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Committee of the Whole Packet 2006 10-17-06 o United City of Yorkville '" 800 Game Farm Road EST. -1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 p Fax: 630-553-7575 <<E ��� AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, October 17, 2006 7:00 p.m. City Conference Room Public HearinE: Kendall Marketplace Business District Presentations: 1. Walnut Enclave Concept Plan 2. Traffic Model Presentation by Parsons Brinkerhoff/SEC Economic Development Committee: 1. Discuss Committee Liaisons 2. Economic Development Minutes —June 29, 2006 3. PC 2006-59 Kritzberg— 101 E. Center Street—Rezoning and Development Agreement 4. ZBA 2006-58 Kritzberg— 101 E. Center Street— Setback Variance 5. PC 2006-34 Kendall Marketplace— Final Plat and Development Agreement 6. PC 2006-05 Bristol Ridge— Annexation, Zoning and Preliminary Plan 7. PC 2006-68 Bristol Bay Unit 11 — Final Plat 8. PC 2006-69 Bristol Bay Unit 12 — Final Plat 9. PC 2006-70 Bristol Bay Unit 13 — Final Plat 10. PC 2006-66 Nelson Subdivision— 1 1/2 Mile Review 11. PC 2006-74 X-PAC — Final Plat and Easement Vacation 12. PC 2006-36 Aspen Ridge— Final Plat 13. PC 2006-46 Matlock—Annexation and Zoning 14. PC 2006-78 Westhaven— Lakewood Homes —PUD Amendment Request 15. EDC 2006-26 School Impact Fee Payment Agreement for Bristol Bay Subdivision Page 2 Committee of the Whole October 17, 2006 Economic Development Committee: 16. EDC 2006-23 Amend SSA Policy 17. EDC 2006-27 Back-up SSA Discussion Public Works Committee: 1. Discuss Committee Liaisons 2. PW 2006-167 Proposed Generator Sale 3. PW 2006-168 Mosquito Control Contract 07-08 4. PW 2006-169 Rob Roy Creek Interceptor (Contract 6) — Change Order#2 5. PW 2006-170 Kennedy Road @ Freedom Place Intersection Improvement - Change Order#1 6. PW 2006-1712006 Joint and Crack Filling — Change Order#1 7. PW 2006-172 2006 Miscellaneous Bituminous Paving— Change Order#1 8. PW 2006-173 Raymond Storm Sewer Outfall — Change Order#1 9. PW 2006-174 Fox Hill Unit 5 —Final Acceptance & Bond Reduction #2 10. PW 2006-175 Routine IDOT Highway Permit - 101 E. Center Street 11. PW 2006-176 Ordinance Amending City Code 7-5-15-J Water Conservation Regulations 12. PW 2006-177 SW Regional Transportation Improvements—Amended Engineering Agreement 13. PW 2006-178 SW Waterworks System Improvements—Amended Engineering Agreement 14. PW 2006-179 Speedway Redevelopment— Sidewalk Agreement 15. PW 2006-180 Speedway Redevelopment— Plat of Easement 16. PW 2006-181 Speedway Redevelopment— Plat of Dedication 17. PW 2006-182 Sunfield Restaurant— Plat of Easement 18. PW 2006-183 Bridge Street Self-Storage— Plat of Easement 19. PW 2006-184 BP Amoco — Plat of Easement 20. PW 2006-185 Sleepy Hollow Road Upgrades /Alternatives Page 3 Committee of the Whole October 17, 2006 Detail Board Report Bill List): Park Board: 1. No Report. Mayor: 1. Tax Levy 2. Request for Support of County Road Tax Referendum Additional Business: 2`01�� Cyr c United City of Yorkville Memo 800 Game Farm Road EST. 1 1936 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 `20 'kkE Date: October 17, 2006 To: Mayor and City Council From: Lisa Pickering, Deputy Clerk CC: Department Heads Subject: Additional information for Committee of the Whole packet—October 17, 2006 Attached please find additional information for the following items: Public Hearing#1 —Kendall Marketplace Business District EDC#14—Westhaven—Lakewood Homes—PUD Amendment Request. ` ubl c_ Yin DRAFT SUBJECT TO PUBLIC HEARING V. Estimated Development Project Costs A range of development projects, activities and improvements will be required to implement this Business District Plan as discussed in Section IV. In undertaking these activities and improvements, the City may incur and expend funds related to the projects described in Section IV of this Business District Plan. The activities and improvements and their estimated costs are set forth in Table 1 of this Business District Plan. All estimates are based on 2006 dollars. Funds may be moved from one line item to another or to another project cost category described in this Business District Plan at the City's discretion. Projects described in Table 1 of this Business District Plan are intended to provide an upper estimate of expenditures ("Total Maximum Project Costs"). Within the Total Maximum Project Costs, adjustments increasing or decreasing line items may be made without amending this Business District Plan. Total Maximum Project Costs exclude any additional financing costs, including any interest expense, reasonably required reserves, issuing costs, capitalized interest and costs associated with optional redemptions. These financing costs may be substantial, are subject to prevailing market conditions and are in addition to Total Maximum Project Costs. Table 1: United City of Yorkville Kendall Marketplace Business District Types of Business District Project Costs and Estimated Budget Allocations Estimated Kendall Marketplace Business District project costs are shown below. Adjustments to these cost items may be made without amendment to the Business District Plan. The costs represent estimated amounts and do not represent actual City commitments or expenditures. Rather, these amounts are a ceiling on possible expenditures offends in the Kendall Marketplace Business District TYPES OF PROJECTS ESTIMATED COST Business District Sales Tax Projects •Off-Site Road Improvements $4,500,000 • On-Site Grading and Soft Costs $1,600,000 •On-Site Utilities $750,000 •Municipal Administrative Costs $500,000 •Additional Public Infrastructure Projects $3,000,000 Special Service Area Tax Projects •Land Acquisition $4,450,000 •Off-Site Road Improvements $4,000,000 Local Sales Tax Projects * On-Site Costs $2,200,000 *Other Costs $5,200,000 TOTAL MAXIMUM PROJECT COSTS $26,200,000D1 Total Maximum Project Costs exclude any additional financing costs,including any interest expense,reasonably required reserves,issuing costs,capitalized interest and costs associated with optional redemptions which may be substantial. These costs are subject to prevailing market conditions and are in addition to Total Maximum Project Costs. Kendall Marketplace Business District Development Plan page 10 United City of Yorkville October 12,2006 c United City of Yorkville Memo % 800 Game Farm Road 1836 Yorkville, Illinois 60560 ' =— Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: October 16, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC 2006-20-Westhaven—Request to Amend PUD General CommentsBack2round: 1. Public Hearing was conducted by City Council May 9,2006 for this request. 2. The petitioner for this request has changed from Pulte Homes to Lakewood Homes, Inc. since the public hearings and most recent EDC discussions. 3. The amendment requests for this PUD are included in separate agreement titled `Amendment to Annexation Agreement and Planned Unit Development Agreement Between MPLIV 10, LLC, MPLIV 20,LLC,MLH Yorkville,LLC, Lakewood Land, LLC, and the United City of Yorkville, Illinois' 4. Attached find staff report prepared April 13, 2006 for April 20,2006 EDC discussion: a. All items continue to be recommended by staff. Staff Recommendations: 1. Section V. E—page 6: a. Staff recommends requesting the petitioner contribute cash to fund the Shallow Water Site/Feasibility Study proportionate to the area being studied. The total cost is $25,000 for the study. The total area is 2,607 acres. This PUD agreement covers 586 acres (22%),therefore, staff recommends the petitioner contribute $5,500 toward this study and revise this portion of the agreement to include this contribution. 2. Section VII. E—page 7: a. The agreement should state: i. "YBSD Treatment Plant"not"Rob Roy Creek"in the first sentence; ii. "YBSD"not"the City" following"prepay the amounts due to"; iii. $3,250 Infrastructure Participation Fee should be $3,523 (current fee). 3. Section VIII. D a. Item 1 —page 9: Staff recommends removing the second sentence. At this time,the only contribution recommended is for the engineering costs and any contribution for construction may be requested from this property(likely in the form of sales tax revenues) in the future—the provision as written may prevent the City from requesting this in the future. b. Item 5—page 10: Revise to state"It is contemplated between the Parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcel, at a rate of no more than an additional one percent (1%)tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent(100%)of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s)by City as reimbursement for Owner(s) and Developer(s') share of engineering expenses and/or for improving and/or signalizing Route 47 abutting the Subject Property" 4. Exhibit O a. Staff recommends eliminating Elevation A from all elevation sets. This elevation does not include any masonry materials. 'Pub), C" Hwrin � Co.y Reviewed By: Legal ❑ City Council Finance ❑ Esr. � 1836 Engineer ❑ -4 City Administrator ❑ Agenda Item Tracking Number 0 �O Consultant ❑ KwIMl Cwnty ` ❑ <kE 1V�' City Council Agenda Item Summary Memo Title: Kendall Marketplace Business District City Council/Committee of the Whole Date: COW 10/19/06 Synopsis: Attached are three documents. Included are a business district plan and also two development agreements. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: John Wyeth Legal Name Department Agenda Item Notes: DRAFT SUBJECT TO PUBLIC HEARING UNITED CITY OF YORKVILLE KENDALL MARKETPLACE BUSINESS DISTRICT DEVELOPMENT PLAN UNITED CITY OF YORKVILLE, ILLINOIS October 12,2006 Prepared by: Ehlers&Associates,Inc. DRAFT SUBJECT TO PUBLIC HEARING TABLE OF CONTENTS I. Introduction......................................................................................................1 II. Description of Business District Boundaries...................................................5 III. Business District Qualifications & Analysis...................................................6 IV. Business District Development Goals and Projects........................................8 V. Estimated Development Project Costs ............................................................10 VI. Sources of Funds to Pay Development Project Costs.....................................11 VII. Issuance of Obligations.................................................................................... 12 VIII. Establishment& Term of the Kendall Marketplace Business District...........13 IX. Formal Findings...............................................................................................14 X. Provisions for Amending the Business District Plan......................................15 EXHIBITS Exhibit A: Map of the Kendall Marketplace Business District Exhibit B: Legal Description Exhibit C: Traffic Impact & Access Study, Kendall Marketplace, Yorkville, Illinois, by Kenig, Lindgren, O'Hara, Aboona, Inc. June 29, 2006 DRAFT SUBJECT TO PUBLIC HEARING I. INTRODUCTION This document, entitled United City of Yorkville Kendall Marketplace Business District Development Plan(the 'Business District Plan"), is to serve as a business district development plan for an approximately 143.4 acre farmland/vacant area at the northwest quadrant of the intersection of US Route 34 and Cannonball Trail in the United City of Yorkville (the "City") in Kendall County, Illinois. The City has determined that this area would benefit from designation as a business district as specifically provided for in the Illinois Business District Development and Redevelopment Act (the "Business District Act"), 65 ILCS 5/11-74.3-1 et seq., as amended. This approximately 143.4 acre area is subsequently referred to in this Business District Plan as the "Kendall Marketplace Business District." Ehlers&Associates,Inc. ("Ehlers")was retained to assist the City in assessing the qualifications of the Kendall Marketplace Business District for business district designation under the Business District Act and in preparing this Business District Plan. In accordance with the Business District Act, this Business District Plan includes: formal findings of the City regarding Kendall Marketplace Business District qualifications; a map, general description and legal description of the boundaries of the Kendall