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City Council Minutes 2016 02-09-16 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,FEBRUARY 9,201 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. City Clerk Warren called the roll. n Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Frieders Present Funkhouser Present Ward IV Tarulis Present Teeling Present Also present: City Clerk Warren,City Attorney Orr,City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,EEI Engineer Sanderson,Community Development Director Barksdale-Noble,Director of Parks and Recreation Evans,Planner Heinen,Administrative Intern Kathman QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. n PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS Kelly Helland,representing Ben and Regina Moe 415 Walnut Street,Bart Wheelson 417 Walnut Street, and Scott Flynn,and Paula Corbin 419 Walnut Street,has filed written legal objections to be entered into the minutes regarding the proposed GC Housing Development.Additionally,Hartley Pierson,as would Ben and Regina Moe,request to submit a petition of signatures of Yorkville residents in opposition to the GC Housing Development.Mrs.Helland stated that her clients do not object to senior housing or the rezoning of the property for R2 or R3 zoning designation.Her clients contention is that the subject site as proposed is too intense and too high.Mrs.Helland discussed the issues that the Council should consider when rezoning a property for the greater good of the community. She made reference to comparing this property to the Hampton Inn in Yorkville.Mrs.Helland made reference to a similar four story property in Glendale Heights and its impact on the community. She also stated additional concerns of her clients. Mrs.Helland stated her clients do object,as tax payers,to the proposed rent assistance program in tonight's agenda that wasn't on the agenda previously.Her clients herby request that the Council deny the variance request,rezoning request,rental subsidies request,and request to approve the development agreement that has been presented. Karylin Clevenger,Kendall County Information&Assistance Specialist,spoke as an advocate for supporting the senior housing project. Jesse Alaniz,Colonial Parkway,offered a commentary on the affect of burdensome Governmental taxing and regulations on seniors.He challenged the Council to name any action it has taken to reduce these burdens on the seniors of this community.He is not in support of the changes necessary to proceed with the housing development. Scott Flynn,recognizes the benefits of the location with its proximity to the goods and services for the seniors.He questioned why this project couldn't be moved to a location just north and west in an area properly zoned.Mr.Flynn stated the rezoning of Rl property to R4 could set a dangerous president for the City and he asked the Council to do what is best for the City in the long term. CONSENT AGENDA 1. Ordinance 2016-13 Amending the Requirements for Tattoo and Body Piercing Establishments- authorize Mayor and City Clerk to execute.(ADM 2016-06) The Minutes of the Regular Meeting of the City Council—February 9 2016—Page 2 of 4 2.Resolution 2016-05 Authorizing the Closing of the City's Illinois Funds E-Pay Accounts-authorize Mayor and City Clerk to execute(ADM 2016-07) 3. Ordinance 2016-14 Providing for Issuance of United City of Yorkville,Kendall County,Illinois Special Service Area Numbers 2005-108 and 2005-109 Special Tax Refunding Bonds, Series 2016- authorize Mayor and City Clerk to execute(ADM 2016-08) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Kot; seconded by Alderman Milschewski. Motion approved by a roll call vote.Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye,Tarulis-aye,Frieders-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1.Minutes of the Regular City Council—January 12,2016 2.Minutes of the Regular City Council—January 26,2016 Mayor Golinski entertained a motion to approve the minutes of the regular City Council meetings of January 12,2016 and January 26,2016 as presented. So moved by Alderman Tarulis; seconded by Alderman Milschewski. Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were$642,565.14. REPORTS MAYOR'S REPORT Ordinance 2016-15 Amending the Number of Members of the Plan Commission (CC 2016-08) Mayor Golinski entertained a motion to approve an ordinance amending the number of members of the plan commission and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Alderman Colosimo appreciates Mayor Golinski taking this step to put this ordinance on the agenda. Mayor Golinski stated an ad will be placed in the newspaper to advertise for a new Plan Commission member. Motion approved by a roll call vote.Ayes-8 Nays-0 Milschewski-aye,Teeling-aye,Koch-aye,Kot-aye, Frieders-aye,Tarulis-aye,Colosimo-aye,Funkhouser-aye Kennedy Road ITEP—Shared Use Path-Amendment to Extend Ending Date (CC 2016-09) Mayor Golinski entertained a motion to approve an amendment to extend the ending date for the Kennedy Road I TEP-shared use path and authorize the Mayor to execute. So moved by Alderman Milschewski; seconded by Alderman Teeling. Motion approved by a roll call vote.Ayes-6 Nays-1 Present-1 Teeling-aye,Koch-aye,Kot-aye,Frieders-aye, Tarulis-present,Colosimo-nay,Funkhouser-aye,Milschewski-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. n PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Community Apiary at Bridge Park CC 2016-10 The Minutes of the Regular Meeting of the City Council—February 9.2016—Page 3 of 4 Alderman Frieders made a motion to approve the instillation of a community apiary at Bridge Park; seconded by Alderman Kot. Alderman Funkhouser,Director of Parks and Recreation Evans,Alderman Frieders,and Mayor Golinski discussed the details of an Apiary at Bridge Park. Motion approved by a roll call vote.Ayes-8 Nays-0 Koch-aye,Kot-aye,Frieders-aye,Tarulis-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye PLAN COMMISSION GC Housing Development,LLC—Senior Independent Living Facility—Property Located at the Northeast Corner of Walnut and Freeman (PC 2015-16 and ZBA 2015-06) a.Ordinance Approving the Rezoning to the R4 General Multi-Family Residence District of the Property Located at the Northeast Corner of Walnut Street and Freemont Street b.Ordinance Granting a Variance to Increase the Maximum Permitted Number of Dwelling Units Per Acre for the Property Located at the Northeast Corner of Walnut Street and Freemont Street c. Ordinance Approving a Development Agreement Between the City and GC Housing Development,LLC d.Ordinance Approving an Agreement Between the City and GC Housing Development,LLC Providing for a Housing Assistance Program e.Ordinance Approving an Indemnity Agreement between the City and GC Housing Development, LLC Mayor Golinski stated that developer may speak and then the motions will be read. Jeffrey Crain addressed the Mayor,Council,and residents of Yorkville in regards to the GC Housing Development.He stated that his group has spent a great deal of time in meetings with the City and the community of Yorkville to best suit the needs of the community and worked within the constraints of the state mandated requirements for a project of this nature.Mr. Crain said this project is competing for tax credits with eleven different projects in the state and this is the only project located in Kendall County. Mr. Crain stated that the project as proposed today is different than the one proposed two weeks ago.The plan takes into account recommendations made by those in the Council and the Community.He discussed the different changes proposed and the difficulty these changes have had in meeting all the amenities attributed to this project.He discussed the changes concerning the positioning of the project on the site. He thanked the Council for its input and its consideration.He is excited to become a part of the Yorkville community. Mayor Golinski stated unfortunately there was a legal objection filed and it was received about two hours ago. It is 173 pages and several Alderman would like time to review the material.Even if this is tabled for two weeks he doesn't believe it would impact the project.He asked for any comments or questions. Alderman Frieders asked Mr.Crain what would be the impact of not receiving the tax credits offered by the state.Mr. Crain said that the tax credits are required for his group to move forward with this project. In the event the tax credit is not awarded his group would reapply for consideration in the future.This proposal reflects any possible changes of this nature and extends the timeline for this project.Alderman Frieders asked what is the timeline for the City's approval for this project for it to remain viable.Mr. Crain answered that the City's approval and the project must be resubmitted by the 29th of February. Alderman Frieders asked if the City approves the project but it is denied for the February 29th deadline, when is the next date the project could be submitted.Mr.Crain answered in July,however if the project is not granted at that point it can be resubmitted when the state announces the next availability of these next tax credits. Alderman Colosimo made a motion to table these ordinances to the next City Council meeting; seconded by Alderman Funkhouser. n Motion approved by a roll call vote.Ayes-6 Nays-2 Kot-aye,Frieders-aye,Tarulis-aye,Colosimo-aye, Funkhouser-aye,Milschewski-nay,Teeling-nay,Koch-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. The Minutes of the Regular Meeting of the City Council—February 9.2016—Page 4 of 4 CITY CLERK'S REPORT No report. COMMUNITY&LIAISON REPORT School Board Alderman Funkhouser reported on the school board.He stated the school board heard the request for the GC Housing and were receptive to this project. n AACVB Alderman Funkhouser reported that the AACVB was having meetings for strategic planning.The AACVB is trying to consolidate and make the organization more efficient. STAFF REPORT No report. ADDITIONAL BUSINESS Kendall Marketplace Mayor Golinski reported he had lunch with City Administrator Olson,Lynn Dubajic,and the new developer of Kendall Marketplace.The developer was motivated and was very excited about the GC Housing project. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of 1.For litigation,when an action against,affecting,or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body fords that an action is probable or imminent,in which case the basis for the fmding shall be recorded and entered into the minutes of the closed meeting. The City Council entered Executive Session at 7:53 p.m. The City Council returned to regular session at 8:32 p.m. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski stated meeting adjourned. Meeting adjourned at 8:32 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois REGULAR CITY COUNCIL MEETING Ee L04 a r PLEASE PRINT NAME: *cy^4v SI /UBDIVISION OR BUSINESS: A�Ii vY 1wrrT 91047-�C GC pk(A (0 G L6 yf--wp LLC, jcf-f��/ C T 6- /Ij V� 5c �(p �An� G c - g/d rA1,041V D o—y 2. RR.l 5+D FL �- CT3C Lorri ,o- Bahr Ic �� 5a SIGNJN i V' W(A REGULAR CITY COUNCIL MEETING Public Comment PLEASE PRINT NAM SUBDIVISION OR BUSINESS: &--gze-pa e r7/ s% -5-:o-77' MV I�.,►x�� o - er � Anirr.6.) Lv^n COun yeysti� Coo r\1:n i S i d P X IwMack &Ys orl � Lakes NI ` 7, L Ae/L- �7E �T tii ItIlCkgEt dSurAlt) ��qT,� �r�rre P�rJ,cl �1iyi sl',1 SIGNIN Objection to GC Housing Development GC Housing Development, LLC of Northbrook, IL is proposing to construct a 4 Story 61' high 65 unit senior independent living apartment building and rezone Pins 02-28-326-002 and 02-28-326-006 on Walnut St East of Freemont between the 2 story Longford Lakes Townhouses and the 1 and 2 story single family homes to the east. We, the undersigned, are concerned citizens who urge our City Council to deny the re-zoning request from R-1 to R-4 and variance request from 8 units per acre to 24 units per acre of GC Housing Development, LLC for a 4 story apartment building because it fails to comply with the 2008 City of Yorkville Comprehensive Land Use Plan and will destroy the air, light, privacy, aesthetics and property values in the neighborhood and the construction of a 4 story apartment complex is not consistent with the trend of development and should be limited to a 2 story facility. Printed Name Signature Address t) . ,AS's: E,I V JI�A k1A t"7 7" oR)<'v i III f>Arc6,q 4A l'�l E sc=n/ e, H�t ,ce, WaJn� S b&116Z- ZAAJ4�, 10?4VIlk- � w vA e, r1114 r� �'t PA/ Objection to GC Housing Development GC Housing Development, LLC of Northbrook, IL is proposing to construct a 4 Story 61' high 65 unit senior independent living apartment building on PINs 02-28-326-002 and 02-28-326-006 on Walnut St East of Freemont between the 2 story Longford Lakes Townhouses and the 1 and 2 story single family homes to the east. We, the undersigned, are concerned citizens who urge our City Council to deny the re-zoning request of GC Housing Development from R-1 single family residential zoning to R-4 multifamily residential zoning and further object to the petition to grant a variance from 8 units per acre to 24 units per acre and limit the project to a 2 story building to conform with our neighborhood. Printed Name Signature Address zb - JILI 3c3 . c w. ,• St. il- �e� o 1 t A/ 'J0 n,�N ✓mil - s" .ff � Job `f L. �ws sew ,,,,_,00� -^� !�'9Y 0t&mdA... Lea �14vi�Le n Mct Mcweadar� J&Vue,hrky') 7 VII r J C /A- / ly/ 1f1�7/ lam'. Objection to GC Housing Development GC Housing Development, LLC of Northbrook, IL is proposing to construct a 4 Story 61' high 65 unit senior independent living apartment building on PINs 02-28-326-002 and 02-28-326-006 on Walnut St East of Freemont between the 2 story Longford Lakes Townhouses and the 1 and 2 story single family homes to the east. We, the undersigned, are concerned citizens who urge our City Council to deny the re-zoning request of GC Housing Development from R-1 single family residential zoning to R-4 multifamily residential zoning and further object to the petition to grant a variance from 8 units per acre to 24 units per acre and limit the project to a 2 story building to conform with our neighborhood. Printed Name Signatu/re..�L Address 4�� 30! so M 6IV 7 1(2 2Z AsK NI.