the date of OWNER'S request for approval of any public improvements. 8. OVERSIZING. In the event OWNER is required to oversize and /or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER within 30 days of any other parcel of real property connecting to said improvements, for OWNER'S costs of oversizing said lines including costs for deepening said lines. In the event OWNER seeks said reimbursement, the parties agree separately that a Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. In the event any said oversizing is required, the CITY and OWNER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of tirne after those costs are ascertained. The Recapture Agreement shall not include the cost of any OWNER oversight of construction. OWNER agrees to hold the CITY hannless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the City's International Standards Organization (ISO) insurance rating), 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 if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after 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 OWNER during said five (5) year period. Any Agreements, repeal, or additional regulations that are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said five (5) year period. 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 on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures 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. 6 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 superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, 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 superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at OWNER's sole cost. Notwithstanding any of the terns or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the city's Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent OWNER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist frorn time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then OWNER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and /or codes to the PROPERTY and any parcel or phase thereof. OWNER and all successor owners of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions and /or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 10. RECAPTURE. See Paragraph 8 above. 11. FEES AND CHARGES. 7 I During the first five (5) years following the date of the Agreement, the CITY shall impose upon and collect from OWNER, and their respective contractors, only those permit, impact, 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 "C ". At the expiration of this five year term, the CITY shall give the OWNER 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. 12. PROJECT SIGNS. 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 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. 13. MODEL HOMES, PRODUCTION UNITS. SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), OWNER, and such other persons or entities as OWNER may authorize, may construct, operate and maintain model homes and sales' trailers within the PROPERTY staffed with 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. Off- street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off - street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off - street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off - street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home /sales trailer capable of parking three (3) cars outside of the adjacent road right -of -way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood unit, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water 8 system and sanitary sewer system needed to service such dwelling unit are installed and operational. 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 pen 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. 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 PROPERTY as required and approved by the OWNER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy j permit for the PROPERTY. A building perm it 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 or permanent easements. 15. ONSITE EASEMENTS AND IMPROVEMENTS. A. In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and /or underground lines require relocation to facilitate the completion of OWNER's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall frilly 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 Plan and in this Agreement, the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER, the CITY 9 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 run project. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to whether the utility lines will be buried or re- located overhead. B. The CITY agrees to allow the following deviations from CITY standards: 1. Allow up to 435 feet of bounce in any retention /detention basins; 2. Allow up to 2.30 feet of bounce in any retention /detention basins between the normal water level and high water level corresponding to the Ten -Year Frequency Storm; 3. Allow reduction in the minimum size of retention /detention basins to 1.17 acres; 4. Allow all slopes pertaining to retention /detention basins adjacent to single family home lots to be 5:1 (20 %) from high water to normal; 5. Allow all slopes pertaining to retention /detention basins not adjacent to single family home lots to be 4:1 (25 %) from high water to normal; and 6. Allow reduction in the minimum buffer area for retention /detention basins to twenty (20) feet from a single family lot property line. The areas affect by the requested deviations are identified on attached Exhibit "E". C. 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 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. However, OWNER shall not be required to grant any of the above referenced easements if those easements extend beyond the building setback lines on any residential lot identified on the preliminary plat or preclude the use of any residential lot for residential purposes. This obligation shall not extend to or be binding upon any subsequent purchasers of any of the lots. D. 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. However, OWNER shall not be required to grant any of the above referenced easements if those easements extend beyond the building setback lines on any residential lot identified on the preliminary plat or preclude the use of any residential lot for residential purposes. This obligation shall not extend to or be binding upon any subsequent purchasers of any of the lots. 16. MASS GRADING AND PLAN REVIEWS. A. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow OWNER to cormnence earth work after the permit is issued and after OWNER posts 10 i any necessary bond for said work with the CITY prior to the commencement of said earth work. OWNER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinance. B. The CITY shall review all grading and construction plans within 30 days of their submittal to the CITY. 17. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the OWNER of the PROPERTY and /or future owners and /or developers of the PROPERTY. j Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail /return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney John J. Wyeth 800 Game Farm Road Yorkville, IL 60560 OWNER: Kendall Creek Development, LLC 16501 South Parker Road Homer Glen, IL 60491 OWNER'S James 01guin ATTORNEY: Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd. 835 McClintock Drive, Second Floor I1 Burr Ridge, Illinois 60527 -0860 Telephone (630) 655 -6000 Facsimile (630) 655 -9808 20. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 22. 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 and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of 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 residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms and Conditions. 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, 12 and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. I �I D. Severabilitv. This Agreement is entered into pursuant to the provisions of Chapter 65, See. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. 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 PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. 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. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the 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. H. 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 OWNER. 1. Captions and Paragraph Headinas. 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 OWNER'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. 13 M. 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. N. Exculoation. 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, and OWNER, including, but not limited to, county, state or federal regulatory bodies. 23. 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 fanning purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Att ' oar �I CL ' RECORD OWNER: KENDALL CREEK DEVELOPMENT, LLC BY: MALLARD DEVELOPMENT COMPANY, Manager BY: � 3 lfichael J. Harper, President 14 i EXHIBITS i EXHIBIT "A" Legal Description of Property EXHIBIT "B" Preliminary Plat EXHIBIT "C" Fee Schedule EXHIBIT "D Trail System Maintained by City EXHIBIT "E" Area of Deviation from Standards 15 EXHIBIT "A" TO ANNEXATION AGREEMENT FOR THE HUDSON LAKES SUBDIVISION i I L id,. pffiotN- I I .A 7HAt PARr Or )W WST AW OF SEMN !G, 70~ 39 NOiR74 RAND' rr &W OF 7W VM SAL MM^ MMW AS FMONSr CA EENM AT W SOMKST COMM OF SW NOW MW NORTH O PER= W LIMNS V SEM NEST AL(M PE MESr LW OF SW WCWHo ?MR FEFr M TW NWW LW AF BE SW 7H NuoLF OF 7FL£ =7H MW or JW NE7M Wr of 7W SOL rOT "W? Off` &W ,M71GNY ANO 7tE: PMT (r &MOM 7tLrJIW