Marketplace Business District; a general description of each project, including the approximate location, proposed to be undertaken in the Kendall Marketplace Business District;the anticipated sources of funds to pay for Kendall Marketplace Business District project costs; the anticipated type and terms of any obligations to be issued; and the rate and term of any taxes to be imposed on the businesses within the Kendall Marketplace Business District. The Kendall Marketplace Business District boundaries are generally described in Section II, depicted in a map presented as Exhibit A and legally described in Exhibit B. A. The United City of Yorkville and the Kendall Marketplace Business District The United City of Yorkville is located in the Fox River Valley of Kendall County approximately 50 miles southwest of Chicago. The City includes land on both sides of the Fox River and is generally bounded by unincorporated portions of Kendall County with the neighboring communities of Montgomery to the north, Oswego to the east,and Plano to the west. Since 1960, the City has steadily grown to a current population of approximately 12,000 persons and is poised for substantial future growth projected at nearly 25,000 by 2010. According to the latest figures from the U.S. Census Bureau, Yorkville is located in the fastest growing county in Illinois, and the third fastest growing county in the U.S. The City is primarily a residential community with attractive homes, a traditional downtown area and growing residential neighborhoods and subdivisions, commercial corridors and industrial areas. The Fox River is a major asset as a natural resource and recreational amenity. As regional growth of the Chicago metropolitan area proceeds southwestward, the City has focused its planning efforts on guiding development to assure a compatible and efficient balance of land uses reflective of the City's small town heritage but also responsive to contemporary development opportunities. Kendall Marketplace Business District Development Plan page 1 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING Yorkville's Downtown was the only commercial district in the City up until the early 1970s when the City annexed a large area at the intersection of US Route 34 and IL Route 47 known as Countryside Center. Over the past three decades, Countryside Shopping Center(now demolished) and additional retail/commercial businesses have been developed along the intersecting corridors of US Route 34 and IL Route 47 in a pattern that has been traditionally auto-oriented to include strip retail centers,big box uses and businesses with drive-thru facilities. The City recognizes the changing needs and opportunities for growth and commercial development of the US Route 34 corridor and the incumbent responsibility to plan for such needs and changes on a coordinated and comprehensive basis. Recent planning efforts which address this concern include the United City of Yorkville 2002 Comprehensive Plan and United City of Yorkville Comprehensive Plan Update (February 22, 2005). These plans set forth recommendations for development of the US Route 34 corridor and the Kendall Marketplace Business District and form the basis for many of the recommendations presented in this Business District Plan. The US Route 34 corridor is identified in the City's comprehensive plan as a primary arterial to be developed generally as a commercial corridor. The commercial land use classification includes uses such as retail, service, restaurant, entertainment and professional and small business offices and is intended to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively and conveniently serve the growing local population, while advancing the importance of the City as a regional center. The Kendall Marketplace Business District is identified for commercial development at a scale that is consistent with a regional shopping center. The City's comprehensive plan also indicates that US Route 34 will need to be widened with controlled access points and improved traffic signalization to accommodate the City's land planning goals for this primary east-west arterial. As part of its strategy to develop the US Route 34 corridor and stimulate private investment in new development, the City engaged Ehlers to investigate whether the Kendall Marketplace Business District qualifies as a business district under the Business District Act. Ehlers surveyed the study area identified by the City and reviewed various documents related to the proposed development of the area to identify any business district factors that may be present. Overall, the Kendall Marketplace Business District lacks adequate street infrastructure and is not reasonably anticipated to be developed in a manner consistent with the City's comprehensive plan unless the City assists in addressing infrastructure deficiencies through business district planning and financing. B. Business District Development and Redevelopment Act The Business District Act authorizes Illinois municipalities to designate a contiguous area within their corporate limits as a business district. The Business District Act is found in Illinois Compiled Statutes, Chapter 65, Section 5/11-74.3-1 et seq., as amended. The Business District Act states that it may be considered essential to the economic and social welfare of a municipality to maintain and revitalize business districts by assuring opportunities for development and redevelopment and attracting sound and stable commercial growth. A business district must be established in Kendall Marketplace Business District Development Plan page 2 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING conformance with a comprehensive plan and a specific plan for the business district must be officially approved by the corporate authorities of the municipality after public hearings. In accordance with the Business District Act, the City may exercise the following powers in carrying out a business district plan: • Approve all development and redevelopment proposals for a business district; • Exercise the use of eminent domain for the acquisition of real and personal property for the purpose of a development or redevelopment project; • Acquire, manage, convey or otherwise dispose of real and personal property acquired pursuant to the provisions of a development or redevelopment plan; • Apply for and accept capital grants and loans from the United States and the State of Illinois, or any instrumentality of the United States or the State, for business district development and redevelopment; • Borrow funds as it may be deemed necessary for the purpose of business district development and redevelopment, and in this connection issue such obligations or revenue bonds as it shall be deemed necessary, subject to applicable statutory limitations; • Enter into contracts with any public or private agency or person; • Sell, lease, trade or improve such real property as may be acquired in connection with business district development and redevelopment plans; • Employ all such persons as may be necessary for the planning, administration and implementation of business district plans; • Expend such public funds as may be necessary for the planning, execution and implementation of the business district plans; • Establish by ordinance or resolution procedures for the planning, execution and implementation of business district plans; • Create a Business District Development and Redevelopment Commission to act as agent for the municipality for the purposes of business district development and redevelopment; • Impose a retailers' occupation tax and a service occupation tax ("Sales Tax") in the business district for the planning, execution, and implementation of business district plans and to pay for business district project costs as set forth in the business district plan approved by the municipality; • Impose a hotel operators' occupation tax in the business district for the planning, execution and implementation of business district plans and to pay for the business district project costs as set forth in the business district plan approved by the municipality; and • Issue obligations in one or more series bearing interest at rates determined by the corporate authorities of the municipality by ordinance and secured by the business district tax Kendall Marketplace Business District Development Plan page 3 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING allocation fund set forth in Section 11-74.3-6 [65 ILCS 5/11-74.3-6] for the business district project costs. The retailers' occupation and service occupation taxes ("Sales Taxes") may be imposed in quarter percent increments at a total rate not to exceed one percent (1%). The Sales Taxes may not be imposed for more than 23 years and may not be imposed on "food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purposes of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use." Sales Taxes, if imposed, shall be collected by the Illinois Department of Revenue and then disbursed to the City. The hotel operators' occupation tax ("Hotel Taxes") may be imposed at a rate not to exceed one percent (1%), must be imposed in quarter percent (.25%) increments, must not be imposed for more than 23 years and must be collected by the issuing City. Kendall Marketplace Business District Development Plan page 4 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING II. DESCRIPTION OF BUSINESS DISTRICT BOUNDARIES The boundaries of the Kendall Marketplace Business District have been carefully drawn to include only real property directly and substantially benefited by the proposed project to be undertaken as part of this Business District Plan. The Kendall Marketplace Business District encompasses approximately 143.4 acres at the northwest quadrant of the intersection of US Route 34 and Cannonball Trail and includes frontage along US Route 34 from Cannonball Trail on the east to the southerly extension of the proposed new alignment of Beecher Road on the west. The Kendall Marketplace Business District is depicted in a map presented as Exhibit A and is legally described in Exhibit B. Kendall Marketplace Business District Development Plan page S United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING III. BUSINESS DISTRICT QUALIFICATIONS & ANALYSIS Business district development and redevelopment is specifically provided for in 65 ILCS 5/11- 74.3-1 et seq. Pursuant to 65 ILCS 5/11-74.3-2 and 65 ILCS 5/11-74.3-5, the City Council may designate a specific area of the City as a business district, with the authority to levy additional retailers' occupation and service occupation taxes therein, but only after conducting at least two public hearings and making a formal finding as to the following: (i) the business district is a blighted area that by reason of the predominance of defective or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety,morals,or welfare in its present condition and use; and (ii) the business district on the whole has not been subject to growth and development through investment by private enterprises or would not be reasonably anticipated to be developed or redeveloped without the adoption of the business district development or redevelopment plan. Blighted Area Analysis The Kendall Marketplace Business District is a "blighted area" as defined in the Business District Act due to the predominance of"defective or inadequate street layout"which presents an economic liability to the City in its present condition. The development of a regional scale shopping center at the northwest quadrant of the intersection of US Route 34 and Cannonball Trail requires significant investment in on-site and off-site improvements and infrastructure. Exhibit C, "Traffic Impact and Access Study, Kendall Marketplace, Yorkville, Illinois"by Kenig, Lindgren, O'Hara, Aboona, Inc. dated June 29, 2006 (the "KLOA Study"), presents (i) detailed findings and data on the existing conditions of the street and access infrastructure serving the Kendall Marketplace Business District site and (ii) findings related to the level of street and traffic control infrastructure that would be required to service a regional scale shopping center at this location as anticipated in the City's comprehensive plan. The KLOA