�rfi uv�i.D SYS ci0R:�b 3b( S6 V ✓plc S1 �A" i c Grp p s c blp Mar'te A e . Objection to GC Housing Development GC Housing Development, LLC of Northbrook, IL is proposing to construct a 4 Story 61' high 65 unit senior independent living apartment building on PINs 02-28-326-002 and 02-28-326-006 on Walnut St East of Freemont between the 2 story Longford Lakes Townhouses and the 1 and 2 story single family homes to the east. We, the undersigned, are concerned citizens who urge our City Council to deny the re-zoning request of GC Housing Development from R-1 single family residential zoning to R-4 multifamily residential zoning and further object to the petition to grant a variance from 8 units per acre to 24 units per acre and limit the project to a 2 story building to conform with our neighborhood. Printed Name Signature Address I. 1,r urn I �'. r L � 4 ) 4 F�, G�' ZZ de ww2. n e �arcl� 31 2 QlCIG �errt Z Gne Yo,&Ile I-1 f 2�� 4y .7-7L MAX II _ �Lo J y2( W#-Inu� S+. Jof l[ .)le TL b i^.ej I a TQIn o Y Y^o, ( TI Z Go e ✓).16A4,\,',ut Gfe-lie- lei— WAt,AW(,T 7" fLIC 1/s• r-- ZL SBL Cd. z H Itz (I Objection to GC Housing Development GC Housing Development, LLC of Northbrook, IL is proposing to construct a 4 Story 61' high 65 unit senior independent living apartment building on PINs 02-28-326-002 and 02-28-326-006 on Walnut St East of Freemont between the 2 story Longford Lakes Townhouses and the 1 and 2 story single family homes to the east. We, the undersigned, are concerned citizens who urge our City Council to deny the re-zoning request of GC Housing Development from R-1 single family residential zoning to R-4 multifamily residential zoning and further object to the petition to grant a variance from 8 units per acre to 24 units per acre and limit the project to a 2 story building to conform with our neighborhood. Printed Name Sign ture n A Address LIS(, I' htrs X136 Z-q04 dw or }� L'� 1 1- 7znti.8�c�sr- J v ;L M -1-< 7 ,` . i Objection to GC Housing Development GC Housing Development, LLC of Northbrook, IL is proposing to construct a 4 Story 61' high 65 unit senior Independent living apartment building on PINs 02-28-326-002 and 02-28-326-006 on Walnut St East of Freemon# between the 2 story Longford Lakes Townhouses and the 1 and 2 story single family homes to the east. We, the undersigned, are concerned citizens who urge our City Council to deny the re-zoning request of GC Housing Development from R-1 single family residential zoning to R-4 multifamily residential zoning and further object to the petition to grant a variance from 8 units per acre to 24 units per acre and limit the project to a 2 story building to conform with our neighborhood. fJ l - p - s qAA) G i iJSo Ml� � '� Objection to GC Housing Development GC Housing Development, LLC of Northbrook, IL is proposing to construct a 4 Story 61' high 65 unit senior independent living apartment building on PINS 02-28-326-002 and 02-28-326-006 on Walnut St East of Freemont between the 2 story Longford Lakes Townhouses and the 1 and 2 story single family homes to the east. We, the undersigned, are concerned citizens who urge our City Council to deny the re-zoning request of GC Housing Development from R-1 single family residential zoning to R-4 multifamily residential zoning and further object to the petition to grant a variance from 8 units per acre to 24 units per acre and limit the project to a 2 story building to conform with our neighborhood. Printed Name Signature Address LAW OFFICES OF Daniel J. Kramer DANIEL J.KRAMER 1107A SOUTH BRIDGE STREET KELLY A.HELLAND YORKVILLE, ILLINOIS 60560 D.J.KRAMER (630)553-9500 Fax: (630) 553-5764 February 9, 2016 United City of Yorkville Legal Objection to GC Housing Development Mayor and City Council 800 Game Farm Rd. Yorkville, IL 60560 Re: GC Housing Project ZBA 2015-06—Senior Independent Living Facility variance request Plan Commission 2015-16 and ZBA 2015-06 NEC of Walnut and Freemont Dear United City of Yorkville Mayor and City Council: Benjamin Moe and Regina Moe (415 Walnut St., Yorkville, IL); Frances (Scott) Flynn and Paula Corbin(419 Walnut St., Yorkville, IL) and Barbara Nielsen(417 Walnut St., Yorkville, Illinois; by and through their attorney, Kelly A. Helland hereby file this legal objection to the Petitioner For Rezoning submitted by GC Housing Development, LLC requesting the rezoning of the 3.4 acre subject site from R-1 Single Family Residential to R-4 General Multi-Family Residential zoning classification under the United City of Yorkville Zoning Code and The Petition for a Variance to the maximum dwelling units per acre (Section 10-7-1 of the United City of Yorkville Zoning Ordinance)to permit the development of a senior independent living facility with a density of twenty-four(24) dwelling units per acre which exceeds the maximum density of the eight(8) dwelling units per acre in the R-4 General Multi-Family Residence District. My clients are life-long residents of Yorkville whose homes are directly to the east of the subject property. My clients' homes, along with the subject property, are currently zoned R-1 Single Family Residence under the United City of Yorkville Zoning Code. While my clients are not necessarily opposed to the construction of a senior apartment complex on the property directly west of their homes, or the development of the subject property with a two story structure, my clients are adamantly opposed and object to the requested rezoning and variance seeking to increase the density from eight (8) dwelling units per acre to twenty-four (24)dwelling units per acre and the construction of the proposed four-story facility. Presently, only one four story building exists in the United City of Yorkville that being the Hampton Inn. In the event the City Council grants the rezoning of the subject property and variance requested by the Petitioner it would be comparable to allowing a structure the size of the Hampton Inn to be constructed in a residential neighborhood,near, although not abutting or directly connected to commercial development and highways. It is often a clichd that is over used, but in this particular case a picture is worth a thousand words. In the event the development is approved as presented it would be akin to constructing the Hampton Inn within the neighborhood west of Smokey's Restaurant along Main Street, Elizabeth Street or Dolph Street; on the vacant land in Grand Reserve Subdivision or Autumn Creek Subdivision; in the middle of Heartland subdivision; or the middle of Conover Subdivision as each of these areas of the United City of Yorkville are near, but not adjacent to or abut,major highways and commercial developments. The Petitioner's request to re-zone the 3.4 acre subject site from R-1 Single Family Residential to R-4 General Multi-Family Residential zoning classification under the United City of Yorkville Zoning Code was denied by the United City of Yorkville Plan Commission with a vote of one (1)aye,three (3) nays and one (1)present. In addition to the rezoning request,the Petitioner alleges that in order for the construction of the senior apartments to be economically viable and profitable, the Petitioner seeks a variance from Section 10-7-1 increasing the maximum dwelling units per acre from eight(8) dwelling units per acre to twenty-four(24) dwelling units per acre. The United City of Yorkville Zoning Board of Appeals denied this request with four(4) nays and zero (0) ayes. The rezoning of the 3.4 acre subject site from R-1 Single Family Residential to R-4 General Multi-Family Residential zoning classification under the United City of Yorkville Zoning Code Governmental authority to control use and development of land is an appropriate use of the government police power so long as it is done in a reasonable manner to promote and protect the public health, safety, morals, comfort and general welfare of people, to ensure and facilitate the presentation of sites, areas, architectural, and aesthetic importance,to secure adequate light,pure air and safety form fire and other access, to continue the taxable value of land and building in Municipality. Trust Company of Chicago v. City of Chicago 408111. 91, 96 N.E.2d 499 (1951) and 65 ILCS 5/11-13-1. "Although the greater good" and need of a particular development should be taken into account by the Municipality in rendering a decision to rezoning or not rezoning a property, it is not the sole and controlling factor in rendering a decision. Ten factors should be examined in determining the validity of a rezoning of particular property in accordance with the Illinois Municipal Code, State and Federal Case Law and The City of Yorkville Rezoning Standards. These standards, which follow herein, are enumerated and stated in LaSalle Bank v. County Cook 12111.2d 145 N.E. 2d65 (1957) and further enumerated in Sinclair Pipeline 19 I11.2070; 167 N.E. 2d406 (1968) 1. Existing Zoning Classification and uses of the subject property within the general area of the proposed rezoned property. Subject Site: R-1 Single Family Residential West of the Site: R-3 Longford Lakes Townhomes and Detention North of the Site: R-3 Longford Lakes Townhomes and Detention East of the Site: R-1 Single Family Residential South of the Site: R-1 Single Family Residential and St. Patrick's Church - Instead of proposing a facility which blends the commercial developments to the north and multifamily residential to the north and west of the subject site the developer is insisting upon rezoning the Subject Property from R-1 to R-4 and a variance that would triple the permissible density. See attached Group Exhibit"A" - The Developer relies heavily on the aesthetics, quality of construction of their Glendale Heights project as an example of the developer being a"good neighbor"and the Subject Proposal's compatibility with the existing neighborhood and existing uses in the surrounding area. - I have attached copies of the Glendale Heights project for your reference and would encourage each and every Alderman to view the Glendale Heights facility. The Glendale Heights property (located at 1123 Bloomingdale Road, Glendale Height's, Illinois) is southeast of North Avenue (Rt. 64-a five lane east west highway and Bloomingdale Road, a five lane north-south highway) o South of the facility: three (3) story apartment buildings. o North and West of the facility: large "big box"commercial developments o East of the facility: townhomes are located beyond a detention pond and ravine. As evidenced by the photographs contained in Group Exhibit`B"attached hereto, the facility constructed by the Petitioner in Glendale Heights towers over the three story apartment buildings. Allowing the construction of the Petitioners building as submitted would be similar to constructing a building the size of the Hampton Inn or a building three times the size of the back NCG Theaters in the middle of Conover Subdivision, or the residential neighborhood west of Smokey's Restaurant, or the residential neighborhood north or east of Circle Center School or the residential neighborhood around Parkview Academy. 2. Trend of development, if any, in the general area of the property in question, including changes, if any,which have taken place since the day the property in question was placed in its present zoning classification. - Developer contends rezoning of the subject site from R-1 to R-4 is conformance with the trend of development in this particular area and the request to vary from the approved density in the R-4 District complies with similar developments approved by the United City of Yorkville. - In an attempt to support their claim for both rezoning and a variance the Developer cites the Reserve at Fox River(Market Place) Apartments and the Longford Lake Townhome Development as precedents of the City's actions in the past. The Longford Lakes and Fox River Developments were further subject to Consent Order as a result of a Settlement Agreement in Kendall County case 98-CH-19 which also involved a development of the Tucker Commercial parcel where Jewel and Panera Bread, among others are now located. - These developments cannot be used as precedent of the City varying or deviating from the allowable density standards and rezoning as the Reserve at Fox River Development resulted from a Development Agreement between the United City of Yorkville and Brisben Development, Inc. recorded with the Kendall County Recorder of Deeds as document 200200025544 (a copy of which is attached hereto as Exhibit "C" and the Development Agreement for Montalbono Homes for Longford Lakes Development recorded with the Kendall County Recorder of Deeds as document 200300011454, a copy of which are attached hereto as Exhibit"D". - Furthermore Heritage Woods Senior Housing Facility was a Planned Unit Development(Ordinance 2004-65) and therefore to cannot be cited to set precedence and while York Meadows Apartments does have a density of 11.69 and R-4 Zoning Classification the majority of the buildings are two (2) stories tall. 3. The extent to which property values are diminished by the particular zoning restrictions. - The properties east and south of the subject property will suffer diminution in value by the rezoning of the subject site as evidenced in the Appraisal attached hereto and incorporated herein by reference as Exhibit"E". The appraiser explicitly states and renders the opinion that in the event the four story apartment building is erected my clients will suffer a negative economic impact along with an external obsolescence. - Furthermore, as evidenced by the testimony by Ann Moehring, a Licensed Realtor with Kettley Realtors at the January 26, 2016 City Council Meeting and further supported by Exhibit"F" submitted by Ms. Moehring to the United City of Yorkville there will be a diminished value of the townhomes and single family properties in the vicinity of the proposed development. - The Petitioner submits an Appraisal which is inapplicable to the development as presented. At both the Plan Commission and the Zoning Board of Appeals the Petitioner and Senior Services representatives admitted that the comparable properties cited in the Petitioner's Appraisal are NOT similar to or comparable to the subject development. The Heritage Woods Development is a two story development as opposed to a four story development and the Bickford Cottage development is a one story facility which has both an assisted living component and memory loss component. The Petitioner's Appraiser admits in the conclusion that he could not find a similar situation where a four story senior apartment facility abuts an existing residential neighborhood. As a result of this admission and the failure to include similar comparable properties the conclusion that the subject site would not have any negative impact upon the existing neighborhood should be disregarded by the City Council. 4. Extent to which the destruction of property values of Plaintiff promote the health, safety, morals, and general welfare of the public. - Instead of submitting a proposal for a Senior Housing facility consisting of two (2) stories, thereby blending the surrounding uses with the neighborhood and providing a buffer from the development into the single family residential neighborhood, all the while satisfying a need of the community, the Developer insists on proceeding with a four(4) story facility and requests the Citizens of the United City of Yorkville to subsidize $120,000.00 over a 10 year period through a rental assistance program. - The Developer cloaks the need for affordable senior housing as a justification to approve a rezoning and density variance, but in reality the Developer refuses to remove two stories of the development, reduce the requested intensity of the proposed rezoning and reduce the requested density in order to increase their bottom line and maximize profits at the expense of the low density residential neighborhood. 