COMM NOR7H D "OWS 04 AM= El SEMW MT A40M►O 714BL" Mme" 1W OF W =MW R^fir 1= 7� NORTH' 08 WOM JB MWW 4 SEMN Mr Z6' W FEET M 7WEAST W OF NX NpR1hI =T Q MMY ar MV 59 =ft 7nzpj ` SYv?w O Dfam tip o wns ro wcom ow ALow ve EASr LSE` or w mwvo 5r amaw AAA vc wr J - W WE. SOU NKST IJtldRlk�t_;?',KiB.S'!Y FEET 70 YW ARM LAW OIL THE SIXTH MLdF` OF 77#' SWW t,G�tF' AF WN N01 W XW OF SWIH� LNtAR7ER. NOW i7H 00 "M 56 AMMS N SEE1 W WTALONC SAID MW IN Lam` ".60 #EEr 777 THE PMT OF DEMM4 IN 7W 717NNSW +OIF )VM4 KENM +C MIY, E i i PRELDIINARY PLAT MM ENGHHrRMG CONSULTANTS. INC rnaAw.LaD4LL ICI® Ym AMAICAe HUDSON LAKES SUBDIVISION UNITED CITY OF YORKVILLE, - � KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS LOC,47laV MAP S SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST AWA EXISTING ZONING - (KENDALL COUNTY, A -1) 10 >� PROPOSED ZONING - (CITY OF YORKVILLE, R -2) �° 'r PLAT PREPARED FOR: KENDALL CREEK DEVELOPMENT, L.L.C. sw AMrL1[ W ., 9009 ROUTE 126, UNIT B YORKVILLE, ILLINOIS 60560 ' OP•FICE: (630) 882 - 8800 I FY. a A1 A 1� j FAX: (630) 882.8807 PROJECT CONTACT: I �1•�e3A -- MR. DAVID KNOTT I ;� (708) 606 -7220 MR. DAN HARPER AT cr (708) 473 - 7640 6N°r " w 'zc r AlL p1 0'_7 J • L �, 1 Io RANIHC MULE _ .... 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IR I I i i I I i I H 11 H 11 11 i i ae O �����h��i:� �-. n. n.^. w_ �yg: op:__. a.. .....dX6aaagRnnn.........:R6daa qXa Rn.:..:X:... ^��nn ^CCa -.... ----------------------------------------------------------------------------- ----- K mol b —i -------------- � L, Z,w no -- EW Mok"FIF i C -- . 9 I M Q 5 5 i0 "5 9 Mi I RIM .... .......... . k 5 a a 3O.W.0 0 200a ca 0 SEES ME 1SMEO 61H 0 Hs - H H'.2 "Ho HOM 060 URM I 52HM CEO BO 11,01""i 1. — - — - — ------- — ------------ ---- -- --------------- -- - - -- - — — ---- ----- - — — — r r �� e ��n�l L ---- L L *' I H I qMISIMOMNOI —P-H 1P-19 6KOGOkGOOMW-sm-n:A 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 4 Yorkville Bristol Sanitary District Infrastructure Fee $3,523 per acre Paid for entire development, at time of sanitary district $650 + $,0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit Building Permit 7 Water Meter Cost (not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works (Development Impact Fee) $700 per unit Building Permit 11 b Police (Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as $5,509 per unit if paid at time of see "time of permit, or $3,288 per unit if paid at time of final plat for all units In the entirety 11 c Municipal Building (Development Impact Fee) payment" of the annexed development. 11d Library. (Development Impact Fee) $500 per unit Building Permit 11a Parks and Rec (Development Impact Fee) $50 per unit Building Permit 11f Engineering (Development Impact Fee) $100 per unit Building Permit j 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 $2,000 per unit Building Permit $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75% of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25% of Approved Engineer's Estimate of Cost of Land 18 Engineering Review Fee Improvements Final Plat EXHIBIT a .9 SMITH ENGINEERING CONSULTANTS. INC. GVGJSTNICMAL�e� .1N0 S9eVN005 ii RAINTREEI VILLAGE FUTURE SCHOOL L-L COMMUNITY PARK PARK !� �s �.a.j @ a' / I i I i \i / � EXPANS ON / `` I I�I; I �_ �• TO kWOOL SrTE. . < RAIN \ T RE E E VILLAGE 1W I �;`I` —'—_ 10\FT. F.!ff•A tabbler ulfl !L A fj I A O L h Qo: 0 E lll� ' � II --- _+�i I 4 :�1 � ,��; :. , �, • ,� • r i I . .I i X WINDETT I�`fi `I�� � I �;� I ��III�- -} -,. �, 77 - HUDSON LAKES SUBDIVISION RIDGE YORKVILLE. ILLINOIS V�: �Q __.,. � � � BIKE PATH EXHIBIT I��` ' R ,wri 5 � ' I � �, `, �': 11 .. .. t _ _— ._....... DXA� �lE� P�0.�IECT �0. CHEaQD eK m I vml i - EING CONSULTANTS, INC. SMITH EM G�WE,m.w,w at'M�Rwec�c� eNn mavc,ms RAINTREE v%m ou rxor,� omoN nw � VILLAGE) P � FUTURE SCHOOL ^� IT COMMUNITY PARK / \EXPANS ON i' l I •�\ c� %j ffjj _ R A I N TR E El - I; �-,, ; - - •. � . �: & / VILLAGE li lt tabbies' ' yKit : • ',` '' , X A ICI -rte NSA - ^•• ✓ 4 � ��� 71> t../ � eta: -'` .... -.t. Tw / / % `/ ' \t ` j �'\ \'e•L �< n' ee°�\ ,l`t13ggI \' w` ' / ' >e,•+ i _ ' AREA OF DEVIATION FROM PARK DEVELOPMENT f l � \• �� ��' \ �" - \ �"� \\ �" '� \A l /� �! - - -_' I' I ! - STAMAl2DS AS DESMOM IN AWEXATION AG12EEMEM I y ! /�• �' ) " ! I i III --- (SECTION ISE, ITEM 95) 1 i.. I AREA OF DEVIATION FROM PA DEV ELOPMENT AS T STAND D _ li i _. I�I i�__p °ii�lt I hII'I�, ' t\,• Q�,�ttl,� /� } �, p,/ "°!—....�. i - i �� � A AGREEMENT IN (SECTION Ise. ITEM *-4) �III, i jlll�l � III i VII ! � g���� /, WINDETT {I, I,;� I �� I;.I, � HUDSON LAKES SUBDIVISION RIDGE I ' YORKV1U -E, ILLINOIS POND DEVIATION EXHIBIT "E" I ! •{ \ Y / t r NO. 110 N 4 do tr . -, _. un+ots oR aa� as n i E 'as P a3 X j 1 r UE9 o m aT. MOrtR xNC 91EET i1 _, I ws •,ee y t n p1EEJ® BM MT. xJ1C 7 ' i ONS N6vE ,