Study identifies that both US Route 34 and Cannonball Trail currently provide one through lane in each direction, and the intersection of US Route 34 and Cannonball Trail is signalized. The existing average daily traffic (ADT) on US Route 34 is 20,000 vehicles. The proposed Kendall Marketplace Business District development anticipates a daily traffic volume of approximately 26,000 vehicles. As such, the existing street layout is inadequate. Based on the anticipated traffic generated by the proposed development, the traffic report concludes that US Route 34 must be widened, from west of the proposed Beecher Road alignment to east of Cannonball Trail, to provide two through lanes in each direction with a continuous median. In addition, Cannonball Trail must be widened from US 34 to north of the Kendall Marketplace property line to provide for a continuous two-way left-turn lane. The main access driveway on US Kendall Marketplace Business District Development Plan page 6 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING Route 34 will need to be signalized, providing an eastbound left-turn lane and a westbound deceleration lane (right-turn lane). The other two driveways on US Route 34, restricted to right- in/right-out only turning movements,must each provide a deceleration lane. The costs associated with the required infrastructure improvements constitute an impediment to private investment and the Kendall Marketplace area would not reasonably be anticipated to be developed without the leadership of the City and the designation of the area as a business district to establish a mechanism for paying for such extraordinary improvements primarily through the imposition of additional retailers' and service occupation taxes. Kendall Marketplace Business District Development Plan page 7 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING IV. BUSINESS DISTRICT DEVELOPMENT GOALS & PROJECTS This Business District Plan has been prepared in accordance with the provisions of the Business District Act and is intended to guide improvements, activities and projects within the Kendall Marketplace Business District in order to stimulate private investment. The goal of the City, through the implementation of this Business District Plan, is that the Kendall Marketplace Business District be developed on a comprehensive and planned development basis in order to ensure that private investment in new development occurs (i) on a coordinated rather than piecemeal basis to ensure that the land use, pedestrian access, vehicular circulation,parking, service and urban design systems are functionally integrated and meet present-day principles and standards and (ii) within a reasonable and defined time period so that the Kendall Marketplace Business District may contribute productively to the economic vitality of the City. During the implementation of this Business District Plan, the City may(i)undertake or cause to be undertaken public improvements and activities and (ii) enter into redevelopment agreements with private entities to achieve goals, implement projects and construct public or private improvements (redevelopment agreements may contain terms and provisions, which are more specific than the general principles set forth in this Business District Plan). Successful implementation of this Business District Plan requires that the City utilize powers and financing resources in accordance with the Business District Act to stimulate the comprehensive and coordinated development of the Kendall Marketplace Business District. This development will benefit the City, its residents, and all taxing districts having jurisdiction over the Kendall Marketplace Business District.Listed below are the general goals and anticipated projects for the development of the Kendall Marketplace Business District A. Kendall Marketplace Business District Goals General goals for the Kendall Marketplace Business District include: • An environment that will contribute more positively to the health, safety and general welfare of the City and surrounding communities; • Improved street,traffic control and water detention infrastructure that will provide safe and efficient access to the Kendall Marketplace Business District and will benefit the US Route 34 corridor as a whole; • The creation of a new high-quality regional shopping center with destination, anchor and convenient retail goods and services to support the local and regional populations and enhance the overall quality,vitality and character of the community; • New investment and development that will increase the value of properties within and adjacent to the Kendall Marketplace Business District, improving the real estate and sales tax base of the City and other taxing districts; Kendall Marketplace Business District Development Plan page 8 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING • An increase in construction,part-time, and full-time employment opportunities for residents of the City; • Elimination of the factors that qualified the Kendall Marketplace Business District as a blighted area; and • A strong, positive visual image of the Kendall Marketplace Business District through attractive and high-quality building design and site improvements. B. Kendall Marketplace Business District Projects The City proposes to achieve its development goals for the Kendall Marketplace Business District through the use of public financing techniques authorized under the Business District Act to undertake the activities, improvements and projects described below. The City also maintains the flexibility to undertake additional activities, improvements and projects authorized under the Business District Act, if the need for activities, improvements and projects changes as development occurs in the Kendall Marketplace Business District. Planned improvements, activities and projects are based on the overall land planning goal of developing an approximately 800,000 square foot regional scale shopping center in the Kendall Marketplace Business District. The shopping center should provide a range of anchor, destination and convenient retail goods/services and restaurants. Improvements, activities and projects to support this scale of development include: • improvements to existing roadway infrastructure (e.g. road widening, installing turn lanes, etc.) and the construction of new roadway infrastructure, including improvements to US Route 34,Cannonball Trail and the extension of Beecher Road; • land assembly and site preparation into parcels of appropriate shape and sufficient size for development in accordance with this Business District Plan; • installation of or enhancements to traffic signalization/control, parking and access improvements to provide safe, convenient, efficient and effective access to and circulation within the Kendall Marketplace Business District for automobiles, trucks, buses, pedestrians and bicycles,as appropriate; • construction of and improvements to utility and stormwater management infrastructure, including a regional stormwater detention facility;and • site planning and construction methods that are characterized by cohesive urban design features that organize and provide focus to the streetscape and shopping center, including use of quality building materials and installation of pedestrian amenities, distinctive lighting, signage and landscaping,and other appropriate site amenities. The projects, improvements and activities presented in this Business District Plan conform to the land-use development policies and standards for the City as set forth in the 2002 Comprehensive Plan and the 2005 Update to the Comprehensive Plan. Kendall Marketplace Business District Development Plan page 9 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING V. Estimated Development Project Costs A range of development projects, activities and improvements will be required to implement this Business District Plan as discussed in Section IV. In undertaking these activities and improvements, the City may incur and expend funds related to the projects described in Section IV of this Business District Plan. The activities and improvements and their estimated costs are set forth in Table 1 of this Business District Plan. All estimates are based on 2006 dollars. Funds may be moved from one line item to another or to another project cost category described in this Business District Plan at the City's discretion. Projects described in Table 1 of this Business District Plan are intended to provide an upper estimate of expenditures ("Total Maximum Project Costs"). Within the Total Maximum Project Costs, adjustments increasing or decreasing line items may be made without amending this Business District Plan. Total Maximum Project Costs exclude any additional financing costs, including any interest expense, reasonably required reserves, issuing costs, capitalized interest and costs associated with optional redemptions. These financing costs may be substantial, are subject to prevailing market conditions and are in addition to Total Maximum Project Costs. Table 1: United City of Yorkville Kendall Marketplace Business District Types of Business District Project Costs and Estimated Budget Allocations Estimated Kendall Marketplace Business District project costs are shown below. Adjustments to these cost items may be made without amendment to the Business District Plan. The costs represent estimated amounts and do not represent actual City commitments or expenditures. Rather, these amounts are a ceiling on possible expenditures of funds in the Kendall Marketplace Business District TYPES OF PROJECTS ESTIMATED COST Administration&Analysis $XX Land Assembly $XX Water and utility improvements $XX Public roadway and traffic control infrastructure& improvements $XX Site Preparation including grading, excavation and parking $XX TOTAL MAXIMUM PROJECT COSTS $XX,000,0001'1 [1]Total Maximum Project Costs exclude any additional financing costs,including any interest expense,reasonably required reserves,issuing costs,capitalized interest and costs associated with optional redemptions which may be substantial. These costs are subject to prevailing market conditions and are in addition to Total Maximum Project Costs. Kendall Marketplace Business District Development Plan page 10 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING VI. SOURCES OF FUNDS TO PAY DEVELOPMENT PROJECT COSTS Upon designation of the Kendall Marketplace Business District by City ordinance,the City intends to impose the retailers' occupation and service occupation taxes provided for by the Business District Act within the Kendall Marketplace Business District, at a rate of one-half of one percent (.5 1/o) of gross sales ("Kendall Marketplace Business District Sales Taxes" or "Kendall Marketplace Business District Sales Tax"). The Kendall Marketplace Business District Sales Taxes will be imposed for the term of the Kendall Marketplace Business District(not to exceed 23 years from the date of adoption of this Business District Plan) to pay for business district project costs within the Kendall Marketplace Business District and obligations issued to pay those costs. A separate City ordinance shall also be adopted by the City Council to create a separate fund entitled the "Kendall Marketplace Business District Tax Allocation Fund" in order to receive the Kendall Marketplace Business District Sales Tax revenues from the Illinois Department of Revenue. Pursuant to the Business District Act, all funds received from the Kendall Marketplace Business District Sales Taxes must be deposited into this special fund. Funds necessary to pay for business district project costs and secure municipal obligations issued for such costs are to be derived primarily from Kendall Marketplace Business District Sales Taxes and a portion of the City's local retailers' occupation and service occupation tax revenues generated by businesses within the Kendall Marketplace Business District. Other sources of funds which may be used to pay for business district project costs or to secure municipal obligations are state and federal grants, investment income, private financing and other legally permissible funds the City may deem appropriate. All such funds shall be deposited in the