5. Relative gain to the public as compared to the hardship imposed upon the individual property owners. - Neither my clients nor the general public would contest that there is a need for additional senior housing in the United City of Yorkville. My clients would also agree that there is a need for affordable senior housing in Yorkville and the need will likely increase in the future. - The Developer completely ignores the existing senior housing the United City of Yorkville. The Countryside Senior Apartments consisting of 2 two Story (91 Units restricted to individuals 62 ages and above), the Heritage Woods Development and the Garden Circle Development. These developments/buildings blend into the residential neighborhood as does the Bickford Cottage facility. See attached Group Exhibit"G". The Developer stated that not each and every one of the Units will be and comply with the Affordable Housing requirements. My clients would reiterate their position that they would not object to a two story facility being constructed upon the property. The gain to the public does not outweigh the hardship imposed on the neighborhood as a whole and the adjoining property owners. 6. Suitability of the subject property for the zoned purposes. - The 3.4 acres site located within a residential neighborhood is simply too small for the proposed plan and therefor the Developer proposed the construction of a 4 story facility with triple the allowable density. - The proposal fails to blend the commercial developments to the north and multifamily residential to the north and west of the subject site. - The developer insists that rezoning the Subject Property from R-1 to R-4 and tripling the allowable density is the only way to make the project economically viable and claims that no other vacant site available in Yorkville satisfies their criteria. - There is only one other 4 story building in the United City of Yorkville, that being the Hampton Inn, which is located in a commercial development and two 3 story buildings, one of which is a PUD and once which is located in a commercial development. See attached Group Exhibit"H" - Existing senior housing developments throughout Kendall County and the surrounding counties blend into existing neighborhoods or are located in commercial/transitional zoning districts and ALL are a maximum of 3 (THREE) stories tall. See attached Group Exhibit"I" - The Developer is this particular case is essentially attempting to put a square peg in a round hole with this development. 7. Length of time the property has been vacant as considered in the Context of land development in the area in the vicinity of the subject property. - The subject property was purchased by the Catholic Diocese. Father Jerry of St. Patrick's Parish envisioned that the property would be utilized for overflow parking from the church. The subject property has not been vacant for an inordinate time given the development of the north side of Yorkville. The Tucker/Jewel development occurred in early 2000, Longford Lakes Development was not constructed until 2006, given the recession and the screeching halt to development occurring between 2008 to present, the property has not been vacant for an extended period of time. 8. Community need for the proposed land use. - Neither my clients nor the general public would contest that there is a need for additional senior housing in the United City of Yorkville, but they would object to the size and intensity of the proposed facility and the burden upon the citizens of the community in the event the City approves the Rental Assistance Program. 9. With respect to the subject property, the care with which the community has undertaken to plan its land use development. - Although Comprehensive Plan is a guide to development, it is a guide that must be followed if it exists. As noted in the Petitioner's Application and the January 19, 2016 Staff Report some discrepancy allegedly exists in the Comprehensive Plan regarding the subject property. It is irrelevant that the City is currently updating the Comprehensive Plan as the existing Comprehensive Plan governs this proposal. - The current United City of Yorkville Comprehensive Plan designates the subject property as "Traditional Neighborhood"which the proposal clearly fails to conform with the Comprehensive Plan on its face." - The four story apartment complex fails to comply with the existing clarification by Staff of the City's Comprehensive of the Subject Property as a"Mixed Use". The "Mixed Use" designation allows for unique development of medium density residential, small office usually approved through a PUD and"Traditional Neighborhood." These traditionally contain mixed uses allowable under the R- 3/Office classification and a density of 3.5 dwelling units per acres. - The request to rezone the 3.4 acre site to an R-4 Zoning Classification with a variance allowing a maximum 24 dwelling units per acre (under the proposed ordinance)or 19 dwelling units per acre (under the proposed plan) exponentially deviates from the allowable uses under either interpretation of the Comprehensive Plan - Spot Zoning has been defined by Courts as a change in zoning applied to a small area that is out of harmony with the Comprehensive Plan for the good of the community; or Zoning that would violate a zoning pattern in order to avoid having a Court conclude that a zoning change is spot zoning, the change must be in harmony with the Comprehensive Plan for the orderly utilization of the property in the area. - Spot zoning has been defined as impermissible us of pubic police power. This is a classic case of spot zoning as evidenced by Exhibit"J"attached hereto and the obvious contradictions with either designations under the Comprehensive Plan. 10. Impact reclassification will have on traffic conditions, effect of reclassification would have upon existing accesses to said routes, and impact of additional accesses as requested by Petitioner upon traffic and traffic conditions and flow on said routes. - The Developer moved the access point to the proposed development to the westside of the proposed development and thereby minimizing any effect traffic would have on my client due to the reclassification. The Petition for a Variance to the maximum dwelling units per acre(Section 10-7-1 of the United City of Yorkville Zoning Ordinance) to permit the development of a senior independent living facility with a density of twenty-four(24) dwelling units per acre which exceeds the maximum density of the eight(8) dwelling units per acre in the R-4 General Multi-Family Residence District. My clients contend that the Application for Variance request fails to state the finding of facts supporting the variance request in accordance with the Illinois Compiled Statutes,the United City of Yorkville Zoning Ordinance, and Illinois Case Law. In determining the same, the Zoning Board of Appeals found that the Petitioner failed to provide evidence in each of the specific cases to justify recommending approval for the requested variance to the City Council (City of Yorkville Code Chapter 4 Section 10-4-7-C-1-(a)-(f)): a) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. b) The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. C) The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. d) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. f) The proposed variation is consistent with the official comprehensive plan and other development standards and policies of the city. The Petitioner in this case failed to present affirmative evidence to prove each of the necessary elements required to obtain their variance: 1. The site itself does NOT contain any topographical or boundary condition that result in a hardship as opposed to a mere inconvenience. The Petitioner has found a site that is the right price, but simply too small for a four story building they seek to construct. 2. The requested variance is not unique to the particular property. As evidenced in the Petitioner's response to Staff inquiries and the City of Yorkville Staff Memorandum several developments in the R-4 Zoning Districts have had variances approved, but none were for a density three times the allowable density and none of the structures exceed two stories of living space and three of the four developments cited resulted from Development Agreement or Planned Unit Development Agreements. The developer in this case is attempting to fit a square peg in a round hole. 3. The fact that the economic viability and profitability of a particular project is not a justification for a hardship thereby allowing the granting of a variance under both the Illinois Compiled Statutes and the United City of Yorkville Code. The Petitioner admits that the project would be "impossible to develop on the proposed site" and thereby essentially rendering the parcel worthless. The hardship of economic profitability alleged by the Petitioner is specifically being caused by the Applicant in this particular case. 4. The granting of the variation from the Code will physically and economically injure adjacent properties in the form of increased traffic and fails to improve the neighborhood in which it is located and essentially amounts to constructing the Yorkville Hampton Inn in the middle of a neighborhood. 5. The four-story apartment building as presented creates an external obsolescence for my clients' single family residence and will have a negative economic impact on Ben and Regina's home. My clients' air quality and sun light will be significantly deteriorated. 6. The request fails to comply with the current United City of Yorkville Comprehensive Plan and fails to sufficiently blend multifamily uses into single family uses. Although the City Council must examine the"big picture"when rendering a decision, it should not be done at the exclusion of the factors enumerated under the Illinois Compiled Statutes, Case Law and the United City of Yorkville Municipal Code. Accounting for the need of a use in a community is one, but not the controlling, factor needed to satisfy the requirement contained in the City of Yorkville Municipal Code resulting from the LaSalle Bank and Sinclair Pipeline Cases (ten-10- factors listed above). A municipality's duties and authority under the police power do not include assisting a developer in maximizing their profits at the expense of the Community. In this particular case the developer seeks to over burden a single site that is too small for the proposal as presented in order to achieve developer maximum economic viability at the expense of an entire neighborhood. The United City of Yorkville should deny both the request to rezone the subject property from R-1 to R-4 and deny the variance request increasing the density from 8 dwelling acres per acre to 24 dwelling units per acre as a result of the Petitioner's failure to meet their burden of proof and provide sufficient evidence supporting each and every necessary element required to obtain the rezoning and the variance. Very truly yours, xeuy.A ,xfe&uldl Kelly A. Helland Attorney at Law KAH/lgc 4 i+*74 11's 4Z 4W Ir Yorkville van� � r IIIIIII � �i - - ,� : .„;fig ,•""" � '- - y i AJj � u II i 2415 t u r,p a T e c h n o- c•,�""*..... a •rr t 9958 1 Iri�gerp Uate 1'_U'2i�ii`_s 41 9'1-2.56" 11 2621.6Cl VI ele:r E�',5 ft eye alt 1572 ft ri CENE"RAL NOTES c� 'TSUF/PENLOVS a aOP 1C O �c W 3 tNh A.w�w � iva ors/V/wrour!e� wWaPPa aw cd n 1WK ro '�QMf�fn aua a ML auw'c> KEY TAG LECEND \ DRAVWNO!VOTES r e 4nm s V md1e+ArtTPEUY PRELIMINARY I`-'� -^CI�_ ' ❑ � CCMM'SSION MO^ wI�4 AT FOIL P0131 CnIC i� TYPE C MN9 (21 w.m)muMrs A 4n') I r P" d s y 3►> 7 ' Al ( c r�r GC Housing's Thomas Place, Glendale Heights 0 .,.� ...a yam`'�_,�! T�-IN .. � _�,�' ��,• ''� s .. �A ` mow . 0 hY, i �.� �'. ' ; s �swC§ uriYr ,. .: = �_ �. � 11 ITWI ,i 1 b / y 1 u x t a - ♦ x a t 200200025544 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS ) 10-24-2002 At 10 s 39 AM. AGREEMENT 49.00 } COUNTY OF KENDALL } O O D D RECORDING PMENT AGREEMENT B C OF YORKVILLE 4 BEN DEVELOPMENT,INC. I Prepared by and return to: Law Offices of Daniel J.Kramer I I 07 South Bridge Street Yorkville,IL, 60560 630.553.9500 EXHIBIT C- DEVELOPMENT AGREEMENT This Development Agreement,hereinafter referred as to"Agreement",is made and entered into this tt, day o 2002, by and between Brisben Reserve at Fox River Limited Partnership, an Ohio linuAd partnership licensed and authorized to do business in the State of Illinois,hereinafter referred to as"Developer"and the United Ci of Yorkville,Illinois,a municipal corporation, hereinafter referred to as "City." The Develop d the City may hereinafter be referred to as the Parties. WITNESS O WHEREAS, the Developer is a limited r . nd the Developer of certain real property,hereinafter referred to as"Prope ca a in tty and legally described as set forth in Exhibit A attached hereto and incorporat d ce if more fully set forth;and WHEREAS,the Property is g e e east of Market Place Drive,which is currently under construction. The Property is zo ltt amily and consists of approximately 9.012 acres; and WHEREAS,the Cit ee . ed that the terms and conditions set forth herein will serve a public use and wi pr to ealth, safety,prosperity,security, and general welfare of the inhabitants and tax ;and WHE the e eloper,its vendors,grantees,assigns,successors,trustees,and all others holding any intere n in the future,agree and enter into this contract,which shall operate as a covenant running wit a land and be binding upon any developer and its representatives; NOW,THEREFORE,the City and the Developer,in consideration of the mutual covenants and agreements contained herein,do mutually agree as follows: 1. APPLICABLE REGULATIONS: Except as otherwise exempted by this agreement, all applicable city land use regulations,building codes,and any other applicable standards relating to infrastructure and facilities remain and shall govern the Property. When the term"brick"is used herein with reference to the architectural fagade of a building,garage or clubhouse,it shall refer to a solid masonry wall or a full-wythe*face brick,stone or architectural block veneer wall. A brick wall shall not include a wall faced with an applied material such as Zee-Brick or a similar partial wythe brick substitute applied with mastic. 2. CHOICE OF LAW: The interpretation,construction and performance of this Agreement shall be governed by the laws of the State of Illinois. *The term"wythe"is intended to have the meaning as reflected in"The Masonry Glossary"by the Masonry Institute,that is"A masonry wall,one masonry unit,a minimum of two inches thick"to distinguish from an applied material. Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 2 AGREEMENT NOW,THEREFORE,for and in consideration of the in at covenants herein contained,the City and the Developer agree as follows: ARTICL 0 LANDSCAPE G The Developer coven t it shall comply with and conform its improvements to the landsc r ' e of the City, current as of the time the City approves the plans. The preli in scaping Plan Is Attached as Exhibit C. OARTICLE II OPERTY DEVELOPMENT A. S t to a ro 'sions of Paragraphs B and C below,the Developer may construct, exec de e p on the Property the improvements or buildings pursuant to the final site pt a ved by the City, B. The Developer hereby agrees with the City that Developer may build one hundred thirty- two (132) multifamily units with parking and amenities (the "Development"). The multifamily units shall beat least 50%brick. The Developer has prepared apreliminary site plan for the Development,and preliminary floor plans,elevations and renderings for the buildings, clubhouse and garages to be constructed, Exhibit B. The City and Developer hereby agree that the Development will include a clubhouse with brick on all four elevations and on-site amenities. The parking shall consist of not less than two hundred ninty-seven (297) parking spaces — one hundred thirty-two (132) enclosed parking spaces and one hundred sixty-five(165)open parking spaces as delineated in the unit summary of the preliminary site orientation plan attached hereto and incorporated herein by reference, which includes the parking spaces required for the On-Site Amenities. The Developer has included all parking including garages in the site plan attached hereto that is part of Exhibit B. The on-site amenities shall include at a minimum a pool, a clubhouse and a tot lot with playground equipment (hereinafter collectively"On-Site Amenities'. C. Developer and City agree that the final site plan and the architectural elements of the building to be constructed as shown on the final plans for the final development shall be Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 3 substantially in accordance with Exhibit B with respect to the materials,architectural style, elevations and design. The City shall approve the final site plan provided it is substantially in accordance with Exhibit B. D. The Developer shall complete the roadway impro 14 ents of Market Place Drive from Landmark Avenue to its intersection with McHugh Stre i luding the curb,gutter,paving, street lighting and sidewalks on the northerly side of t ace Drive. Developer may recapture 50%of its costs,including its engin n tr udy costs for same(which traffic study will include the traffic sign t©n is for Rt. 34/Marketplace intersection),from the owner of the 64 Unit arcel southerly of Market Place Drive and Landmark Avenue.The Le al D s the Town Home Parcel is Exhibit D. The City and Developer will enter a apture Agreement for these costs as per 65 ILCS 5/9-5-1 and it will reco s S 5/9-5-2 prior to issuance of a building permit for the Town Home P o v the owner of the Town Home Parcel applies for a building permit for its ve p prior to the Developer,the owner of the Town Home Parcel shall comple a ay improvements, and the Town Home Parcel Developer shall be entitl d e re 50%of its roadway improvement costs from the Developer,except to the x nt h t recovery of recapture may be prohibited by any written agreement betwe ov risben Reserve at Fox River Limited Partnership,an Ohio Limited P r pan t current Owner of the townhouse property or any condition contained in a tten agreement binding upon the successors,heirs,and assignes of the p i ther o. ARTICLE III PARKLAND DEDICATION A. Pursuant to Paragraph IV(B)(5)of the Court Order issued bythe Circuit for Sixteenth Judicial Circuit for Kendall County, Illinois on April 7, 1999,(the"Consent Order")the plaintiffs to the lawsuit,Developer's predecessor in title,were required to dedicate to the City a certain Park Area on the Property in lieu of complying with the City's park contribution ordinance. The City hereby consents to the Developer contributing monetarily to the City based on the park contribution ordinance rather than contributing land for park purposes,because the Developer will develop the On-Site Amenities for its tenants that will serve as a private recreational function similar to the public purpose previously contemplated by the land contribution concept. The City hereby determines that it will be in the best interests of the City and the Developer for the Developer to contribute cash in lieu of park land for this site. The amount of that contribution is$115,236.00. That cash contribution shall be made by Developer on or before issuance of the occupancy permit. This Cash contribution will satisfy the Park Area contribution contemplated by the Consent Order. B. The City and the Developer hereby covenant that they cooperate to secure approvals of all necessary parties and the court in order to modify the terms related to the designated Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 4 "Park Area"pursuant to the Consent Order. ARTICLE IV MISCELLANEOUS PROVIS S A. The City acknowledges and agrees that ment satisfies all of the requirements of the City Ordinances and th o O d the Developer shall be entitled to all rights and remedies in accord cc dinances. B. The City hereby covenants th t it w c rovals from all necessary parties and the court in order to satisfy and c w h e s of the Consent Order. C. This Agreement sha and inure to the benefit of the Parties, their respective heirs,successors at i d shall be enforceable according to its terms and conditions under the laws e o Illinois. All notices provided fo Q hall be in writing and shall be deemed effective when personally deliver o ays after such notices have been mailed by certified or registered '1, o g aid, return receipt requested, to the Parties at the addresses given belo r t c of er address as may be specified by written notice. If to De 1 er: Brisben Development,Inc. Brisben Development,Inc. Attn: R.Charles Book Attn: J.Thomas Mellott Vice President Finance General Counsel 7800 E.Kemper Rd. 7800 E.Kemper Rd. Cincinnati,OH 45249 Cincinnati,OH 45249 If to the City: United City of Yorkville United City of Yorkville Attn: Daniel Kramer,City Attorney Attn:Tony Graff,City Administrator I I 07 Bridge Street 800 Game Farm Road Yorkville,IL 60560 Yorkville,IL.,60560 Signatures appear on the following pages. i. Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 5 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first above written. United City of Yorkville,Illinois.4 BY Arthur F. Prochaska,Jr.,Mayor O ATTEST: 0 City Clerk United City of Yorkville,Illinois �l On the_day of / ore me,the undersigned,a Notary Public,in and for the ounty and State aforesai er ally appeared Mayor Arthur R. Prochaska, Jr. and ty Clerk, to me known to be the persons who exec,ffted t forego' a behalf of the City,and they acknowledged that they executed the same as the Cif e t d eed. IN WITNESS O , have hereunto set my hand and affixed my official seal on the day and year last above wri Notary Public rorv�cuL ssu,- Hdlyl.sdar �rnnac.sm�aamod Mr��E.yd,s,US-071006 I Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 6 BRISBEN RESERVE AT FOX RIVER LIMITED PARTNERSHIP, an Ohio Iimited partnership By: Brisben Fox River,Inc. Its: G eral er By Teny B. Schwartz,Vice President Q 0 On the A day of �uGS�sr ,2002,before rsigned,a Notary Public,in and for the County and State aforesaid,Terry B. is resident of the General Partner of the Developer,personally,to me known to e e o executed the foregoing instrument,and acknowledged that he executed the s s t v oper's free act and deed. IN WITNESS WHEREOF,I have he o t hand and affixed my official seal on the day and year last above written. O Notary P lic ==�4P E9�''=. JOHN T MELLOTT ATTORNEY AT LAW NOTARY PUBLIC IN AND FOR THE STATE E sj Of OF OHIO.147 03 R.C. r o�\ LIFETIME COMMISSION E ,..o•P� Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 7 EXHIBIT A—Legal Description of the Property 0 0 00 0 � f Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement July 25,2002 Draft 7 Page 7 EXHIBIT A_Legal Description of the Property C14ICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TI INSURANCE SCHEDULE (CftIn.) ER D) No.: 1410 000498308 Au S. THE LAND RBFBRRED TO IN' MS CO CRIBED AS FOLLOWS: THAT PART OF SECTION 28, To W SNIP No T RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOL Y E AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE N0, 34 WIT T OF LOT 1, AEGEAN ISLE ESTATES UNIT 1, EXTENDED; THENCE SOUTH G S 9 INUTES 12 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 96 2 T; T NCE SOUTH 08 DEGREES 11 MINUTES 43 SECONDS WEST, A DISTANCE OF 220 3 E T THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 08 DEGREES 11 SECONDS WEST, A DISTANCE OF 728.51 FEET TO THE CENTER LINE OF MCHU NCE SOUTH 54 DEGREES 06 MINUTES 33 SECONDS WEST ALONG SAID CENTER 0 CHUGH ROAD, A DISTANCE OF 70.70 FEET; THENCE NORTH 56 DEGREES 06 MINU 4 0 S WEST, A DISTANCE OF 391.52 FEET TO A POINT OF CURVATURE; TH TERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS 36 E AN ARC DISTANCE OF 403.13 FEET TO A POINT OF TANGENCY; THENCE 7 EG S 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 294,62 FEET; THEN E S 8 D REES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTER LINE OF RO E . 34, A DISTANCE OF 307.76 FEET; THENCE SOUTH 07 DEGREES 10 MINU 5 8 6 C NOS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 82 DEGREES 49 MINUTE 1 E AIDS EAST PARALLEL WITH SAID CENTER LINE OF U.S. ROUTE 34, A DISTANCE 07.41 FEET TO THE PLACE OF BEGINNING, IN KENDALL COUNTY, ILLINOIS I I Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 8 EXHIBIT B—Preliminary Site Plan and Illustrations of the Improvements The Preliminary Site Plan and Architectural drawings of Cole&Russell Architects,Commission No. 1894 for "The Reserve at Fox River,Yorkville,Illinois"attached hereto and made a part hereof D 0 ww NOtitllN�fO 311S AHVNVA-G W 3t awrm Vr jew z lr Ae :u L.- AdWVYW1S W(1 \ \\ �+�O aov-w - UM1 nC`rSinnJi p`cvv.umoo:�wm,ni'� �_AHVYVW(iS a11R� � �..`, r v,� ♦ \ \ —ld 11 - I — � 5 � I F mm I uca I q �$000�� ,SiVC%RE♦aS�CUS C \ t \ I O 1 _ PRELIMINARY �■ ■ � ,04 FEBEWE AT FOIL R CSR TYPE A PLANS 11x> M WT I*M �53A/vf++LJwS J PRELIMINARY NM FOR Ca%MM-flM 1894 ;> FIMEFW -- --J AT FOX 11V3� YOXKVlLE X1f1O19 Ca+E BULDINO TYPE B PLANS L lt¢l cx s(@I cve - - s•eo GENERAL NOTES 15511f:PENSIOYS srt/O OV�uc cN([ius 1 sw�a.ep w�P�if mu.N n KEY TAG LEGEND a� �• DRANANG NOTES 1 O Ofo1G>RUYELLAecF.YGO� PRELIMNARY ��N..Naa o CCNN'SSIJV NO- 1804 -----• �' ... -- At FOM PIYBi colt 11 SULDNG TYPE C PLANS tW ae+ta)muas A-tnn I cok:�eu.ma At'EYenc m PRELIMNVARY Nor wn corrgmicnoN OCODUR4MictW r.cM94 -- I / TIE IE9EThE AT PDk M�91 _JJJ )'aI1CA.LE 11110D I*.- BIM.DING TYPE D PLANS tar wro t,c[i A104 I 1 � !S O, IMgIPCY _ BRabw -i} t Fz UNIT 1! AN WT11 ap•ET rH --_ "� ota¢f ca:.�w�.n:�,estmee, ! O ! PRELUNARY ! TM I r r>H•. NOT Pal C0161fI1C110N �i of uwomou �^. � e"�n'°`oui unnnoar �••�a m � .wrrw,TMxx°o,n,.+m ' ro1 er.E.rw°uWES wip ccu.inwl:we 1894 F' 0®10W Y®IIDw THE REl�11E "�� qqI �i FW iNFA TBw1LE iCtll�f 1 >e�,.�.s '{�i YON(t11E 41106 '18_ _ 177fff p.lE E t"r PLANS rn UNtT p��N r�UNffyPLAN 1.me x Wn- LJ–�rT',1d m'--- 1��r �!•'-�_—-- c.�A[IEi+t m srt�r All ---- - ----- - - - - ------- --- .un m ® um Alm a.m 'I1�'L✓• �n0 � aYnk 00 LLl y _ T BIIIM O _ ki BIIIIV �...5��'e i i i IPRELIMINARY IpT FOR CCNM%Cnm i I ! � ca.nsvov no � AT k k0•F3k YCH(Vl1E LLN01Y UNff WN J _ o-zE UNfF FLAN �� Ut�F PLAN LM P1AM E3D Y ONOBIIYVR8 :ykk' A112 -------�- -_ - - - - bD I �TM • uiu�e. ago = e.TM I� usnrow� � � amnoou a.osr / 1 Q_3 UN(T PLAN . 1 �� --- -� --- - I_--- --boo=-=aD- - - ----- i! aAm � oroa , 'MTM aic� ! _ O PRELMNARY tgt FOR CA!lSfRUCigN \ 6ET [ODU540n J0. AT MX X940 uNff TAE IMAGE i GaBET YOIKYL1E.Il111p6 SSMFI 1.v 39EOROCM GMOEN lNM$ UN PLAN " c-� — �, UNIT PLAN n+io a�ro 00 { ao o f BUN k w nnxT ClOtf 4.alET emnoor e®noal - I O ' o-aT UNfT PLAN o qo Ciilfl 1• DMq '40 Wa�puCali NihilSeh � LMpnt)DM I� �� l� LMOIgMI eI111r � �IIM1 •w o� m' o , m. PRELIMINARY �TM Z�FOR �ofo�rr,r - - - CDwMISYQY N:- 14 +._rj• TIES 6�PL1I YOMM LE LI0113 ' �LMW � S BCiflJO1 D�IC UMT PLAM EID J BEDRC I MfR1EN wm A114 45 F- - ----------- ---------- OWN ,TIT w7n; CHRon 1 . 1 ,� TI ab 0 Till; I � e O �. � �� !� 'r;' �I Iii �, i \ ,I i�l i 'I `� ;,a I !If I � i !l if ib� b I I. �I ' �N;� I ,�: �� I s i�� I ' I I'' JIM � 'I�, y\i —" � k �� '�� ,�I :�:i, - - =b� � � o �"�6i�P 9Y sir�l C�M� 5��{�1i 8�� . � �� ~ jo O ji n _ u� 5 ' O i a I !i i ail 0 e e U i e i e f O FF Ij Jill Iiiiiiiiiii I of ;\ dI I III I k! 1 I I Lii1 Ab m 11M, I �I 0 0 0 1 `IC Ylg �� dU x,� ai9 f'9 i'k -Figg"" f"""'« GENERAL NOTU �suu GD- �e�m,.aeswo a,ov w.aa .i � ^ <� •t�' ._ vu arm a.a . • s �-o•u �-�/ —� _ _ ,�f.S�, t!.n.� ��i��,w< r+ �_ „ wma ws u wn EL A11 r E ATKNV T o�—H EV TIO , c ELEVA � A�TI�ON „� a y 13 DRAWM NOTE8 O .r-.• � v-,{� ,.'r«o aa,�ae•c nx-n,.°•.cr.uc. •G-'-------------------- ED IVP GD III � � __ - __�: -� �• ��t a'-w °or' — — ' - ACCESSORY LEGEND rppr gi n —,F?6M AM FLOOR PLAN «, GENERAL NOTES ---p waoa.aor ru.w. c.vw ro sn.�niw.ov.a.�m.o.rw -0 I LEGEND .E•..ow eaanwc � DRAWING NOTES CQ _ rl FROM ELEVADgH e e e �D 0 REAA ELEVA / --0 - a-UHOU ---- GEVATIO - o 0 L6zv SNOU.VA39 13'� 30VUVO 1m .w�o, Nouvn � r1oliooiu��a1 . �d�WIN�13dd NOLL'W1 ) waw�nn�dmo-i. - N�A�l3 v o-- IMP m vw x�w v ,, MIONf HO D"V 1 " " I 0/8031 OV1 KW Brisben"The Reserve at Fox River,Yorkville,Dlinois"Development Agreement Page 9 EXHIBIT C—Landscaping Plan 0 0 O i f rf N i 8 r o + �f \N\ us. °LOCO i , MA.NHARD CC.ONSLI IM �_ ••• rme rmq tri a.ee r.a mw,�ru Mk lr-Mrr i¢ Iii/ C'. Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 10 EXHIBIT D—Legal Description of the Town Home Property for the Recapture Agreement O 0 O 1 BEGINNING AT THE NORTHEAST CORNER OF LOT 4 IN LANDMARK CE B N A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT REGO E J 13, 1988 AS DOCUMENT NUMBER 880200 IN KENDALL COUNTY, ILLINOIS; THENCE SOUTH 7853'33" EAST, A DISTANCE OF 765.23 FEET P F CURVATURE. THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 421.00 FEET, AN ARC DISTANCE OF 363. 8 FE NT OF TANGENCY; THENCE NORTH 51'37'35" EAST, A DISTANCE OF 98.83 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AL A AVE SOUTHERLY HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 36.17 FEET TO A POINT OF REVERSE CURVATURE; THENC LONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 435.00 FEET, AN ARC DISTANCE OF 80,61 FEET TO A POINT OF TAG CY- T OUTH 56'06'04" EAST, A DISTANCE OF 391.94 FEET TO THE CENTER LINE OF MCHUGH ROAD; THENCE SOUTH 12'32'21" WEST ALONG I C LINE, A DISTANCE OF 164.02 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF WALNUT STREET ADDITION, BEI B VI ON RECORDED AUGUST 4, 1988 AS DOCUMENT 884010; THENCE NORTH 81'34'06" WEST ALONG SAID EASTERLY EXTENSION AND SAID NOR TANCE OF 718.57 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID WALNUT STREET ADDITION; THENCE NORTH 08'25'54" EAST ALON T E 0 ER XTENSION OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 37.00 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRI E E'S DEED RECORDED JUNE 1, 1979 AS DOCUMENT NO. 79-2839; THENCE NORTH 81'34'06" WEST ALONG THE NORTH LINE OF SAID T CE OF 77.08 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 533.31 E A C DISTANCE OF 263.44 FEET. ALSO BEING THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN E CORDED JUNE 6, 1982 AS DOCUMENT NO. 82-2359, TO A POINT ON A NON-TANGENT LINE, ALSO BEING THE NORTHWEST CORNER AI T A RECORDED JUNE 6, 1982 AS DOCUMENT NO. 82-2359; THENCE SOUTH 08'26'49" WEST ALONG THE WEST LINE OF SAID TRACT REGO U 6. 1982 AS DOCUMENT NO. 82-2359, A DISTANCE OF 404.20 FEET TO THE CENTER LINE OF WALNUT STREET; THENCE NORTH 81'33'55 T ALONG SAID CENTER LINE OF WALNUT STREET, A DISTANCE OF 584.50 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE F SAID LANDMARK CENTER; THENCE NORTH 11'10'23" EAST ALONG SAID SOUTHERLY EXTENSION AND SAID EAST LINE, A DISTANCE OF 633.18 FEET TO THE PLACE OF BEGINNING. 200300011454 Filed for Record in KENDALL COUNTY, ILLINOIS GAUL ANDERSON STATE OF ILLINOIS ) 04-08-2003 At 02 t 34 p■. )SS. AGREEMENT 32.00 COUNTY OFKENDALL ) eon DEVELOPMENT O MONT LONGF DEVELOPMENT Prepared by&Return to: Law Offices of Daniel J.Kramer 1107A S.Bridge St. Yorkville,IL 60560 630.553.9500 1 [EXHIBIT DEVELOPMENT AGREEMENT This Development Agreement,hereinafter referred as to"Agreement",is made and entered into this_92 day of Mc rt b ,2003,by and between Montalbano Builders,Inc.,an Illinois Corporation licensed and authorized to do business in the State of Illinois, hereinafter referred to as"DEVELOPER"and the United City of Yorkville,Illinois,a Municipal Corporation, hereinafter referred to as"CITY". The DEVELOPER and the C may hereinafter be referred to as the Parties. TNESSE WHEREAS,the DEVELOPER is an Illinois r D d the Developer of certain real property,hereinafter referred to as"Property", oca and legally described as set forth in Exhibit"A"attached hereto and mco es as if more fully set forth;and WHEREAS,the Property is south of Landmark Avenue,south-west of Marketplace Drive, and west of Me o The Property is zoned R4 General Residence District and consists of approxima s;and WHEREAS,the CITY t ed that the terns and conditions set forth herein will serve a public use and will lth,safety,prosperity,security,and general welfare ofthe inhabitants and tax o e ;and ,th PER,its vendors,grantees,assigns,successors,trustees,and all others holding t ow or in the future, agree and enter into this contract,which shall operate as a cov t with the land and be binding upon any developer and its representatives; NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the mutual covenants and agreements contained herein,do mutually agree as follows: ARTICLE I LANDSCAPE AND BUFFERING The DEVELOPER covenants and agrees that it shall comply with and conform its landscape improvements to the Ordinance requirements of the CITY as they existed at the date of entry of the Consent Decree between the CITY and the predecessor in title to DEVELOPER herein. Further, landscaping shall be in conformance with all terms set out in the Consent Decree except as where specifically modified by this Agreement or Exhibit"B"which is attached hereto and incorporated herein by reference as the Final Landscape Plan entered into between the CITY and DEVELOPER. 2 ARTICLE H PROPERTY DEVELOPMENT A. Subject to the provisions of Paragraphs B and C below, the DEVELOPER may construct,erect,and develop on the Property the improvements or buildings pursuant to the final site plan approved by the CITY. B. i. The DEVELOPER hereby agrees wi a that DEVELOPER may build sixty-two (62) single 'ly h Ouse or condominium dwelling units with parking an ded on the approved Site Plan which is attached hereto and i in as Exhibit"C". ii. All building envelo 1 losed on the Site Plan attached hereto and incorporated `C". The CITY has expressly approved the configurati 1 'lding envelopes as contained therein. C. DEVELOPER and the Final Site Plan and the architectural elements of the building cted as shown on the final plans for the final development shal u tially in accordance with Exhibit"C"with respect to the materials, le,elevations and design. The MY shall approve the Fina to p vi ed it is substantially in accordance with Exhibit"C". D. w i. ut Street: 1. DEVELOPER is to dedicate thirty-three(33) feet of right-of-way along Walnut Street as depicted on the Final Plat of Subdivision. 2. The DEVELOPER is to construct a sidewalk along the southern right- of-way of Walnut Street between Route 47 (Bridge Street) and Freemont Street. a. Final alignment and grade of this sidewalk will be determined in the field. b. The sidewalk shall be constructed through gravel driveways and butted up against concrete or bituminous driveways. 3. The DEVELOPER is to construct a sidewalk along the northern right- of-way of Walnut Street from Freemont Street to the eastern property line. 3 4. The DEVELOPER shall regrade/restore areas where new sidewalk is constructed. ii. McHugh Road: 1. DEVELOPER is to dedicate forty(40) feet of right-of-way along McHugh Road as depicted on t inal Plat of Subdivision. 2. The CITY is not requiring the PER to provide sidewalks along McHugh Road. iii. Fremont Street: 1. DEVELOP sixty (60) feet of right-of-way as depicted Subdivision to extend Fremont Street from dmark Avenue. 2. The E is required to provide sidewalks along both sides of r17 t as depicted on the Final Engineering Plans. 3. . detention pond side will have B6-12 curb and gutter. side of Freemont Street has a townhome building fronting on and will be improved with a M3-12 roll curb. iv. A n Lane: 1. The DEVELOPER is required to dedicate to the CITY sixty(60)feet of right-of-way(Imown as Longford Lane)as depicted on the Final Plat of Subdivision. 2. DEVELOPER is to provide sidewalk along the westem/southern side of Longford Lane as depicted on the Final Engineering Plans. 3. The western/southern side of Longford Lane shall be M3-12 curb and gutter. The eastem/northern side of Longford Lane shall have B6-12 curb and gutter. V. Landmark Avenue: 1. In order to connect to existing public facilities,the DEVELOPER will need to saw cut a portion of Landmark Avenue. 4 E. Emergency Access: i. The DEVELOPER is required to install and maintain a twenty(20)foot wide hard surface emergency access lane to be located on Lot 11 as depicted on the Final Engineering Plans (connecting the private driveway to Marketplace Drive). ii. The emergency access lane shall be ted to support a fifty-five thousand(55,000)pound vehicle. iii. Landscaping shall be provid t t e emergency access lane as shown on the Landscape Plan iv. The comers of the lane shall be clearly defined so that emergency perso e o lane quickly. V. DEVELOPER p t s or similar ground cover to grow through grasscrete so ffected does not appear to be a normal access but one restri envy access use. In the event the police department or the pub 'c o department of the CITY determines that the public is in fact ergency access for non-emergency use,the CITY reserves th n t uire the DEVELOPER to place a decorative gate,chain,or s -away barrier to prevent non-emergency use. ARTICLE III BUILDING SETBACKS In construction of the proposed townhome units above referenced in the terms of this Agreement,the following building setbacks shall be adopted in the development and construction thereof: A. Fifty(50)feet from the western lot line B. Forty(40)feet from the Walnut Street right-of-way C. Thirty(30)feet from the Longford Lane right-of-way D. Twenty(20)feet from the Landmark Avenue right-of-way E. Thirty(30)feet from the eastern side of the Freemont Street right-of-way F. Twenty(20)feet from the western side of the Freemont Street right-of-way 5 G. Twenty(20)feet from the Marketplace Drive right-of-way H. Twenty(20)feet from the McHugh Road right-of-way I. Forty(40)feet from the southern property line of Lot 11 J. Forty(40)feet from the property line abutting t described by Trustee's Deed recorded June 6, 1982 as Document No.82-235 a.PIN 02-28-326-006) K. Minimum of twenty(20)foot setback tw ARTICL STORMW A. As to detention pon ly upon DEVELOPER's subject property, DEVELOPER shall u th on of its Homeowners'Association provide for maintenance of tho h ponds as the sole and separate obligation of said Homeowners'A . . regard to a third detention pond that currently exists adjacent to the a'. s elopment Agreement shall in no way alter any right or obligation ' as a covenant running with the land being developed by DE owed by its predecessor in title obligating the subject real prop enance obligations thereof. If any obligation exists on the subject el or contribute to the maintenance of the off-site detention,said o ' 'o 1 be that of the Homeowners' Association for Longford Lakes Dev t. B. A Back-Up Special Tax Service Area shall be created by the C=,a Consent shall be executed by the DEVELOPER,and an Enabling and an Enacting Ordinances shall be created and passed by the City Council of the CITY providing for payment of all maintenance obligations as to common landscape,open space,signage,berming,and detention pond maintenance and repair responsibilities including any other common areas attributable to the Homeowners' Association in the event the Homeowners' Association fails to perform any of this obligations. The determination by the City Council ofe CPTY shall be final as to the decision to make any levy as to the Back- Up Special Tax Service Area in the event the CITY finds that the Homeowners' Association is not maintaining its responsibilities thereunder. C. There shall be a minimum ten(10)foot wide level area between the high water line and the adjacent right-of-way with the requirement of providing a tree to be planted at fifty foot(50')intervals pursuant to the Landscape Plan. 6 D. All ponds,including the one previously constructed,will need to be landscaped to meet CITY standards(as noted above,the standards in the April 7,1999 Landscape Ordinance will be used). ARTICLE V WATER SERVICE AND B The CITY has represented to the DEVELOPto supply of potable water to the sub ject site. DEVELOPER has specifor permission to install separate shut-offs per building but to be peater bill as one(1)billing for the entire subject site. DEVELOPER consentnclude the obligation to pay all water bills as an item that can be levied under l Tax Service Area in the event the Homeowners'Association that r payment of water bills fails to timely perform its obligations he VI P OL CONTRIMMON A. CZ and D agree that the donation for park purposes shall be a cash con ti h land. The cash contribution shall be computed in accordance with e h nance that was in effect at the time the underlying Consent e ved as to the subject property, said amount being Sixty-Five d i t Hundred Sixteen Dollars and 00/100($65,816.00),payable pro-rata at th 'm f issuance of building permit by the CITY for each building,based upon the number of dwelling units contained therein. B. CITY and DEVELOPER agree that the donation for school purposes shall be a cash contribution in lieu of land. The cash contribution shall be computed in accordance with the Land-Cash Ordinance that was in effect at the time the underlying Consent Decree was approved as to the subject property, said amount being Forty-Three Thousand Five Hundred Twenty Dollars and 00/100($43,520.00),payable pro-rata at the time of issuance of building permit by the CITY for each building,based upon the number of dwelling units contained therein. ARTICLE VII SANITARY SEWER DEVELOPER and CITY acknowledge that sufficient sanitary sewer capacity exists to permit the total development of the subject parcel with sixty-two(62)townhome units. 7 ARTICLE VIII BUILDM CODE COMPLIANCE DEVELOPER shall be governed by the language of the original Consent Decree as to conformance to specific building codes, which shall be applicable to the development,although Developer may take advantage of any subsequent enacted Bui Codes that are less restrictive then those in effect at the date of the consent decree. DEVELOPER has agreed to cont9EQ0!MPLL4,NCE d Three Hundred Dollars and 00/100($9,300.00)at the rate of One /100($150.00)per dwelling unit payable at the time of recording ofor construction of a CITY municipal building. C NS DEVELOPER and CITY that the subject property is bound by the terms of a Consent Decree affecting the su ' t erty previously entered in the Circuit Court of Kendall County. Prior to approval o e and Final Plat of Subdivision,DEVELOPER shall secure a letter from Inland th Plan and Development Agreement. Upon presentation of said letter,the CTTY thro i ey shall obtain a written Agreed Order modifying the Consent Judgment in c rm a Site Plan and Development Agreement approving all changes thereunder. ARTICLE X MISCELLANEOUS PROVISIONS A. This Agreement shall be binding on and inure to the benefit of the Parties,their respective heirs, successors and assigns,and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. B. The various parts,sections,and clauses of this Agreement are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Agreement shall not be affected thereby. C. In all other respects the original Consent Decree is hereby ratified,re-published,and confirmed. 8 D. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail,postage-prepaid,return receipt requested,to the Parties at the addresses given below or at such other address as may be specified by written notice. If to DEVELOPER: Montalbano Homes Attn: Attorney Mike McGurn 0 Q 2208 Midwest Rd. Oak Brook,M 60523 O If to the CITY: United City of Yorkville United City of Yorkville Attn: Daniel Kramer,City Attn: Tony Graff,City Administrator 1107A Bridge Street 800 Game Farm Road Yorkville,IL 60560 O Yorkville,IL 60560 IT WITNES a Parties have executed this Agreement as of the day and year first above written. United City of r We 11'nois By Arthur F.Prochaska,Jr.,mayor ATTEST: CRYUM M ALBANO BUILDERS,INC., An A ois Co�rporattiioon By: �C Chief Operating O cer Attest: 9 EXHIBIT LIST Exhibit"A" - Legal Description Exhibit`B" - Final Landscape Plan Exhibit"C" - Approved Site Plan D • 10 Exhibit"A" Leal Description BEING A SUBDIVISION OF SECTION 28,TOWNS 7 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL.MERIDIAN,IN COUNTY,ILLINOIS O 0 O Exhibit KB» Eas!Landscape PI u Final iandWaVC Pls3nc ` �r <j �r•... �:... } ! ( r�•rfr MONTALBANO TORTNHOKU / - .tee. - �.•' �.� L RMGL1� A r , i1z�'Sueluo'Sw �n��l ~fix ,.•w i+,T 1p �„i, ( ,yA� III s FUTURE, am ° � _} t` rt°" \ DETENTION . !I I A } h �\ `C 11 z .I tv I i�u.Nn•T.w�n-rEr•ar� �s..�r..•w-r �[ a :'['�a�n T CUNVC Td31.E - _LL' �2 RADIUS LENGTH If iOR^SEARiN4 CHOF �..- ' tT_-L3.8S[2_1_g�s'S�•T3r" i10.iC.J .. ', Y1C.' M. r 3 , Ph. { All till Y..fi ! �t11�iiV )rdV#GNV .w..A N�AV MMONVI f i y i:It°; MOM AIBAiW DEVpOPN[MT` IVIAIvHARD I llavSi Li"7m1 ------------ R_.. L rep a.Si a x L VORKVLIC. AIMOIB + �Nn6 Nr9n//[.•1�}Ti{ 6�.' M��....M.��+v+.�-�_..w....m:..n..:s; _..-...�:�.:.��.."r++�......-.�..a.a�...-.