Kendall Marketplace Business District Tax Allocation Fund. In addition, the City expects to issue special service area ad valorem tax bonds payable from ad valorem taxes levied against all taxable real property within the Kendall Marketplace Business District to pay certain business district project costs. Kendall Marketplace Business District Development Plan page 11 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING VII. ISSUANCE OF OBLIGATIONS The City may issue obligations pursuant to the Business District Act and other statutory limitations in order to pay for business district project costs. The obligations may be secured by the Kendall Marketplace Business District Sales Taxes, a portion of the City's local retailers' occupation and service occupation tax revenues generated by businesses within the Kendall Marketplace Business District and other sources that the City may deem appropriate. Additionally, the City may provide other legally permissible credit enhancements to any obligations issued pursuant to the Business District Act. All obligations issued by the City pursuant to this Business District Plan and the Business District Act shall be retired within twenty-three (23) years from the date of adoption of the ordinance approving this Business District Plan. One or more series of obligations may be issued from time to time in order to implement this Business District Plan. In addition, the City expects to issue special service area ad valorem tax bonds payable from ad valorem taxes levied against all taxable real property within the Kendall Marketplace Business District to pay certain business district project costs. Obligations may be issued on either a taxable or tax-exempt basis, as general obligation bonds, general obligation debt certificates, alternate bonds or revenue bonds, or other debt instruments, with either fixed rate or floating interest rates;with our without capitalized interest;with or without deferred principal retirement; with or without interest rate limits except as limited by law; with or without redemption provisions, and on such other terms, all as the City may determine and deem appropriate. Kendall Marketplace Business District Development Plan page 12 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING VIII. ESTABLISHMENT AND TERM OF THE KENDALL MARKETPLACE BUSINESS DISTRICT The establishment of the Kendall Marketplace Business District shall become effective upon adoption of an ordinance by the City Council adopting this Business District Plan and designating the Kendall Marketplace Business District. Development agreements between the City and any developers or other private parties shall be consistent with the provisions of the Business District Act and this Business District Plan. Pursuant to the Business District Act, the Kendall Marketplace Business District Sales Taxes described in Section VI may not be imposed for more than twenty three (23) years pursuant to the provisions of the Business District Act. The Business District shall expire upon the termination of the imposition of the Kendall Marketplace Business District Sales Taxes and the final payout of the same from the Kendall Marketplace Business District Tax Allocation Fund,which is expected to be 23 years from the date of adoption of the ordinance approving this Business District Plan. Kendall Marketplace Business District Development Plan page 13 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING IX. FORMAL FINDINGS Based upon the information described in Section III and the attached Exhibit C,the City Council of the United City of Yorkville finds and determines the following: (a) The Kendall Marketplace Business District is a contiguous area and includes only parcels of real property directly and substantially benefited by the proposed business district development or redevelopment plan; (b) The Kendall Marketplace Business District Plan is consistent with the United City of Yorkville's Comprehensive Plan for the development of the City as a whole; (c) The Kendall Marketplace Business District is a blighted area as defined in the Business District Act by reason of the predominance of defective or inadequate street layout; (d) The Kendall Marketplace Business District constitutes an economic liability to the City in its present condition and use; and (e) The Kendall Marketplace Business District on the whole has not been subject to growth and development by private enterprises or would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district development or redevelopment plan. Kendall Marketplace Business District Development Plan page 14 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING X. PROVISIONS FOR AMENDING THE BUSINESS DISTRICT PLAN The United City of Yorkville's City Council may amend this Business District Plan from time to time by adopting an ordinance providing for such amendment. Kendall Marketplace Business District Development Plan page 15 United City of Yorkville October 12,2006 DRAFT SUBJECT TO PUBLIC HEARING EXHIBIT A: MAP OF KENDALL MARKETPLACE BUSINESS DISTRICT AWL AL t - - - - - in Aq, mL u... 1R ♦fL J61. JLL �.y J17L lA t I � N6 t � I A& // Z I U I DIY / I � I Exhibit A: ----------- -------- / Kendall Marketplace Business District Boundaries N^ `I Ak s: _ _ -- t —US Route U Veterans Parkway DRAFT SUBJECT TO PUBLIC HEARING EXHIBIT B: LEGAL DESCRIPTION YORKVILLE, IL BUSINESS DISTRICT LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET;THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST, AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST,243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST,AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST,7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST, AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC LENGTH OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20 SECONDS EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11 MINUTES 08 SECONDS EAST, 763.20 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST,AN ARC LENGTH OF 333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST,80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST, AN ARC LENGTH OF 10 1.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST,784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; C:\DOCUME-1\11yons\LOCALS-1\Temp\2\06-10-12 LEGAL DESCRIPTION OF THE BUSINESS DISTRICT.doc THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE,331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST, ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST,48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST,470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S.ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, 378.99 FEET TO THE POINT OF BEGINNING,IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES C:\DOCUME-1\11yons\LOCALS-1\Temp\2\06-10-12 LEGAL DESCRIP'T'ION OF THE BUSINESS DISTRICT.doc DRAFT SUBJECT TO PUBLIC HEARING EXHIBIT C: TRAFFIC IMPACT AND ACCESS STUDY, KENDALL MARKETPLACE, YORKVILLE, ILLINOIS KENIG,LINDGREN, O'HARA,ABOONA,INC. JUNE 29,2006 Traffic Impact / ' Access Study Kendall Marketplace Yorkville, - 9 Y a Submitted by Iit Kenig, Lindgren,May 11,2006 Revised June 29,2006 Contents List of Figures and Tables, ill INTRODUCTION .... ........................................ . . . . ..... ...... ........................................... ....... 1 EXISTINGCONDITIONS.................... .................................. ..... ..................... ............... ......... 2 TRAFFIC CHARACTERISTICS OF THE KENDALL MARKETPLACE DEVELOPMENT............ .............................................................8 BACKGROUND TRAFFIC DEVELOPMENTS AND FUTURE ROADWAY IMPROVEMENTS............................................................................ .. . 14 TOTAL PROJECTED TRAFFIC CONDITIONS .... ....... ......................................................... .17 EVALUATION................................................................... ... .............. ............................ . ...... .17 RECOMMENDATIONS...................................... ................. ................................ ............. .. .. .24 CONCLUSION..............................................................................................................................28 11 List of Figures and Tables Figures 1. Site Location....................................................... ....... .... ........................................................3 2. Aerial View of Site Location......................... ... ......... ... ............................................. ......... 4 3. Existing Roadway System............................. ... ................................................ ......... .. ...... 6 4. Existing Traffic Volumes ....... ........................................... ............................................ . . ...7 5. Proposed Access Spacing............ .............. .................... ................................ .......... ........ .10 6. Estimated Directional Distribution....... ............ ............. ..................................... ....... . ....11 7. Site-Generated Traffic Volumes.............................. 8. Background Development Traffic................................... ..... .................... . 9. Total Projected Traffic Volumes - Year 2010.............................................. ....... .. ..... . . .. 18 10. Total Projected Traffic Volumes- Year 2016........ ... . ................ .............. .... ..... ....... .. . 19 11. "Total Projected Traffic Volumes - Year 2026.... ................................................................. 20 12. Proposed Roadway Improvements- Year 2010......... ......................................................... .25 Tables 1. Directional Distribution of Site-Generated Traffic..... .................................. ....... ....... .. .. .9 2. Estimated Site-Generated Peak Hour Traffic Volumes... . . . . . ................................... . ......12 3. Estimated Background-Generated Peak Hour Traffic Volumes .................................. .. ......15 4. Level of Service Criteria......... ........................... ... ... ...........................................................22 5. Capacity Analyses Results—Existing Conditions.......................................................... . .. ..23 6. Capacity Analyses Results—Future Conditions............................................................. . . .2 3 III Introduction This report summarizes the methodologies, results and findings of a site traffic and access analysis conducted by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for the proposed Kendall Marketplace commercial and residential development proposed in the northwest quadrant of the intersection of US 34 and Cannonball Trail in Yorkville. Illinois. The 193-acre site is currently undeveloped. The commercial development proposes approximately 1,000,468 square feet of gross leasable retail area, which includes several anchor tenants, inline retail, and outlots that will front both US 34 and Cannonball Trail. The residential development, located north/behind the retail development, proposes 28 single-family homes and 164 townhomes. Lot 20, an 8.35-acre parcel, located at the northeast section of the development(along Cannonball Trail)has been dedicated for civic use. The site has over 2,000 feet of frontage along US 34, and over 2,100 feet of frontage along Cannonball Trail. Five access driveways are proposed with this development: two on Cannonball Trail and three on US 34. A traffic signal is proposed for the main access driveway on US 34 serving this development. In addition, Kendall Marketplace will also have access to the planned Beecher Road. which will run adjacent to the western edge of the property, continuing south of US 34. It is important to note that for the purposes of this study, it was assumed that Beecher Road would be built as a five-lane cross- section (two through lanes in each direction with a landscaped median to provide left-turn lanes) and will serve as a driveway to the Kendall Marketplace development north of US 34. No through traffic generations from regional growth were added to this roadway for the traffic analysis. In addition to the proposed access driveways for this development, the following two existing intersections were analyzed in this study: 1. Cannonball Trail and US 34 2. Cannonball Trail and IL 47 The following sections of this report present the following: Existing roadway conditions, including manual turning movement traffic volumes for the weekday morning and afternoon peak hours A detailed description of the proposed development Vehicle trip generation for the proposed development Directional distribution of development-generated traffic 1 • Futuire transportation conditions, including access to and from the site • Traffic analyses for the weekday morning and afternoon peak hours for the following four conditions: 1. Condition 1: Existing Conditions (Year 2006) - Analyzes the capacity of the existing roadway system using currently recorded traffic volumes in the surrounding area. 2. Condition 2: Build Condition (Year 2010) - This condition analyzes the site buildout by incorporating the existing traffic volumes with the projected site- generated traffic volumes, nearby planned developments, and an ambient regional traffic growth factor of 1.24 (6 percent per year for four years) applied to all twelve movements at the intersection of US 34 and Cannonball Trail. These volumes were added to the through volumes for the access driveway intersections along both Cannonball Trail and along US 34. 