�..ew-...r. Exhibit"C" Approved Site Plan D 0 JI ---------------------- 401M IMI M MM DILL IMIp� N 1170'23" E 633.18' t- i i -----�-- ----- -- — -- 14--�I�-7/ —--- — ------ 1 LO 3 L T LO. 1 lop it I 1 11 1 I 1 I �iM6 BiENJ Hit LOT 12 I ! I I 1 I O EMSTING DETENTION AREA I 0 1111 I I I V kill y 4- o I 4> I t1 { S 08'26'49" W r Zii W C." I 1 « ! N 08'25'54° E 37.00' ------------ A� 4 / i ii PDNr puau n+t Gsmur MtMON.ROAD % rxipyp�a "onnl�� 5 12'32'21" 6 WNWi Ss.FEr d00A1M A.. ly 164.02' tt w 1 LONGFORD f."" ♦MANHAM CONSULTMov. a YORKVILE.KLVMS EraD.saas.9uxrsroFa i ErmwhraxrAC Scmmsre OD SITE DIMENSIONAL AND FAYSN PLAN WT 3��s„sc u iwwer�. Dil6 t"Ils .r r l ' 1 I 'i ♦MANxa.m COu-"o-IVGu° � -- toMCroNNDaws EN°�rRD •3NSL)o.a �tK ►ONN M L 11.il0Y _- E--m.n -Su�. i i} _lOrLYLL OIU10N0 PLAN Deborah Cavaloo R SIDENTIAL APPRAISAL REPORT FileNo.: 1862 Property Address: 415 Walnut St City:Yorkville State:IL Zip Code:60560 County: Kendall Legal Descrpbon: See attached addenda. V Assessor's Parcel#: 02-28-334001 w Tax Year: 2014 R.E.Taxes:$8,802.36 Special Assessments:$0 Borrower d applicable): N/A Cunerd Owner of Record: Ben amin&Regina D Moe Occupant: X Owner El Tenant F1 Vacant Manufactured Housing Project Type: ❑ PUD Lj Condominium ❑ Cooperative El Other describe HOA:$0 per year per month Market Area Name: Yorkville Map Reference: MSA/MD 16974 Census Tract: 8904.00 The purpose of this appraisal is to develop an opinion of: X Market Value as defined),or other type of value describe This report reflects the followi value t not Current,see comments): Current the Inspection Date is the Effective Date Retrospective Prospective Z Approaches developed for this appraisal: X Sales Comparison Approach Lj Cost Approach Lj Income Approach See Reconciliation Comments and Scope of Work Property Rights Appraised: X Fee Simple E Leasehdd Leased Fee Other describe z Intended Use: Protest zoning change to property to west See addenda for further details Intended Users by name or type): Ben'amin Moe Client: Ben'amin& Regina Moe Address: 415 Walnut St Yorkville IL 60560 Appraiser: Deborah A.Cavalco Address: 1318 Sandhurst Dr.Sandwich IL 60548 Location Urban X Suburban Rural Predominant One-Unk Housing Present Land Use Change in Land Use Built up: ❑Over 75% ®25-75% ❑Under 25% Occupancy PRICE AGE One-Unit 79% ❑Not Likely z Growth rate: ❑Rapid ®Stable ❑Slow ®Owner $(000) (yrs) 2.4 Unit 5% ❑Likely' ®In Process' QProperty values: ®increasing ❑Stable ❑Declining ❑Tenard 65 Low 1 Mufti-Unit 5% 'To: possible change Demand/supply: ❑Shortage ®In Balance ❑Over Supply ®Vacard(0-5%) 925 High 100 Comm'I 10% in zoning.See comment Markebng time: X Under 3 Mos. ❑3-6 Mos. Over 6 Mos. Vacant(>5%) 232 Pred 50 Church 1% addenda. Market Area Boundaries,Description,and Market Conditions(including support for the above characteristics and trends): By Route 34 to the north by Route 71 to the east and the south and by Eldamain Road to the west rY Further comments see addenda. fx Dimensions: 125 x 398 Site Area: 1.13 ac Zoning Classification: R1 Description: Single-Family Suburban Residence District Zoning Compliance: Legal Ej Legal nonconforming(grandfathered) L]Illegal Lj No zoning Are CC&Rs appkcable? ❑Yes X No ❑Unknown Have the documents been reviewed? ❑Yes ❑No Ground Hard(ff applicable) $ / Highest&Best Use as improved: ®Present use,or ❑Other use(explain) Actual Use as of Effective Date: Single Family Residence Use as appraised in this report Sin le Family Residence z Summary of Highest&Best Use: See addenda. oZ Utilities Public Other Provider/Description ON-she Improvements Type Public Private Topography Level Electricity ® ❑ Street Asphalt ® ❑ Size Larger than typical for area Gas ® ❑ Curb/Gutter No ❑ ❑ Shape Rectangular Water ❑ ® Shared Well Sidewalk No ❑ ❑ Drainage Assumed Ade uate Sanitary Sewer ® ❑ Street Lights Yes ® ❑ View Church Storm Sewer 9 ❑ Alley None Lj El Other site elements: ®Inside Lot ❑Corner Lot Cut de Sac Underg round Utilities ❑Other describe FEMA Spec'I Flood Hazard Area Yes ®No FEMA Flood Zone X FEMA Map# 17093C0039H FEMA Map Date 01/0812014 Site Comments: please see attached addenda. General Description Exterior Description Foundation Basement None Heating •of Units 1 ❑Acc.Unit Foundation Concrete/Av . Slab None Area Sq.f1. 2,016 Type FA •of Stories 1 Exterior Wails Cedar/Avg. Crawl Space Minimal %Finished 100 Fuel Gas Type ®Del, ❑Aa ❑ Roof Surface As haIUAV . Basement Full Ceiling Drop/Drywall Design(Style) Custom Ranch Gutters&Dwnspts. Alum/Av . Sump Pump ® Walls Drywall Cooling ®Existing El Proposed ❑Und.Cons. Window Type Casement/Avg. Dampness ❑No Floor Car etfrile Central X y Actual Age(Yrs.) 26 Storm/Screens as Settlement No Outside Entry None Other z Effective Age(Yrs.) 3 Infestation No interior Description Appliances Attie ❑None Ameniies car storage ❑None Floors HW1Can)eVAvg Refrigerator ® Stairs ❑Fireplace(s)# 0 Woodstove(s)# 0 Garage #of cars ( 4 Tot.) Walls DrvvvalVAvQ. Range/Oven ® Drop Stair ®Patio One Attach. 2 Trim/Finish Wood/Avg. Disposal ® Scuttle ® Deck Maintain Free Detach. 0 W Bath Floor HW/Linoleum/Av . Dishwasher ® Doorway ❑ Porch Front Bk:ln 0 r= Bath Wainscot Tile/Av . FarVHoDd ❑ Floor ❑ Fence None Carport 0 r� Doors Six Panel/Av . Microwave ® Heated ❑ Pool None Driveway 2 Z Washer/Dryer Finished ❑Other Garden House Surface Concrete O Finished area above grade contains: 5 RDoms 2 Bedrooms 2.1 BAW 2,179 Square feet of Gross Living Area Above Grade aAdditional features: See attached addenda. V w Describe the condition of the property(including physical,lu ckonal and external obsolescence): C4 The subject was Purchased by the current owners in 2003 They have remodeled the kitchen and master bath Added fiving space by enclosing a back Porch finished the basement,installed a large paver patio with built in grill area fire pit and trellis and improved the landscaping The subject needs no updating EXHIBIT Copyright®2007 by a la mode,irc.This lam may he reproduced unmodified without writlen Demtission,however,a la a i 5 r a Form GPRES2-'TOTAL"appraisal software by a la made,inc.-1-800-ALAMO P RESIDENTIAL APPRAISAL REPORT File No.: 1862 My research did X did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. > Data Source(s): MIRED,LLC 1st Prior Subject Sale/Transler Analysis of sale/transfer history and/or any current agreement of ala/listing: The subject property has not been sold �q Date: in the past 36 months The comparable sales have no other sales history in the past 12 months Price: w Source(s): AL 2nd Prior Subject Sale/Transfer Date: �- Price: Source(s): SALES COMPARISON APPROACH TO VALUE If developed) The Sales Comparison Approach was not developed for this appraisal. FEATURE I SUBJECT COMPARABLE SALE#1 COMPARABLE SALE#2 COMPARABLE SALE#3 Address 415 Walnut St 27 Highview Dr 17 Park Dr N 4378 Tuma Rd Yorkville IL 60560 Yorkville IL 60560 Yorkville IL 60560 Yorkville IL 60560 Proximity to Subject 3.41 miles SW 0.88 miles E 0.62 miles NE Sale Price $ $ 265,000 $ 268,900 $ 225 000 Sale Pnce/GLA $ /sq.ft.$ 149.89/sq.ft.1 $ 111.48/sq.ft. $ 96.36/sq.ft. Data Sources Ins o.12/15/2015 PARED#08713177D01VI 673 MRED#08840871;D OM 85 MIRED#087452247DOM 1 Z2 Verification Sources Assessor Assessor Assessor Assessor VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +- $Adjust. DESCRIPTION +- $Adjust. DESCRIPTION +(-)$Adjust. Sales or Financing ArmLth ArmLth ArmLth Concessions Convd2 500 .2. FHA 0 ConvO Date of Sale/Time sO3/15,02115 +4, sO61157CO5/15 +2.7 s04/157cO3/15 +3.150 Rights Appraised Fee Sim le IFee Simple Fee Si m le Fee Simple Location Residential Residential Residential Residential Site 1.13 ac 1.023 ac 0.6 ac +2.5 2.023 -5,000 View Church Residential 0 Residential 0 Residential 0 Design Style Custom Ranch Custom Ranch Custom Ranch Ranch +25,000 Quality of Construction Average Similar Similar Similar Age 26 11 0 10 0 26 Condition Averse Similar Similar Similar Above Grade Total I Bdrms I Baths Total I Bdrms I Baths Total I Bdrms I Baths Total Sdrms Baths Room Count 5 2 2.1 8 3 2.0 +1.5 8 3 2.0 +1,500 7 3 2.0 +1,500 Gross Living Area 2,179 sq.tt. 1,768 sq.ft. +12,33 2,412 sq-ft. -6,990 2,335 sq.ft. -4,680 Basement&Finished Full Full Full/Walkup -5,000 Partial 0 Rooms Below Grade FR/RR/Bd/Bth/Kit/Din FR1Bd/BtvWineCellar 0 RR/Bath/Workshop +10,000 Unfinished +25 DOO Functional Utility 2 Bedroom 3 Bedroom -15,000 3 Bedroom -15.00 3 Bedroom -15.0 Heabng/Cooling FA/CAC FA/CAC FA/CAC FA/CAC = Energy Efficient items None None Basement Floor Heat -10.00 None ci Garage/Carport 2 Car Garage 3 Car Garage -5.00 2 Car Gara e 2 Car Garacie POrch/PatiO/Deck Pch/Pto/Dk2-3 Sea Porch/Patio +10.00 Porch/Patio +10,000 Porch/Deck +10.000 a Fireplace None Two -5.00 One -2.50 one -2,500 C Other Buildings Garden house Greenhouse 0 None +10,000 2 Car Detached 0 z 0 pw g Net Adjustmem atal + - $ 330 + $ -2,790 + $ 37,470 v Adjusted Sale Price Nat 0.1 Net 1.0 Nat 16.7 ari of Comparables 20. $ 265 330 .3 $ 266,Q 40.6 $ 262.470 Summary of Sales Comparison Approach See attached addenda. Indicated Value by Sales Comparison A roach$ 265,000 a Copyright®2007 by a la mode,inc.TMs torn may be reproduced umodified witlwul wdden pemissim,however,a la mode,inc.must be aclmowledged and Credited. s 5 e a k .¢x.• `_ form GPRES2-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMO 3/2007 RESIDENTIAL APPRAISAL REPORT File No.: 1862 COST APPROACH TO VALUE if developed) The Cost Approach was not developed for this appraisal. Provide adequate information for replication of the following cost figures and calculations. Support for the opinion of site value(summary of comparable land sales or other methods for estimating site value): ESTIMATED ❑REPRODUCTION OR ❑REPLACEMENT COST NEW OPINION Of SITE VALUE __________________________$ v Source of cost data: DWELLING Sq.R.@$ ____=$ Quality rating from cost service: Effective date of cost data: Sq.R.@$ --- _$ Comments on Cost Approach(gross living area calculations,depreciation,etc.): Sq.R.@$ =$ Please see Final Reconciliation comment. Sq.R.@$ ---=$ Sq.R.@$ ----_$ p =$ v Garage/Carport i .Ft.@$$ ----_$ Total Estimate of Cost-New _--_$ Less Physical I Functional I Extemal Depreciation =$ Depreciated Cost of improvements ------------------------_$ "As-is"Value of Site Improvements ------------------------=Z0 Estimated Remaining Economic Life(0 required): 60 Years INDICATED VALUE BY COST APPROACH ___________________ _$ 0 = INCOME APPROACH TO VALUE if developed) The Income Approach was not developed for this appraisal. Estimated Monthly Market Rend$ X Gross Rent Multiplier =$ Indicated Value by Income Approach Summary of Income Approach(including support for market rent and GRM): Please see Final Reconciliation comment. Wgg O U PROJECT INFORMATION FOR PUDs if applicable) The Subject a pad of a Planned Unit Development. Legal Name of Project: Describe common elements and recreational facilities: O n Indicated Value by:Sales Comparison Approach$ 265,000 Cost Approach(if developed)$ 0 Income Approach(if developed)$ p Final Reconciliation See attached addenda. Z gg This appraisal is made®"as is", ❑ subject to completion per plans and specifications on the basis of a Hypothetical Condition that the improvements have been ai completed, ❑subject to the following repairs or alterations on the basis of a Hypothetical Condition that the repairs or alterations have been completed, ❑subject to the following required inspection based on the Extraordinary Assumption that the condition or deficiency does not require alteration or repair: O v W fL ❑This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda. Based on the degree of inspection of the subject property, as indicated below, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraiser's Certifications, my(our) Opinion of the Market Value(or other specified value type), as defined herein, of the real property that is the subject of this report is: $ 265,000 as of: 12/1512015 ,which Is the effective date of this appraisal. N indicated above,this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report. See attached addenda. F A true and complete copy of this report contains 16 pages, including exhibits which are considered an integral part of the report. This appraisal report may not be dZ property understood without reference to the information contained in the complete repod. # Attached Exhibits: ®Scope of Work ®Limiting CondJCertffications ®Narrative Addendum ®Photograph Addenda ®Sketch Addendum ❑ ®Map Addenda El Additional Sales ❑Cost Addendum El Flood Addendum Manui.House Addendum ❑ a El Hypothetical Conditions ❑Extraordinary Assumptions El El Client Contact: Ben Moe Client Name: Benjamin&Regina Moe E-Mail: benmoe comcast.net Address: 415 Walnut St Yorkville IL 60560 APPRAISER SUPERVISORY APPRAISER(if required) or CO-APPRAISER(H applicable) w Supervisory or a Appraiser Name: Deborah A.Cavalco Co-Appraiser Name: Company: Cavalco Appraisals Company: ua Phone: (630)327-8596 Fax: Phone: Fax: E-Mail: cavalcoappraisalsagmail eom E-Mail. Date of Report(Signature): 12/31/2015 Date of Report(Signature): License or Certification#: 556.003172 State: IL License or Certification#: State: Designation: Certified Residential Designation: Expiration Date of License or Certification: 09/30/2017 Expiration Date of License or Certification: Inspection of Subject: ®Interior&Exterior E]Exterior Only ❑None Inspection of Subject: E]Interior&Exterior Exterior Only E]None Date of inspection. 12/15/2015 Date of inspection: r 1 copyright®2007 by a la mode,inc.This from may be reproduced ua iwiied wimix wMten permssim,however,a la made,inc.must he admovvledged and aeduil. �a F�k s a E.f I IA t. Form GPRES2-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMO 3/2007 ;. + .+v Assum bons Limiting Conditions & Scope of Work FikNo.: 1862 Property Address: 415 Walnut St City:Yorkville State:IL Zip Code:60560 Client: Ben'amin&Re ina Moe Address: 415 Walnut Street Yorkville IL 60560 Appraiser: Deborah A.Cavalco Address: 1318 Sandhurst Dr.Sandwich IL 60548 STATEMENT OF ASSUMPTIONS&LIMITING CONDITIONS -The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to ft.The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title.The property is appraised on the basis of ft being under responsible ownership. -The appraiser may have provided a sketch in the appraisal report to show approximate dimensions of the improvements,and any such sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size.Unless otherwise indicated,a Land Survey was not performed. -If so indicated,the appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. -The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. -If the Cost approach is included in this appraisal,the appraiser has estimated the value of the land in the cost approach at its highest and best use,and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used.Unless otherwise specifically indicated,the cost approach value is not an insurance value,and should not be used as such. -The appraiser has noted in the appraisal report any adverse conditions(including,but not limited to,needed repairs,depreciation,the presence of hazardous wastes,toxic substances,etc.)observed during the inspection of the subject property,or that he or she became aware of during the normal research involved in performing the appraisal.Unless otherwise stated in the appraisal report,the appraiser has no knowledge of any hidden or unapparent conditions of the property,or adverse environmental conditions(including,but not limited to,the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied,regarding the condition of the property.The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards,the appraisal report must not be considered as an environmental assessment of the property. -The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. -The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice,and any applicable federal,state or local laws. -If this appraisal is indicated as subject to satisfactory completion,repairs,or alterations,the appraiser has based his or her appraisal report and valuation conclusion on the assumption that completion of the improvements will be performed in a workmanlike manner. -An appraiser's client is the parry(or parties)who engage an appraiser in a specific assignment.Any other parry acquiring this report from the client does not become a party to the appraiser-client relationship.Any persons receiving this appraisal report because of disclosure requirements applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client at the time of the assignment. -The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public,through advertising,public relations,news,sales,or by means of any other media,or by its inclusion in a private or public database. -An appraisal of real property is not a'home inspection'and should not be construed as such.As part of the valuation process,the appraiser performs a non-invasive visual inventory that is not intended to reveal defects or detrimental conditions that are not readily apparent.The presence of such conditions or defects could adversely affect the appraiser's opinion of value.Clients with concerns about such potential negative factors are encouraged to engage the appropriate type of expert to investigate. The Scope of Work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible assignment results,given the nature of the appraisal problem,the specific requirements of the intended user(s)and the intended use of the appraisal report.Reliance upon this report,regardless of how acquired,by any party or for any use,other than those specified in this report by the Appraiser,is prohibited.The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work, Effective Date,the Date of Report,the Intended User(s),the Intended Use,the stated Assumptions and Limiting Conditions,any Hypothetical Conditions and/or Extraordinary Assumptions,and the Type of Value,as defined herein.The appraiser,appraisal firm,and related parties assume no obligation,liability,or accountability,and will not be responsible for any unauthorized use of this report or Its conclusions. copydghte 2001 by a Is mode,inc.This lorm may be reproduced unmodified without written pemdssion,however,a la mode,inc.must be aclmowkdged and wedded. form GPRES2AD- TOTAL"appraisal software by a la mode,it c.