3. Condition 3: Year 2016 - In compliance with the Illinois Department of Transportation (IDOT), traffic for the study area was projected to Year 2016. which includes Condition 2 data, but with a traffic growth factor of 1.60 (60 percent of' Year 2006 existing traffic volumes). 4. Condition 4 Year 2026 — Similar to Condition 3, in compliance with IDOT requirements, traffic was projected to Year 2026, which incorporates Condition 2 data, but with a traffic growth factor of 2.20 (120 percent of Year 2006 existing traffic volumes). • Recommendations with respect to site access and circulation and to the surrounding roadway network for each analyzed condition, as appropriate. The primary purpose of this study was to assess the impact that the proposed development would have on traffic conditions in the area upon full buildout(Condition 2),and determine if any street or access improvements are necessary to solely accommodate the proposed development. Existing Conditions Existing traffic and roadway conditions were documented based on field visits and traffic counts conducted by KLOA, Inc. The following provides a detailed description of the physical characteristics of the roadways including geometry and traffic control, adjacent land uses and peak hour traffic flows along area roadways. The 193-acre site is bordered by farmland to the north and west, Cannonball Trail to the east. and US 34 to the south. Figure 1 shows the location of the site in relation to the area street system Figure 2 shows an aerial view of the site area 2 900R Denise Ct v Z^ CL ham' ,�Fk G SITE L" G 5 �S Muhsm Ct E CasMtI.&PWV 4 < A W JotK`St Jets St bQrJ r CK G `7 Hlklew A., s UO v � letsire St s g Pleasure N Conover t,n GeorQeanns St Laroart,Q' waken St Jackson St ppVk Tres Ct W- a z IE park st 2005 Quest.com Inc. OANM NAVTEQ Site Location Figure 1 3 f � y n p _ c - 2;,.--- �^� "`"-.,,-,.,i_ .a s.= i, >z'•� irPhotoUSA Aerial View of Site Location Figure 2 Existing Roadway System Characteristics The characteristics of the existing streets that surround the proposed development are illustrated in Figure 3 and described below. US Route 34 is a two-lane (one travel lane in each direction) east-west arterial highway At its signalized intersection with Cannonball Trail, a left-turn lane, through lane, and a right-turn lane are provided on both the east and west approaches. The posted speed limit in the vicinity is 55 mph, and on-street parking is prohibited. It is our understanding with conversations with IDOT. that there are eventual plans to widen US 34 to a five-lane cross-section, providing two through lanes in each direction with a landscaped median that can be used to carve left-turn lanes at major access roadways. This highway is under the jurisdiction of IDOT. ('annonball Trail is a two-lane north-south major collector roadway that runs east of IL 47 to south of US 34. At its signalized intersection with IL 47, a shared left/through/right-turn lane is provided on both the east and west approaches. At its signalized intersection with US 34. a separate left-turn lane and a shared through/right-turn lane are provided on both the north and south approaches. The posted speed limit is 45 mph, and on-street parking is prohibited This roadway is under the jurisdiction of the United City of Yorkville. Existing Traffic Volumes Manual traffic movement counts were conducted on December 1, 2005 during the weekday morning (6.30 to 8:30 A.M.) and the weekday afternoon (4 30 to 6:30 P.M.) peak traffic periods at the following two intersections: 1. Cannonball Trail and US 34 2. Cannonball Trail and IL 47 The traffic count data indicates that the weekday morning peak hour occurs between 7.15 and 8 15 A.M. and the weekday afternoon peak hour occurs between 4:45 and 5:45 P.M. Observations of signalized intersections noted significant vehicle queuing during peak periods. Average Daily Traffic (ADT) count data was obtained from the Illinois Department of Transportation. According to 24-hour counts conducted in July 2005, the ADT on US 34 is 20.000 vehicles (10,000 vehicles eastbound; 10,000 vehicles westbound), and the ADT on IL 47 is 16,800 vehicles (8,500 vehicles northbound; 8,300 vehicles southbound). Figure 4 shows the recorded traffic volume counts for the morning and afternoon peak hours, as well as the ADT volumes. LEG EN TRAVEL LANE 4' 8 - TRAFFIC SIGNAL 1. ..... - PROPOSED DRIVEWAY h t P NOT TO SCALE S --------------------------------------. -------- Py ?r SITE rn $ , ACCESS r Z Z ' U ; D D D n n f1 A n f1 m m m r ifA .cn N 01 , L r _ 1--"----- -------------- r 4 VETERANS PARKWAY PROJECT: TITLE: PROJECT N0: 05-384 KENDALL MARKETPLACE EXISTING ROADWAY SYSTEM KZAUI. YORKVILLE. ILLINOIS FIGURE N0: 3 W LEGEN t_l5 001 00 - WEEKDAY AM PEAK HOUR (7:15-8:15 AM) "c .-.40 R51 (00)- WEEKDAY PM PEAK HOUR (4:45-5:45 PM) s `bo 1451 - ADT VOLUMES PROVIDED BY IDOT 4 NOT TO SCALE 65 1601 S t 120 1451 o G o l0 1201�1 r a ' O F � ' 1 D7:, ..4 w Zmt ; o n: <� SITE J Z ACCESg 2 ; Oz 2 � � U D D D n n n , m n M m m ;y � o�m 1 N a G ADT.10,000 1 L i' .-425(50501 -------- ---------------'---------------`------------- - y 125 (85) US 34 ADT-10,000 loo 1501--t t r VETERANS PARKWAY 140 14501-+ o t ig 85 1401 m" PROJECT: TITLE: PROJECT 40.. 05-384 KENDALL MARKETPLACE YORKVILLE, ILLINOIS EXISTING TRAFFIC VOLUMES AaAQA;. FIGURE NO: 4 Traffic Characteristics of the Kendall Marketplace Development To evaluate the impact of the subject development on the area street system, it was necessary to quantify the number of vehicle trips the site will generate during the weekday morning and afternoon peak hours, and then determine the directions from which this traffic will approach and depart the site. Proposed Site and Development Plan As mentioned, the site is currently undeveloped and is located in the northwest quadrant of the intersection of Cannonball Trail and US 34 in Yorkville, Illinois. The commercial development proposes approximately 1,000,468 square feet of gross leasable retail area. which includes several anchor tenants, inline retail, and outlots that will front both US 34 and Cannonball Trail. The residential development, located north/behind the retail development. proposes 28 single-family homes and 164 townhomes. Lot 20, an 8 35-acre parcel, located at the northeast section of the development(along Cannonball "frail) has been dedicated for civic use Site Access The site has over 2,000 feet of frontage along US 34. and over 2,100 feet of frontage along Cannonball Trail. As such, five access points are proposed for this development Access 1 and Cannonball Trail —Located approximately 2,100 feet northeast of US 34. this proposed full access driveway will provide access to both the residential and commercial developments, in addition to the civic use parcel (I,ot 20). Access 2 and Cannonball Trail — Located approximately 930 feet northeast of US 34 and approximately 340 feet southwest of Hickory Lane, this proposed full access driveway «III serve the outlots and commercial along Cannonball Trail Access 3 and US 34 — Located approximately 400 feet west of Cannonball Trail, this proposed access driveway will be restricted to nglmt-in/right-out (RIRO) only movements. under stop-sign control. This driveway will supplement Access 4. • Access 4 and US 34 - A full access driveway on US 34, located approximately 1,120 feet west of Cannonball Trail and approximately 900 feet east of the proposed Beecher Road alignment intersection(to be signalized) Access 4 proposes to be signalized, providing full access to US 34. x Access 5 and US 34 — Located approximately mid-distance between Access 4 and the proposed Beecher Road (approximately 450 feet in either direction), this proposed access driveway will be restricted to RIRO only movements, under stop-sign control. Similar to Access 3,this driveway will supplement Access 4 As mentioned, Beecher Road will be constructed as a five-lane cross-section, extending north ol'tiS 34 to the extent of the Kendall Marketplace property line. As such, it was assumed for the purposes of this study that the intersection of US 34 and Beecher Road would serve as a sixth access driveway to the Kendall Marketplace development, where internal driveways (for both the commercial and residential sections) in the Kendall Marketplace development would intersect Beecher Road Figure 5 illustrates the proposed access driveways to this development with their respects e spacing(distance in feet)to each other and the existing signalized intersections Directional Distribution of Site Traffic Two directional distributions were established for the proposed site; one for the residential land use. the other for the retail land use The residential directional distribution was based on the existing travel patterns near the site and the operational characteristics of the street system The retail directional distribution was estimated based on the location of existing and proposed surrounding residential developments. The anticipated directional distributions of site tratfc are shown in Table 1 and illustrated in Figure 6. Table 1 DIRECTIONAL DISTRIBUTION OF SITE-GENERATED "I'RAFFIC Direction To/From Residential Distribution Retail Distribution North on IL 47 40% 10% East on Cannonball Trail (east of IL 47) 5% 5% South on Cannonball Trail (south of US 34) 0% 5% West on US 34 15% 35%, East on US 34 40 450/, Total 100% 100 9 LEG EN +00— - DISTANCE BETWEEN INTERSECTIONS (IN FEET) NO1 10 SCALE 'r P J m ', ACCESS 1 I Z ni SITE a 1 rol ', Z ,1 ACCESS 2 2 H"Cony LLN 1 1 ' ' U1 .m :tn iH N c� N , 1 1 1171 :A iW I 1 I 1 1 1 I L-------------------------------------------------------- J S 450' 730' 400' VETERANS PARKWAY 900' 1,120' 2,000' PROJECT: TITLE: PROJECT N0: 05 184 KENDAL[ MARKETPLACE PROPOSED ACCESS SPACING AUZW'h YORKVILLE, ILLINOIS FIGURE N0: 5 1 n O LEGEND 00 - RESIDENTIAL DISTRIBUTION (00)- COMMERCIAL DISTRIBUTION i - - LESS THAN 57 NOT TO SCALE 3 ACCESS z n: 40 SITE ir zvs. � m rn ACCESS 2 O cn , V , n � N :N(n :y fy 1 , , --15% (357) -- -- ---------------.------------- - ------------- —40% (45%)--- us 34 VETERANS PARKWAY } Ln PROJECT: TITLE: PROJECT NO: OS-384 KENOnLL ME. ILLI OIS ESTIMATED DIRECTIONAL DISTRIBUTION Aaa4h YORKVILLE, ILLINOIS FIGURE N0: 6 LEG EN 00 - WEEKDAY AM PEAK HOUR (7:15-8:15 AM) (00)- WEEKDAY PM PEAK HOUR (4:45-5:45 PM) r zo 173' NOT 10 SCALE S�u115't -------------' m ACCESS .l j 59 052) Ilz4,z ; 1 1 <m` SITE a ag/ _j m ACCESS z ✓ j o i 2 t ` (150)- m^ D n D ?o 1 n m �a M :y ;m 7N :y , 1 7{71 .wt 7A 741 �•PA H 16 (63) t 76 (126) I 4: 62(24 3) �J p0 1163) - �l L � 4.-42 1951 1 70 1427) : .-74 1&091 d 60(3641 ---------------�---------------I-------------- .