-1-800-ALAMC 3/2007 Certifications File No.: 1862 Property Address: 415 Walnut St City:Yorkville State:IL lip Code:60560 Client: Benjamin&Re ina Moe Address: 415 Walnut Street Yorkville IL 60560 Appraiser: Deborah A.Cavalco Address: 1318 Sandhurst Dr.Sandwich IL 60548 APPRAISER'S CERTIFICATION I certify that to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The credibility of this report,for the stated use by the stated user(s),of the reported analyses,opinions,and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal,impartial,and unbiased professional analyses,opinions,and conclusions. -I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. -Unless otherwise indicated,I have performed no services,as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result,or the occurrence of a subsequent event directly related to the intended use of this appraisal. -My analyses,opinions,and conclusions were developed,and this report has been prepared,in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. -I did not base,either partially or completely,my analysis and/or the opinion of value in the appraisal report on the race,color,religion, sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property,or of the present owners or occupants of the properties in the vicinity of the subject property. Unless otherwise indicated,I have made a personal inspection of the property that is the subject of this report. Unless otherwise indicated,no one provided significant real property appraisal assistance to the persons)signing this certification. My compensation for this appraisal is$350.00 DEFINITION OF MARKET VALUE*: Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller each acting prudently and knowledgeably,and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1.Buyer and seller are typically motivated; 2.Both parties are well informed or well advised and acting in what they consider their own best interests; 3.A reasonable time is allowed for exposure in the open market; 4.Payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and 5.The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. *This definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery,and Enforcement Act(FIRREA)of 1989 between July 5,1990,and August 24,1990,by the Federal Reserve System (FRS),National Credit Union Administration(NCUA),Federal Deposit Insurance Corporation(FDIC),the Office of Thrift Supervision(OTS), and the Office of Comptroller of the Currency(OCC).This definition is also referenced in regulations jointly published by the OCC,OTS, FRS,and FDIC on June 7,1994,and in the Interagency Appraisal and Evaluation Guidelines,dated October 27,1994. Client Contact: Ben Moe Client Name: Benjamin&Regina Moe E-Mail: benmoe comcast.net Address: 415 Walnut Street Yorkville IL 60560 APPRAISER SUPERVISORY APPRAISER(if required) or CO-APPRAISER(if applicable) U) 1 l✓✓. j ✓/ Supervisory or a Appraiser Name: Deborah A.Cavalco Co-Appraiser Name: Company: Cavalco Appraisals Company: rTi Phone: (630)327-8596 Fax: Phone: Fax: E-Mail: cavalcoappraisals(Mgmail com E-Mail: Date Report Signed: 12/31/2015 Date Report Signed: License or Certification#: 556.003172 Stale: IL License or Certification#: State: Designation: Certified Residential Designation: Expiration Dale of License or Certification: 09/30/2017 Expiration Date of License or Certification: Inspection of Subject: ®Interior&Exterior ❑Exterior Only ❑None Inspection of Subject: ❑Interior&Exterior ❑Exterior Only ❑None Date of Inspection: 12115/2015 Date of Inspection: CopyTIOM 2007 by a Is mode,im.This fan may be reproduced unmodified witlwut written pemussion,however,a la mode,me.must be acloloMedged and credited. i� t E; i c 1 � J, Form Form GPRES2AD-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMC 3/2007 Supplemental Addendum File No.1862 Borrower N/A Property Address 415 Walnut St State IL Zip Code 60560 City Yorkville County Kendall Lender/Client N/A GP Residential:Legal Description LT 1 WALNUT STREET ADDN CITY OF YORKVILLE •GP Residential-Neighborhood-Description The subject is located south of Route 34 and west of Route 47 on the fringe of commercial and multi family housing. •GP Residential:Neighborhood-Market Conditions Midwest Real Estate Data(MIRED)Service statistics,appraiser databases and/or knowledgeable brokers in the area indicate a narrow list price-to-sale price ratio of 97%and typical marketing time of 3 to 6 months. •GP Residential:Site-Adverse Conditions or External Factors No apparent adverse site conditions,easements or encroachments were noted or observed by the appraiser,as of the date of inspection. •URAR-Improvements-Additional Features The subject is a two bedroom,two and a half bath one story home with a full,finished basement and a two car attached garage.Custom features include vaulted ceilings,skylight in kitchen,Granite kitchen counter tops,pot filler by range, remodeled master bath with shower with 2 heads,two 3 season rooms with heated floors,heated garage,large paver patio with built in grill,frig and small fire pit,trellis over part of patio,maintenance free deck heated garage,2 x 6 construction and a security system with cameras.The basement is custom finished with a family room with built in entertainment center,full kitchen with dining area,rec room,bedroom and full bath. Also on the acre+site is a cedar building measuring 20'x 28'with an overhead door and side covered porch. •URAR•Improvements-Physical Deficiencies or Adverse Conditions There did not appear to be any physical deficiencies or other adverse conditions that would affect the livability,soundness or structural integrity of the subject property.Determining structural soundness or structural integrity is beyond the scope of this appraiser's expertise.The appraiser is not an expert in determining structural soundness or structural integrity. If the lender requires such information,the lender should seek a qualified professional. •URAR Sales Comparison Analysis Summary of Sales Comparison Approach DOM=days on market,cd=contract date,sd=sale date. Comparables 1 &2 were given most consideration and weight in our final analysis for they are similar custom homes as subject. The comparables are recently closed transactions of detached homes in the subject's market area. Adjustments were made for conflicting characteristics found to affect value.Adjustments in differences in gross living area were made at$30.00 per sq. ft. Date of sale adjustments.Median sale price for Yorkville for the period December 15,2013 to December 15,2014$228,500. Median sale price for the period December 15,2014 to December 15,2015$232,000. An increase of 2%/.0016 per month. Adjustments were made from contract date. All other adjustments are as shown. •Data Verification Sources Sources for data verification include Midwest Real Estate Data(MRED)Service and the Bristol and Kendall Township Assessors. •URAR:Reconciliation-Reconciliation and Final Value Conclusion Sole emphasis is given to the Sales Comparison Analysis as it best displays typical buyer/seller attitudes in the marketplace. Due to the nature of the assignment,the Cost Approach to value would not produce a credible or reliable indicator of value. The Income Approach was not developed due to the owner/user nature of the subject property. The comparables used in this report were the best available at the time of this appraisal. INTENDED USE OF THIS APPRAISAL The intended use of this appraisal is to provide an estimate of value as of December 15,2015,the date of an interior and exterior inspection.The homeowner has communicated a possible zoning change by the City of Yorkville for the vacant land directly to the west of the subject.See aerial view. The proposed zoning change would allow for a four story apartment building.It is the opinion of the appraiser that this structure would create external obsolescence for the subject property,not to mention the loss of privacy.It can only have a negative impact on the value of the subject property. Form TADD-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOD Supplemental Addendum File No.1862 Borrower N/A Property Address 415 Walnut St City Yorkville fourdy Kendall State IL Zips 60560 Lender Client N/A ADDITIONAL SCOPE OF WORK&DISCLAIMERS •Environmental Disclaimer The value estimate in this report is based on the assumption that the property is not negatively affected by detrimental environmental conditions. The appraiser's routine inspection of and inquiries about the subject property and surrounding neighborhood did not yield any information that indicated any apparent hazardous substances or detrimental environmental conditions which would negatively effect the property.The appraiser is not qualified,and is not an expert,in the identification of hazardous substances or detrimental environmental conditions that may include,but are not limited to:Radon;Toxic Mold, Asbestos;Lead Based Paint;Brown Site Contamination;Leaking Underground Storage Tanks;Ground water;Air and Soil Contamination;or Indoor Air Quality Concerns.Therefore,the presence of any adverse environmental condition cannot be confirmed or discounted by the appraiser. If additional information is needed or an environmental assessment is required,e professional in this field should be contacted. •Home Inspection Disclaimer The appraiser is not a home inspector and the appraisal report is not a home inspection.The appraiser only performed a visual observation of the accessible areas and the appraisal report cannot be relied upon to disclose conditions and/or defects in the property. Section 1455 245 Scope of Property Condition Inspections by Real Estate Appraisers The comments by the licensed real estate appraiser contained within this appraisal report on the condition of the property do not address"standards of practice"as defined in the Home Inspector License Act[225 ILCS 441]and 68 III.Adm.Code 1410 and are not to be considered a home inspection or home inspection report. •URAR�Hiahest and Best Use Per the Appraisal Institute's Dictionary of Real Estate Appraisal,Fifth Edition,the highest and best use of a property is defined as: "The reasonably probable use of property that results in the highest value.The four criteria the highest and best use must meet are legal permissibility,physical possibility,financial feasibility,and maximum productivity." Based on an analysis of these four factors,the highest and best use of the subject property was concluded to be its present use. Additional USPAP Certification Pursuant to the Conduct Section of the Ethics Rule of USPAP,"If known prior to accepting an assignment,and/or if discovered at any time during the assignment,an appraiser must disclose to the client,and in the subsequent report certification any services regarding the subject property performed by the appraiser within the three year period immediately preceding acceptance of the assignment,as the appraiser or in any other capacity". The appraiser has not provided any previous services regarding the subject property,including an appraisal within the three years prior to this appraisal. The appraiser is not aware of any other services,as an appraiser or in any other capacity,performed on the subject property by this appraiser or our office within the past three years. Exposure time is defined as"an estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.This would be a retrospective opinion based on an analysis of past events assuming a competitive and open market."The exposure time for the subject property is estimated at 3-6 months. Form TADD-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOD Supplemental Addendum File No.1862 Borrower N/A Property Address 415 Walnut St City Yorkville County Kendall State IL Zip Code 60560 Lender Client N/A •Predominant Value Comment It is noted that the final opinion of market value is above the predominant home value stated under the Neighborhood Section of this report.It would be indeed rare for a final opinion of value to be the same as the predominant value.The predominant value is simply a statistic.A statistic is a single number that describes a characteristic of a set of numbers.In this case,the set of numbers is made up of current selling prices of homes in a defined market area.Therefore,the predominant value is nothing more than the most re-occurring number within that range.This is a value measurement based on one of the three common measures of central tendency,which are mean,mode and median.In the case of a predominant value,it would be the moss re-occurring value or the Mode. An appraiser draws no relationship between the final opinion of value for a specific property in comparison to the predominant selling price of a home in a subject neighborhood.There is,however,a relationship between the final opinion of value and the LOW and HIGH price ranges.Fannie Mae and Freddie Mac require the appraiser to comment whenever the final opinion o1 value falls outside this reported range.FHA's updated Appendix D states the following for one-unit housing price and age fields in the Neighborhood Section:"Indicate the low and high neighborhood prices and ages as well as the predominant value and age.The high and low for both price and age should include the extreme".No other reporting is required. The final opinion of market value falls within the indicated price range and therefore does not suggest any negative marketability