-(4'1(5601 QS 34 4211541-�; VETERANS PARKWAY 4 96 (332)-+ 7 76 1272) 2ot60) t 1 50 (280-+ 90 (548)— 5 1341-i n n 00 PROJECT: ITITI E: PROJE_I N0: OS 384 KLNDALL MARKETPLACE SIZE - GENERATED TRAFFIC VOLUMES /1Qali�1�� YORKVILLE, ILLINOIS FIGURE NO: 7 Site Traffic Generation The estimates of traffic to be generated b) the proposed Kendall Marketplace development arc based upon the proposed land use types and sires I he X olume of traffic generated was estimated using data published in the Institute of"Transportation LngJneers (ITL) Trij) Generalion .11unnul. 7"' Edition. The number of single-family homes and townhomes and the square footage of'the retail development were used as the independent variables in determining the site-generated traffic. In addition, a pass-by trip reduction of 210"/, was applied to the retail traffic. Table 2 tabulates the total trips anticipated with this deN elopment during the weekdaN morning and afternoon peak hour periods, as well as daily Table 2 ESTIMATED SITE-GENERATED PEAK HOUR I RAFFIC VOLT JMLS Weekday A M Weekday P M Peak hour Peak Hour ITE Land- Use Code Type/Size In Out I otal In Out 'I otal I)ail� 210 Single-Family-28 Units 10 20 30 25 10 35 230 Townhomes— 164 Units L5 60 25 60 30 Zm 980 Total Residential Trips: 25 80 105 85 40 125 1,305 820 Retail— 1,000,468 s f 3810 245 x,25 1,380 1,490 2.870 , 19� Less Retail Pass-By(20%) -?5 750 =124 2ZS ADO -575 -6.070 Total New Retail Trips: 305 195 500 1,105 1,190 2,295 24,325 Total Kendall Marketplace Trips: 330 275 605 1,190 1,230 2,420 25,580 Site Traffic Assignment The peak hour traffic volumes projected to be generated by the proposed Kendall Marketplace development (refer to Table 2) were assigned to the area roadways based on the directional distribution analysis (Table 1. Figure 6) and the proposed access driveways. Figure 7 shoes the assignment of the site-generated peak hour traffic volumes. 1? i Background Traffic Developments and Future Roadway Improvements Traffic volumes in the study area were projected to Year 2010 (the Year the proposed Kendall Marketplace development is expected to be completed) and to Year 2016 and Year 2026(per IDOL requirements). Projected non-site traffic volumes include all existing traffic and traffic related to any nearby specific developments expected to he completed and/or occupied by Year 2010. in addition to a regional traffic growth factor applied to all three future conditions. Anticipated site- generated traffic volumes (refer to Table 2 and Figure 7) were then superimposed upon these non- site related volumes to reflect the total traffic conditions for these respective years xwh the proposed site development. The analysis also considered roadway improvements proposed NN ithin the study area environs. Future Roadway improvements The following roadway improvements were considered when analyzing the future conditions I1S Route 34 According to IDOT. US Route 34 is ultimately planned to provide two travel lanes in each direction with an 18-feet wide median i1,47 and Cannonball Trail It is our understanding that an eastbound left-turn lane is to be constructed at the intersection o1 IL 47 and Cannonball Trail This turn lane vvas incorporated into all three projected conditions Beecher Road Extencinn As mentioned,Beecher Road has been identified as it five-lane cross-section, providing tx,,o through lanes in each direction For the purposes of this study, it was assumed that Beecher extended onl\ to the north edge of the Kendall Marketplace dex elopment and to the river to the south, serving all the primary access to the Rush-Copley Medical Center Campus. 14 Planned Development Three planned developments were included in the future traffic projections for the purposes of'this traffic study: Blackberry Woods, Kimball Hills domes. and the Rush-Copley Medical Center Campus. • Blackberry Woods development, located south ol'US 34 on Cannonball "frail, proposes 1 single-family homes. • Kimball Hills Homes development is located on (annonball "frail, north of the subject development. Construction of the planned 445 single-family homes development h,ts already begun. A school and park is also planned for this development • Rush-Copley Medical Center Campus will include a 300,000 square feet hospital. it 42.000 square feet medical office building«ith a surgicenter and urgent care, a 115,000 square feet fitness center, and 40,000 square feet of retail. "1 his development will be located south ()l US 34, with primary access from the Beecher Road extension The total trips expected lot these three developments are tabulated in i able Table 3 ES HMATED BACKGROUND-GENERA 1'ED PLAK I LOUR TRAFFIC VOLUMES Weekday A M Weekday P M Peak Hour _ Peak Hour Development In Out Total In Out I otal Daik Kimball Hill Homes 155 295 450 265 150 415 4.540 Blackberry Woods 25 80 105 90 50 140 1,370 Rush-Copley Medical Campus 520 335 q25 915 274 1,.8.85 16_745 Total Trips: 180 375 555 355 200 555 5,910 Figure 8 shows the assignment of the background development peak hour traffic volumes as thcN relate to the study area involved with the Kendall Marketplace development "fhe residential and commercial directional distributions established for the Kendall Marketplace were used fo► the respective planned background developments. Background Growth To comply with IDOT's standards, analyses were conducted for Year 2010, Year 2016, and Year 2026 conditions, where the pre-established gro)Ath factor of 6 percent per year was applied to the existing traffic volumes recorded at the US 34 and Cannonball frail intersection (24 percent lot Year 2010; 60 percent for Year 2016, 120 percent for Year 2026) 15 W LEGEND ° 00 - WEEKDAY AM PEAK HOUR (7:15-8:15 AM) � y qp t65� (00)- WEEKDAY PM PEAK HOUR (4:45-5:45 PM) NOT TO SCALE 'gpol�o�� ------------------------------------------------"--- ------------------O J ' H + m'. 3 SITE o Q' N Ic o ry m m ACCESS y 0 , a , U D D D T l7 , n n n o o � I cn En in N p A y . ) 1 L 4_40 (70) .-45(25) ;t-430 (6201 ' 265 14101 ------- ------- ---------------' `10(35) `c 385 (595)x- US 34 20 (40)-� r 240(670)— 65(175)� t r VETERANS PARKWAY 205 1320)Z t 155 14301-� _ as 20 (65!:7 aNb . I PROJECT: 111 LL: PROJECT NO: 09 384 KFNDALI MARKETPLACE BACKGROUND DEVELOPMENT TRAFFIC limdI� YORKVILLL, ILLINOIS FIGURE N0: 8 Total Projected Traffic Conditions Roadway and adjacent or nearby intersection capacity analyses were perfon-icd for the fiollc�\\Im, four conditions: 1 Condition 1: Existing Conditions (Year 2006) - Analy/cs the capactty of the existui�o roadway system using currently recorded traffic volumes In the surrounding area 2 Condition 2: Build Condition (Year 2010) - "I his condition analyzes the site buddout h\ incorporating the existing traffic volumes with the projected site-generated traffic xolunie,. nearby planned developments, and an ambient regional traffic grownh factor of' 1 24 (6 percent per year for four years) applied to all twelve movements at the intersection of t S 14 and Cannonball Trail. These \oluincs were added to the through volumes foi- the access driveway intersections along both Cannonball I mil and along US 34 Total projected traffic volumes for Year 2010 arc shown In Figure 9 3 Condition 3• Year 2016 - In compliance with ilte Illinois Department of Transportation (IDOT), traffic for the study area was projected to `f car 2016, which Includes Condition 2 data but with a traffic growth factor of 1 60 (60 percent of Year 2006 existing traffic volumes). 'Total projected traffic volumes for Year 2016 are shown in Figure 10 4 Condition 4• Year 2026— Similar to Condition ). in compliance with IDOT requirements. traffic was projected to Year 2026, which incorporates Condition 3 but with a tiaftic growth factor of 2.20 (120 percent of Year 2006 existing traffic volumes) Total projected traffic volumes for Year 2026 arc shown in Figure 11 Evaluation The following provides an evaluation conducted for the weekday morning and afternoon peak hours to determine the impact of protected site traffic and ft►ture planned background traffic on the surrounding roadway network and at the site access locations. The analysis include, conducting capacity analyses to provide an indication of how well the roadway facilities sere the anticipated traffic demands placed upon them fOr the future (Year 2010, 2016, and 2026) conditions. 17 N� 00 ��801 LEG ND 4213 00 - WEEKDAY AM PEAK HOUR (7:15-8:15 AM) (454 (00)- WEEKDAY PM PEAK HOUR (4:45-5:45 PM) NOT TO SCALE 3��i40s10 -------------------------------------------------------------------- J m '? ACCESS 5p"241 { al r SITE Q 0.- ZACCESS 2 l; 0 253f15p11� r i D n n n .m m m :tn IN �--62 ne31 ;'k- (1631 o t-16 16.11 16 J26) �f I 1150 121691 .� { 200 123311 1 - 142 (225) N^^ .-775 0637); —1164 12214) —933 (1900) `r-385 4595) 165(140) US 34 42 1154)--� f '� t 76)2721--t 210(295)-� '� 1 (' VETERANS PARKWAY 1266 (1037)-+ 1440 (1616)-+ 1165 (15331-+ _ 205 1320)7 e a n 130 (1491--� '7; -- o °mti.n m N - PROJEC 1: 1 Il)C — --- -- PROJECT NO ) 8 1 KENDALL MARKLTPLACL T01 AL_ PROJCCTCD TRAF F IC VOLUME- YEAR 2'010 la w)" YORKVILLE, ILLINOIS FIGURE NO: 9 N N LEGEND g° x-15 ti0) 00 — WEEKDAY AM PEAK HOUR (7:15-8:15 AM) (a (00) — WEEKDAY PM PEAK HOUR (4:45-5:45 PM) 51 NOT TO 5 CALF \\ o V 1------------------------------------------------------------------- -z 'J m '•, ', ACCESS t J l; 59 u z fmit 50 tl141 ser r { SITE Q c° zoll �N h D'• 1 O O -LQ• 1�`.I J m m tiCC � 2 ESS 2 $ I](901 2 1 �5 (150) V •) r D D Cl) n CA1 6;8 m n n n o M m On CA 11 m m i N OI 1 V iN c� iA m iW Pte` O�N•. '1 � �� V NON L 16 4—62(243) ti �_ N N N o lb cb]1 a(1261 I 1350 (25141 .� r 1400 126761 `J 1 L :/—:062 1245) 'x-975 (1982): '-1364 (25591 385(5951 ---------- ------- (2170) ---�----------------' 8 11(21 41 (154)' 1 VETERANS PARKWAY 1626(12371 ( � i r 0 ((1T2) 245 6981 '� t �' 205(320) o100 1800 (18(61 (460 (16981--. 160 11641__l* N o°O '`1�•O =N In N V O O (PROJE C is PROJFC l N0: ;J 5tl i KLNDALL MF. ILLI OIS' TOTAL PROJEC I E TRAFFIC VOLUMEC - YEAR 20i6 K�daF, YORKVII_L_E. ILLINOIS FIGURE NO: 10 m LEG N >� k-V5(1o, 00 - WEEKDAY AM PEAK HOUR (7:15-8:15 AM) ��wit (00)- WEEKDAY PM PEAK HOUR (4:45-5:45 PM) NOT TO SCALE i0�`gp1� o po �✓ __________________________________________________ r_________________ J mACCESS 7 Zm': 509(124) '; f <m`= SITE �' Q D A h 2O 1 v m' m ZACCESS 2 J 4" 25(150)1 Q D D D m� n m IV) .. :N 'y hAry to 1243) 59 0611 192 (275)x-16 1631 16 !1261 62 1290 (2552) �—1679 13129' I 1665 13084) .� I.—1715(7246) �. .-1343 (2620) .) 1 �. '• ` 385 (5951=---------------'----------------,-------- --- --' x285(220) US 34 ems. 42 (154) t (' 16 12721—� 305 (345) t r VETERANS PARKWAY 2146 (1562) — 12140 1870 0968)—. 205(320) 002 210(189), 0i Na; �.p NON Vf O O�N PROJFCT_ TITI F. PRO IF( T NO: J1 _Sb4l KLNUAI L MARKS IPL AU 1 OTAL PROJECTED TRAFFIC VOL_UMES - YEAR 2026 /azwK OI YORKVIL LE, ILLINS FIGURE N0: 11 Traffic Analyses The traffic analyses were performed using thL' niethodol,)gies outlined in the Transportation Research Board's Highway Culnicrw rllaintul 01CU), 000 and modeled using Synchro 6 U software The analyses for the traffic-signal controlled mteru•ctions were accomplished using field observed cycle lengths to determine the av crage ov crall vehicle delay, volume-to-capacity ratio,. and levels of service. The analyses for the unsignalized intersections determine the average control delay to vehicles at an intersection. Control delay is the elapsed time from a vehicle.loining the queue at a stop sign (includes the time required to decelerate to a stop) until its departure from the stop sign and resumption of free-flow speed. The methodolog) analyses each intersection approach controlled by a stop sign and considers traffic volumes on all appioaches. lane characteristics. and the percentage of heavy vehicles. the ability of an intersection to acconunodak traftic flow is expressed in terms of icvcl of service. which is assigned a letter from A to 1, based on the average control Bela) experienced by vehicles passing through the intersection Control dcla) is that portion of, the total dclaN attributed to the traffic signal or stop sign control operation. and includes initial deceleration delay. queue move-up time. stopped delay, and final acceleration delay. bevel of Service ,\ is the highest grade (best traffic flow and least deli)). Level of Service F, represents saturated of at-capacity conditions, and Level of' Service 1 is the lowest grade (oversaturated conditions. extensive delays). Typically, Level of Service 1) is the lowest acceptable grade for peak hour conditions in a suburbanizing environment The Highii,uy('upucuy Manual definitions for levels of service and the corresponding control delay for both signalized and unsignalized intersection)arc shown in Table 4 Summaries of the capacity analysis results for the cm zting traffic conditions are shovvn in Table 5. Summaries for the future conditions are presented in Table 6. A discussion of' the hcv intersections follows. �l Table 4 LEVEL. OF SERVICE CRITERIA Signalized Intersections Level of Interpretation Average C ontrol Service Delay (seconds per\chic IC) A Very short delay, with extremely la\o►ablc progression Most - 10 vehicles arrive during the green phase and do not .top at all 13 Good progression, with more vehicle, stopping than for Level of 10- 20 Service A,causing higher levels of ave►a_c Bela\ C Light congestion. with individual cycle tailure� beguuimg to appear 2t► 35 Number of vehicles stopping is significant at this leve I D Congestion is more noticeable, with longer delays resulting from > 35 combinations of unfavorable progression, long cycle Lengths, or high V/C ratios Many vehicles stop, and the, proportion of \ehicles not stopping declines 1' Limit of acceptable delay Ifigh delays result from poor progression, > 55 80 high cycle lengths, and high VIC' ratios F Unacceptable delays occurring. with o\eisaturalum - 80 Unsignalized Intersections Level of Service A\erare Control Delay(seconds per vehicle) A 0- 10 B > 10- 15 C 15 - 2�, D > 25- 34 F > 35 - 50 F > 50 Source ll►ghwgy C'apacrty Afanual,2000 Table 5 CAPACITY ANALYSES RESULT'S - FAIS"I MI CONDI ITON Weekda) A M Weekday 1' M Intersection Peak How Peak Hour Cannonball Trail at US 34 (signal) C - 2 1 C --24 2 Cannonball Trail at IL 47 (signal) 13 - 1') 4 f3 - 14 7 LOS - Represents the intersection as a whole, unleti, the approach is noted Delay is measured in seconds. Table 6 CAPACITY ANALYSES RESULTS - FUTURE CONDI I IONS Weekda) �\ 111 Weekda) [' M Peak Hour __ Peak I lour Year Vcat Year Ycai 2026 Intersection 2010 2016 _ 2026 2010 2016 Cannonball Trail at US 34 (signal) C-26 8* C- 31 71 C 3 3 `* [) - 53 0* k-- 77 5* I 8 Cannonball Trail at IL 47 (signal) C-21 4* C- 23 0 C 24 1 C -27 5* C -29 0 1) ;( US 34 at Beecher Road (signal) C' -24 3* 1) 35 6 (' 26 -* I)-38 3* F -55 1 1)- i F US 34 at Access 4 (signal) t3- 1 0 0* 13- 1 2 0 A 9 8* C' -31 1* [; 56 6 13 I O W Cannonball Trail at Access I (TWSC) R- 13 8* C- 150 C 17 3 D -283* [) 14 3 1 is Cannonball Trail at Access 2 (TWSC) 13 -- 12 7* 13- 13 6 C 15 ? C - 19 7* C 22 4 [) 26 8 US 34 at Access 3 (RIRO) 13- 115* 13- 123 A 1) 2* C - 237* F - 506 13 i= �^ US 34 at Access 5 (RIRO) 11- 11 2* 13 11 6 A 93* C - 15 1* D-274 * -Geometric and/or traffic control improvements are needed LOS-Represents the intersection as a whole, for I WS( Jhe I OS i:pie,entti the ininoi appro,ich Dela) is measured in seconds TWSC - I'wo-way stop controlled intersection Recommendations Based on the analyses for the three projected Lo ndition," roadway geometric Improvement, and traffic control improvements will he needed I he improvements recommended tin the Year 2010 condition (bulldout of the suhleCt d0elopment and planned background developments) are also applicable to the Year 2016 condition. where no additional lmproN ennent" are needed" except for the intersection of I)S 34 and Cannonball Trail. which will require dual left-turn lanes on US 34 for the Year 2016 condition I he Year 2026 condition Include, additional improvements to US 34 Figure 12 illustrates the recommended nmprovenlent�, for Year 2010 condition, Ilie Improvements are distinguished between "Con Idor Improvements" and "Site ImproN enlent, Corridor improvements arc those Improvements that arc needed based on a combination oI planned background developments and overall regional growth in the area. Site Improx anent. are those improvements specifically linked to the Kendall Marketplace development Year 2010 1 Cannonball 1 rail and 11 47 o Eastbound left-turn lane (pro\Idcd by others) o Additional through lane on 11 47 • North approach Right-1.11111 lane. two through lanes. Iclt-ttn-n lane • South approach Shared through/right-turn lane, through lane. and left-turn lane Note. 11_ 47 widening is not directly related to the Kendall Marketplace development and is considered a corridor Improvement 2 Cannonball frail and US 34 • Southbound right-turn lane • Northbound right-turn lane • Additional through lane for both eastbound and westbound traffic oil US 34. o Eastbound right-turn lane ,4 GEN * - SITE IMPROVEMENT ** - CORRIDOR IMPROVEMENT - PROPOSED STOP SIGN ® - PROPOSED TRAFFIC SIGNAL NOT TO SCALE A m AOOESs Q1t SITE a ACCESS 2 yl n n n .m m m in y En fy i J11�.'; ' •' �: -------------- -----` ---- -- ** US 34, +--# T 1 t t r .� t (. VETERANS PARKWAY .' 1 PROJL( 111 LE• PROD[C I NO ;hG Kf_NUALL LE, ILLINOIS E �;I Pc � L1i R(U)A�:WAY 1MPR{ Li�✓E�,�Lnir _ YLAR -�nIn YUHK.ViI LE, ILLINOIS `v " � v �v � � � Aviv ACL4341\ F IGURE NO: ,? 3 US 34 Corridor o Widen US 34 from it twig-lane cios�,-section to a live-lane cross-Section beginning cast of Cannonhall "i rail and tapering back to a two-lane cro>.- section west of ficecher [load it is important to note that the w idcning of US 34 to a five-lane cross-section i� needed to accommodate not only the trailic generated by the Kendall MarkctplaLC development, but also to accommodate the traffic generated by the planned background developments and the expected general growth in traffic assumed under the future conditions. 4 Cannonball Trail Corridor o Widen Cannonball 'I rail to a three-lane cross-section heginning north of Access 1, where the centei two-wuti left-turn lane becomes the southhound lelt-turn lane at its intersection with I S 34 -5. Cannonball Trail at Access 1 • Northbound left-turn lane on Cannonhall "frail • Access 1 driveway should pro-,ide one inbound and tN-.o outbound lane>, striped as a left-turn lane and it right-11-11.11 lane The outbound land ZhoulJ be under stop-sign control • This intersection should he periodically monitored to determine it it traffic signal is warranted/needed to allow protected passage for exiting traffic onto Cannonball 'I rail 6. Cannonball 1 rail at Access 2 • Northbound left-turn lane on Cannonball I rail • Southbound right-turn lane on Cannonball 1'rail • Access 2 driveway should pro%ide one inbound and tX+o outbound land. striped as a left-turn lane and it right-turn lane The outbound lane~ should be under stop-sign control o The traffic volumes at this intersection do not warrant it traffic however, it is recommended that this intersection continue to be numitored once the development is completed to determine ifthe tiallic Volumes then warrant a traffic signal Ilse analyses indicate that th.s intersection will operate at an acceptable LOS)S w ith \Ck:es> 2 under stop-Sign control 26 7 US 34 at Access 3 (BIRO) and (IS 34 at recess ; (RIRO) O Westbound right-turn lane on l IS 14 • Access driveway should pro%ide one inbound and one outbound lane. the outbound lane should be tinder stop-Sign control • A raised island Should he constructed to physically restrict the turning, movements The design of the raised island should cnscn-e that serN ire delivery trucks and emergcnc} re,ponsc vehicles could make the required turning movement. 9 US 34 at Access 4 • Signalize the intersection — the projected traffic volumes warrant a signal • Westbound right-turn lane on l IS 34 • Eastbound left-turn lane on (IS 14 • Access 4 should he a five-Rine cros,-sc-ctnorn, providing two inbound lane,. two southbound left-turn lane, and one southbound right-turn lane 9 IJS 34 at Beecher Road • Signalize the intersection • North Approach left-turn lane, two throiigh lanes, right-turn lane • South Approach- left-turn lane. NVO through lanes. right-turn lane • West Approach left-turn lane. two through lanes, right-turn lane • East Approach left-turn lane. t«o through lanes, right-turn lane Year 2016 At the intersection of US 34 and Cannonball 'I rail, dual left-tarn lanes will be needed on the ca-,t and west approaches. The need for these dual left-turn lam,, is a result of the increase un m eiall traffic growth applied to the movements at this Intersection (60 percent), and is not directl-, attributable to the Kendall Marketplace development Year 2026 This projected condition incorporates all of the -comedic and traffic control recommendauoil for the Year 2010 and Year 2016 condition, in addition to the following: Based on the 2.20 growth factor applied to tile existing traflie %olumes, the analyses Indicate that US 34 will need to be widened to proxide three through lanes in each direction As mentioned. projecting to Year 2026 is an [DOT reLluirement and i5 used for informational purposes onIN ')7 Conclusion The Kendall Marketplace development will ha\c o\cl 2,000 Icet of Irontage along US 34 and oxci 2,100 feet of frontage along Cannonball Frail. neLessltatln_ the need for the proposed 5 acce„ driveways (in addition to those access drtvcwa\, that \,-,ill be dexeloped on Beecher Road) I lice driveways. according to the capacity analyses. «III cflecti-vely disperse the site-generated t►atiic to/from the adjacent roadway network "1 he traffic control and roadway geometric Imprm ement, can be phased to coincide with the development tive The proposed Access l and Access 2 on Cannonball I rail should he periodically Illonn01-CLI W determine iftraffic signals are warranted Kendall Marketplace in York\IIIL 6-29-2006%Nrn dot, Zx DEVELOPMENT AGREEMENT PROJECTI Between the UNITED CITY OF YORKVILLE, ILLINOIS And CANNONBALL LLC Dated as of , 2006 N TABLE OF CONTENTS ARTICLE I - DEFINITIONS ............................................................................ 2 ARTICLE II - DESIGNATION OF DEVELOPER .............................................. 5 ARTICLE III - CONSTRUCTION OF DEVELOPMENT PROJECT.................... 5 3.1 Construction Schedule..................................................................... 5 3.2 Developer to Construct the Project................................................... 6 3.3 SSA Improvements............................................... :.. .................... 6 3.4 Construction Contracts; Insurance ................ .................................. 6 3.5 Governmental Approvals.....................................4............................ 6 3.6 Concept Site Plan .................................. :;............ .......................6 3.7 Construction Plans ................................ :.. .... .::y.................... 6 3.8 Certificate of Substantial Completion""... ................... 7 3.9 Fees.......................................... ..... 7 ARTICLE IV- PAYMENT OF DEVELOPER COSTS :....................................... 7 4.1 City's Obligation to Pay Developer :.............I.................................. 7 4.2 Reimbursements Limited to Project Costs; Developer's Right to Substitute ........................................... .... :.......................................... 8 ARTICLE V- SPECIAL SERVICE'ARE,A BONDS/BUSINESS DISTRICT SALES TAX BONDS (PROJECT I) .. 8 5.1 Bond Ordinances: Pledged`Taxes .............................................. 8 5.2 Application of Revenues ..........:. ........... ...................................... 8 5.2.1 Business District Sales Tax Bonds (Project 1) ....................... 8 5.2.2 SSA Bonds .... ........ ......................................................... 8 5.3 Issuance of Bonds. .................... .............. 5.4 Conditions of Issuance............. ........................................................ 9 5.5 City's Bond Epenses ......................................................... 9 5.6 Disbursements to Developer ............................................................ 9 5.7'Maturit3�of Bonds, ............................................................... 10 5.8 Cooperation in the fssuance of Bonds ............................................ 10 .9 No Other Bonds or Uses of Special Service Area Revenues and Business District Sales Tax Revenues.................................................. 10 5.1}©Rescission of the Business District Sales Tax............................... 10 ARTICLE VL ,COLLECTION AND USE OF REVENUES................................ 