or market value issues for the subject property. FIRREA Statement This appraisal report was prepared in accordance with Title XI of the Financial Institutions Reform,Recovery and Enforcement Act(FIRREA)of 1989,as amended(12 U.S.C.331 et seq.)and any implementing regulations Form TADD-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOD Supplemental Addendum File No.1862 Borrower N/A Properly Address 415 Walnut St City Yorkville County Kendall State IL Zip Code 60560 Lender Client N/A ADDITIONAL REPORT CONDITIONS,APPRAISERS LIABILITY LIMITATIONS AND CLIENT AGREEMENTS The acceptance of this report and its use by the client in any manner constitutes acknowledgment that this report is a satisfactory professional product,and that the client has personally read the report,and specifically agrees that the data contained herein is accurate to the best of the appraisers ability. This report remains the property of Cavalco Appraisals and/or the signer,and is not to be transmitted to a third party without the permission of Cavalco Appraisals and/or the signer's written permission.This excepts third party mortgagees. Cavalco Appraisals,its associates,consultants,or the appraiser's personal responsibility,does not extend to a third party under any circumstances. As part of the appraiser-client agreement,the client agrees to notify the appraiser of any error,omission,or invalid data contained herein within 30 days of receipt of the report,and return the report along with all copies to the appraiser for correction prior to any use. Under no circumstances,shall the appraiser's liability exceed the fee actually collected for this report,and then only in case of gross error,which would have significantly affected the appraisers value opinion as of the date of valuation. Therefore,by accepting this report,you acknowledge that a value opinion is the product of a professional.It is an opinion only, and not a provable fact.As such,a personal opinion,valuation may vary significantly between appraisers based on the same facts,depending on the interpretation of the appraisers. Therefore,Cavalco Appraisals,and the appraiser,warrant only that the value conclusion is the best opinion of value estimate based on the market data and market conditions present in the body of this report as of the exact date of valuation. Form TADD-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOD Subject Photo Page Borrower N/A Property Address 415 Walnut St City Yorkville County Kendall State IL Zip Code 60560 Lender Client N/A Subject Front 415 Walnut St v Sales Price - Gross Living Area 2,179 Total Rooms 5 Total Bedrooms 2 Total Bathrooms 2.1 „r Location Residential View Church ! Site 1.13 ac Quality Average Age 26 Subject Rear Subject Street X17 % ' Aii YI I Form PICPIX.SR-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOD Subject Photo Page Borrower N/A Property Address 415 Walnut St City Yorkville County Kendall State IL Zip Code 60560 Lender Client WA Subject Street ,t Garden House s i jt f [ y rView from Street r t - ° Form MUMS-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOD Comparable Photo Page Borrower NIA Property Address 415 Walnut it city Yorkville _ County Kendall State IL Zip Code 60560 Lender Client N/A Comparable 1 �' 27 Highview Dr - Prox to Subject 3.41 miles SW Sales Price 265,000 * Gross Living Area 1,768 Total Rooms 8 ,x Total Bedrooms 3 i s Total Bathrooms 2.0 Location Residential View Residential I MWI Site 1.023 ac Quality Similar a Age 11 -Y 5 ,4 y Comparable 2 17 Park Dr N v_ Prox.t0 Subject 0.88 mites E y ; Sales Price 268,900 4 Gross Living Area 2,412 ` 4 Total Rooms 8 a Total Bedrooms 3 Total Bathrooms 2.0 Location Residential View Residential Site .6 ac Quality Similar - Age 10 e Comparable 3 4378 Tuma Rd Prox.to Subject 0.62 miles NE Sales Price 225,000 Gross Living Area 2,335 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.0 Location Residential View Residential 2 Site 2.023 Quality Similar , - Age 26 Form PICPIX.CR-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOC Above-Grade Building Sketch Borrower N/A Property Address 415 Walnut St State IL Zip Cod 60560 City Yorkville County Kendall Lender Client N/A 57' Dining Bath Master Den 13' Family Room W1C Kitchen `� Master I Bedroom o Bath WIC Foyer Bedroom 18, 1/2 Bath and Laundry 2 Car Garage 16' 12' 24' TOTAL Sketch by a is mode,mc. Area Calculations Summary Living Area Calculation Details First Floor 2179 Sq ft 16 x 13= 208 12x8 = 96 16 x 8 = 128 32 x 46=1472 11 x 25= 275 Total Living Area(Rounded): 2179 Sq ft Non-living Area 2 Car Attached 576 Sol ft 24 x 24= 576 i Form SKT.BLDSKI-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOE Aerial Mae Borrower NIA Property Address 415 Walnut St City Yorkville County Kendall State IL Zip Code 60560 Lender/Client N/A a la mode,inc. PIZ 4r y ; � r ✓ Su cx ai walnut Sr 'r A111e,f:30560 g' �f k 9 O ^ i 1 Y Form MAP.LOC-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAM00 Location Map Borrower N/A Pmpe"Address 415 Walnut St City Yorkville COurtY Kendall State IL Zip Code 60560 Lender Chem N/A NOR^A.— a Sugar Gravc &0 Ror2 - „ S Aurora SC�alun-ivil,eC!+CNltk t.,ttk Rock +� N uldv Hlll Auwa , Mw�tyo•„�:y. 5UD3ECT :. .. WUIh 415 Walnut St ' = vorkwne,(16(056(0 lyrnvroed Aswego _ ,. _. COMPARABLE No.2 P�aro 1 Y Park D,N - vo,xmilc,It 60560 COMPARABLE No.2 :7 PlghvWA Or tarns rorkvute 1t WWI 3,41 Hates ru,kvJle COMPARABLE No.3 4.37a Puma it7 _ Mdlhmst Ycrkvllir.,11.6(0560 0.62 mdrzs Pavll6an a M.7.—k - k—Bland /OIMt P attvJl a_uuon ccu, ,auks Form MAP.LOC-"TOTAL"appraisal software by a la mode,inc.-1-600-ALAMOC License Department of Financial and Professional Regulation D+vis,on of Neal Estate t LIt;ENSE N<) nrt � w.. u.,.. es i, �� r nm .p.,,.,,,~„ EXPIRES eP 09/30/2017 556.003172 CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER DEBORAH A CAVALCO d' 4�. 7t14 r r 6 :,afiy; _ r• -r `-� In;:otu .ar ylxlu I uli5 In;ens<«+oc ccm 1012A 188 �, Form SCNLGL-"TOTAL"appraisal software by a la mode,inc.-1-800-ALAMOD Property Showing Date/time Agent Buyer Agency/Agent/D# 23721 W. Chicago St, Plainfield �.. LISTED: $188,900 6/10/2015 m 6/11/15, 5:30pm Amy Rogus Coldwell Banker-705678 = X 6/12/15, 9- 10am Kristy Wolverton Charles Rutenberg-230580 W 6/12/15, 6:30-7:30pm Theresa Misner Baird and Warner-218997 6/12/15, 3:30-4:30pm Toni Graf Realty Representatives-702575 6/12/15,4:30-5:00pm Kelley Cammack Coldwell Banker-705822 6/13/15, 3:30-4:30pm Kelly Sourwine Coldwell Banker-236121 6/13/15, 11:00- 12:00 Pat Wyse Coldwell Banker-702092 6/16/15, 11:30- 12:30 Kim Kissell Century 21-236200 6/16/15, 7-8pm Jamie Haake C21 6/16/15, 6-6:30pm Faith Martin Platinum Partners 6/17/15, 7:30-8:30pm Leah Kapsimalis CBHB 6/17/15, 2-3pm Elana Wittenburg CBHB ** 6/18/15, 10-11am Anne Prunty Keller Williams-243047 ** 6/19/15, 12 - 12:30 Melanie Stacel Sun Realty Group-23721 6/20/15, 2:15-2:45 Jose Nunez ParkVue Realty- ** 2nd showing 6/23/15,7:30pm 6/20/15, 10:30am - 11an Emily Hobbs Re/Max Action- 6/20/15, 11am - 12pm Adam Cooper Realty Executives 6/20/15, 5:30-6:00pm Francisco Quintero Golden Homes Real Estate 6/21/15, 9:15am Erika Myrie Charles Rutenberg-230047 6/21/15 INQUIRY Kristine Henderson CBHB 6/22/15, 2:30-3:30 Robin Wilimitis Keller Williams-240147 6/23/15, 10:30- 11:00 Rick O'Halloran Coldwell Banker-233999 ** 6/23/15, 5:30-6:30 Sara Latta-Young Coldwell Banker Mng Broker-70273, 6/25/15, 6-7pm Kristine Henderson CBHB 6/26/2015,7-8pm Peggy Mlsna -242701 Baird and Warner FIRST OPEN HOUSE 6/28/2015 6/28/15, 6pm Toni Graf Realty Representatives Offer coming 7/9,Thursday 7/1/15,4:15pm Stephanie Clauson-242131 Keller Williams 7/1/15,5:00-6:00 Debra Brisolara-702129 Coldwell Banker HB 7/1/15, 5-5:30 Jeannine Warczynski Realty Executives Succes 7/2/15,4:45-5:45 Becky Kirchner Remax Plaza -55905 7/3/2015 Angie Cramer CBHB 7/5/15, fpm Mark Meers 700710 7/8/15, 4-5pm Jeannine Warczynski Realty Executives Success OFFER 7/8/15, 5-6pm Natalie Brummel Kettley 7/9/15, 5- 5:30pm Mary Schild Karges Realty-700658 7/9/15, 6-7pm Aneta Saad Charles Rutenberg-227309 7/11/15, 10:30am Mark Manz 172389 7/18/2015 Leslie McKenzie Remax Action 7/20/15, 3-4pm Michelle Small Little Realty- 233296 7/21/15, 5:45 -6:45pm Ellen Williams CBHB 7/25/15, 5:30- 6:30pm Don Westerholm Remax - 256662 7/29/15, 12:00- 12:30 Jeff Kur PRICE DROP:$184,900 8/4/2015 8/4/15, 3pm Keith Kreis 237765 8/8/15, 4:30- 5:30 Cathy O'Shea O'Shea Realty- 602976 8/9/15, 11:30- 12:30 Sarah Smolen 8/15/15, 11- 12 Phyllis Seno Re/Max 700324 8/20/15, 4:45-5:45 Jessica Bohm CBHB/229340 8/22/15, 9:45am - 10:15;Lina Boze MimiNolan Brokerage 220102 8/23/15, 11:30- 12:30 Kim Kissell 236200 8/23/15, 9 -9:30am Mary Jovanovic 705776 Asked if seller is willing to negotia 8/23/15, 3-4pm Susan Dombrowski Century 21- 8/26/2015 Jeff Binkowski CBHB PRICE DROP:$179,900 8/29/2015 Second showing 8/29/2015 Susan Dombrowski Century 21 Second showing 8/31/2015 Erwin Dungo B&W-704088 9/1/2015, 6:30-7:30pm Mike Goodwin John Greene - 237688 Third showing 9/2/2015, 5-6pm Susan Dombrowski Century 21 9/3/15, 6:15-6:45 Randy Malleos Coldwell Banker-233450 OFFER 9/3/15, 5:15- 6:15 Steven Yap CBHB-238177 9/4/15, 5:15 - 6:00 Emily Hobbs Re/Max Action- 9/5/15, Nancy Camfield Real People Realty REQUEST SCARED OFF 9/10/15, 6:30pm Angela Faron Remax Buyer stopped by after under con19/21/2015 Buyer: Dorothy SOLD:$175,000 815-210-8633 630-973-9379 630-258-3535 815-263-3666 815-325-2747 630-479-3694 815-582-7656 630-725-8416 630-373-9743 630-337-8387 312-646-4351 630-913-6633 815-263-3209 708-369-8440 815-260-6972 630-401-5792 773-297-9786 708-829-4687 815-325-6237 815-260-0621 630-337-1345 815-685-5090 815-325-6237 630-849-6667 815-263-3666 815-467-1583 630-240-7407 815-260-6261 205-365-5113 815-347-7900 815-260-6261 815-483-0354 815-919-6773 773-551-7811 630-373-3338 630-699-1938 815-483-5788 630-452-4144 630-276-6557 630-673-0306 708-828-2038 815-715-6542 630-205-4257 630-865-6915 815-582-7656 773-457-4535 815-325-7025 708-955-9192 815-325-7025 630-207-1695 630-768-5257 815-325-7025 630-292-4194 630-699-7188 815-260-6972 708-514-0410 815-351-0689 630-708-7033 Comments House showed well, liked the layout and enclosed back porch - but didn't like the apartments across the street. Very cute! Negatives were apartments,fencing along drive,squeaking floors and small bathrooms. But very nice and well kept, buyer felt comfortable My buyers had concerns about the apartments across the street. House showed well. How showed well, great location, but too small for client Very cute house! It's#2 on their list. I'll keep you updated! 6/25/15: No longer interested. Was going to be for client's mother who is now going to move in Super cute and great location. My client's needs changed over the weekend (family related) and he realizes that he needs to be c Nice home. Bedrooms were a bit too small. Doesn't want to be near apts on the same street. Cancelled - buyers couldn't make it out this date Client likes location and lot. But home basement is too short for him. Plus doesn't like 112 bath, all floors creak. But home is nicely kept up. Liked the porch a Buyer felt the shared half bath was awkward and didn't like the kitchen cabinets. Just wasn't big enough to meet the needs of my client with her blended family. Client is interested. Shows well. 6/23/15:Asked if we have any offers-says buyers don't have home to sell "I'm sorry we were running late but arrived just 10 min late. I hope it was ok. My clients are very interested. I will keep u posted." Interested-may write offer Tuesday-OFFER: $170,000-considering resale value with nearby apartments "Too outdated for buyer-thank you!" (Doors left unlocked after this showing. I texted agent but didn't hear anything back.) INQUIRED if it's still available only The showing went well.It's a cute house. My client is in the beginning stages of her search and still deciding between a single family smaller home versus a tc The house was smaller then they wanted. Good condition. Wants to know if sellers will take a sale contingency- 2603 Old Woods Trail, Plainfield - MLS shows not yet listed "Great little home. My clients were a little concerned about bathroom -they really need at least 2 full. I have another client I think who might like it. I'll Cancelled - buyer called agent when she was in car at house and agent notified seller POSSIBLE OFFER no interest,closets too small, needs to much updating,close to apartments Cancelled - buyer cancelled on agent "considering...." Offer: $170+furniture including master bedroom set Cute house. They didn't care for the apartments across the street&didn't care for the laundry in the basement. Cancelled - need to reschedule for next weekend Thank You for arranging the home to be previewed. Although the client I previewed this home for may not express further interest I thought it was Very nice house...still Iooking....just started with this client this week Client didn't like the apt across the street Nome showed well, liked the location as far as school district but don't care for the apartments kiddy corner from the home-just starting to look- (next c Didn't like the 1/2 bath Asked to pull comps and is considering it-then said the apartments across the street make it a "no" Too much updating for the price Loved the house but needs to talk to hubby $5000 was not big enough price drop-sellers willing to negotiate? Will let you know when husband is off and can come see it Really like the home but can't get past a couple things like the apartments on this street. They will wait for the price to drop further. I told her we are har Likes the house and being on a dead end street-VA buyer with nothing to sell 10/17/15: Called her to let her know house sold but I'm here if she wants help in the future. She said at this time she's ok. 9/21/15: says not working wii in the space and it is still in consideration, no decisions have been made.Thanks for showing. with them. ;loser to Darien. nd garage but not the apartments. Not interested. )wnhome.We will definitely keep this in mind though. let you know." 5 very well maintained and presented well.The sunroom and character of the home is great.The basement is a little choppy but that also allov Jay said they put offer on another home) )py with our activity that has picked up since the price drop, so this may be as low as we go. th an agent,just looking at homes on her own on Zillow vs for different uses and I think could be utilized well. The bedroom sizes are a bit on the small side but they are sufficient. The half bath betw4 Ben the master and the kitchen was an unexpected arrangement but given the space I feel is a practical benefit. Being close to the baseball fie Id can be a plus you might even get a few baseballs, but the noise from the announcements is something the buyer would have to appreciate. Overall the home looked to be in good shape and I appreciate the opportunity to view it for future reference, hopefully the right buyer will app ireciate the good qualities it has to offer and will carry on its best use.Thank You, Jeff Kur rf+_ EXHIBIT HERITAGE WOODS'S 2 STORY FACILITY I r, t t - f% mss /i.r� • \ �' / i � �j e ` 3 N � t �+r �)", �;I� j ,- p, � xi9°� � �`•�..��..`- tip. 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