10 6.1 Creati 7.3 Force Majeure................................................................................ 13 7.4 Notices .......................................................................................... 13 7.5 Insurance; Damage or Destruction of Project ................................. 14 7.6 Inspection...................................................................................... 16 7.7 Choice of Law ................................................................................ 16 7.8 Entire Agreement; Amendment ...................................................... 16 7.9 Counterparts................................................................................. 16 7.10 Severability............................................................ ................... 16 7.11 Representatives Not Personally Liable ........... ........ 16 7.12 Indemnification............................................. ..................... 17 7.12.1 Invalidity.......................................... .... .................... 17 7.12.2 Damage or Injury...................... ........ ....... .................. 17 7.12.3 Personal Liability 17 ty.............. 7.13 Survival................................................................ .. 17 7.14 Legal Opinion .................................... ........................... ............. 17 7.15 Term............................................ ................ ....................... ....... 17 7.16 Conflict................................................ ........ ..:.......................... 17 ARTICLE VIII - REPRESENTATIONS OF THE PARTIES ............................. 18 8.1 Representations of the City..........................:................................. 18 8.2 Representations of the Developer.................................................. 18 2 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 EXHIBITS EXHIBIT A Legal Description of the Property EXHIBIT A-1 Legal Description of the Special Service Area EXHIBIT A-2 Legal Description of the Business District EXHIBIT B Project Costs to be paid for with SSA proceeds EXHIBIT C Project Costs to be paid with Business District Bond Proceeds EXHIBIT D Form of Certificate of Substantial Completion EXHIBIT E Form of Certificate of Project Costs EXHIBIT F Concept Site Plan EXHIBIT G Form of Power of Attorney DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into as of this day of , 2006, by and between the UNITED CITY OF YORKVILLE, Kendall County, Illinois, an Illinois Municipal Corporation duly organized and existing as a non-home rule unit of government under Section 7, Article VII of the 1970 Constitution of the State of Illinois, and CANNONBALL LLC, an Illinois limited liability company. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in Article I of this Agreement. RECITALS A. As a non-home rule unit of government duly,organized under Section 7, Article VII of the 1970 Constitution of the State of Illinois, the City has the power to regulate for the protection of the public health,-' ealth, safety, morals and welfare of its inhabitants, and pursuant thereto, has the power to encourage private development in order to enhance the local tax base, create employment opportunities and to enter into contractual agreements with private parties in order to achieve these goals. B. As a non-home rule unit of government under the Constitution of the State of Illinois, and under the provisions"`of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., the City has the authority to provide;l special services to an area within its boundaries and to levy a tax to pay for such services or the payment of debt incurred for that purpose. C. As a non-home rule unit of government under the Constitution of the State of Illinois, and under the provisions of the Business District Development and Redevelopment Act,,65 ILCS 5/11-74.3 et seq., the City has the authority to cause the creation of a business district, to levy a' retailers' occupation tax and service occupation tax within the district, to borrow funds, issue bonds and pledge a portion of its other revenues to facilitate the financing of a business district project, all in accordance with the district plan. D. The Developer Iproposes to construct an approximately 800,000 square foot mix of retail stores, restaurants and office space at the intersection of Illinois Route 34 and Cannonball Trail in the City as described on the Concept Site Plan. E In order to induce the Developer to undertake the Project, the City desires to create a Special Service Area pursuant to the Special Service Area Tax Law, to impose certain taxes within the Special Service Area, to issue the SSA Bonds, to use the proceeds from the sale of the SSA Bonds to pay for special services in the Special Service Area and to expend the Special Service Area revenues to retire the SSA Bonds. F. On , 2006, after giving all notices and holding all hearings required under the Special Service Area Law, the City adopted "Ordinance No. An Ordinance Establishing United City of Yorkville Special Service Area Number _ , and on 2006 adopted Ordinance No. Authorizing The Issuance of $ Special Service Area Number Ad Valorem Tax Bonds of the United City of Yorkville, Illinois (collectively the "SSA Ordinances"). G. In order to further induce the Developer to undertake the Project, the City desires to cause the creation of a business district pursuant to the Business District Development and Redevelopment Act and, pursuant thereto, to impose a certain sales tax within the Business District, to issue the Business District Sales Tax Bonds (Project I), to pledge the Business District Sales Tax, to the retirement of the Business District Sales Tax Bonds (Project I), and to expend the proceeds from the sale of such Bonds to facilitate the financing of the Project. H. On 2006, the Corporate Authorities adopted Ordinance No. "An Ordinance of the United City of Yorkville creating Yorkville Business District No. (2006)" making all of the findings required under the Business District Act to cause the creation of the Business District,'approving the District Plan, and imposing a retailers' occupation tax and service occupation tax within such business district, and on , 2006 in furtherance of the District Plan "An Ordinance of the United City of Yorkville",Authorizing ,the Issuance of $ Business District Number Sales Tax' Bonds of the United City of Yorkville, Illinois (Series 2006;= )„ (collectively the `Business District Ordinances'l. Now, therefore, in consideration of the premises and promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I' DEFINITIONS As used in this Agreement, the-following words and terms shall have the following meanings: �F "Agreement" means this`DDevelopent Agreement, as the same may be from time to time modified, amend,ed or supplemented in writing by the parties hereto. "Bond Counsel means Foley'& Lardner LLP, or an attorney at law or a firm of attorneys acceptable `to the City of nationally recognized standing in matters pertaining to the tax-exempt nature of interest on obligations issued by states and their political subdivisions duly admitted to the practice of law before the highest court of any state of the United State of America or the District of Columbia. "Bonds" means the SSA Bonds and the Business District Sales Tax Bonds (Project I) collectively. "Bond Ordinances" means the SSA Ordinances and the Business District Ordinances. "Bond Proceeds" means the gross cash proceeds from the sale of the SSA Bonds and the Business District Sales Tax Bonds (Project I) before payment of Issuance Costs, together with any interest earned thereon. 2 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 "Business District" means a district within the City created pursuant to the Business District Act and legally described on Exhibit A-2 attached hereto and incorporated by reference herein whose boundaries are coterminous with the Property. "Business District Act" means the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et sea. "Business District Sales Tax Bonds (Project n" means any obligations secured by the Business District Sales Tax Revenues and authorized and issued by the City to fund all or a portion of the Project costs in accordance with the Business District Act and this Agreement. "Business District Sales Tax Revenues" means the Business District Sales Tax. "Business District Sales Tax" means the one half of one" percent (.5%) Business District Sales Tax levied by the City in the Business District o t sales by retailers and servicemen operating on the Property, and any tax intended to replace the same as enacted by law or ordinance of the City;or any governmental authority during the Term of this Agreement. "Certificate of Project Costs" means.,a document substantially in the form of Exhibit E, attached hereto and incorporated herein by reference, provided by the Developer to the City in accordance with this Agreement,and evidencing Project Costs incurred or to be incurred,by the Developer and eligible for payment under the terms of this Agreement. "Certificate.,,of,Substantiai Completion" means a document substantially in the form of Exhibit fl;"attached hereto and incorporated herein by reference, issued by the Developer to the City in'accordance with this Agreement and evidencing the Developer's substantial satisfaction of all material obligations and covenants to construct thehProject as set forth in the Concept Site Plan. "City" means the;United'City of Yorkville, Kendall County, Illinois, an Illinois Municipal,, Corporation and a non-home rule unit of government duly organized and existing under the 1970 Constitution of the State of Illinois. "City Attorney" means John Wyeth, or an attorney at law or a firm of attorneys acceptable to the:,City of recognized standing in matters of municipal law duly admitted to the practice of law before the highest court of the State of Illinois. "Closing Date," means , 2006 or such earlier date as the City, the Developer and the Underwriter of the Bonds shall mutually agree upon and refers to the transaction at which the Bonds are delivered by the City to the Underwriter, the proceeds are available to be paid to the Developer, and this Agreement is fully executed. "Concept Site Plan" means, collectively, those documents set forth in Exhibit F, attached hereto and incorporated herein by reference, depicting the conceptual 3 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 program for construction of the Project, as modified by the Developer from time to time. "Construction Plans" means plans, drawings, specifications and related documents, and construction schedules for the construction of the Project, together with all supplements, amendments or corrections, submitted by the Developer and approved by the City in accordance with and as required by this Agreement. "Corporate Authorities"means the Aldermen and the Mayor of the City. "Developer" means CANNONBALL LLC, an Illinois limited liability company, or its permitted successors or assigns in interest. "Governmental Approvals" means all plat approvals, re-zoning or other zoning changes, the PUD Ordinance, site plan approvals,: conditional use permits, variances, building permits, or other subdivision, zoning,,,br similar approvals required for the implementation of the contemplated Project and consistent with the Concept Site Plan and this Agreement. "Issuance Co" means all costs reasonably incurred by the City in furtherance of the issuance of the Bonds, including`without limitation the fees and expenses of financial advisors and consultants, the City's attorneys (including issuer's counsel and Bond Counsel), the City's, administrative fees' and expenses (including fees and costs of planning consultants),�underwriters' discounts and fees, the costs of printing any Bonds and any official statements relating thereto, the costs of credit enhancement, if any, capitalized interest,,.,debt service reserves and the fees of any rating agency rating arik'Bonds. "Net Proceeds".means the,proceeds derived from the issuance of the Bonds, net of any Issuance Cosh � "Pledged .revenue" means the SSA Tax and the Business District Sales Tax Revenue.,, "project" means the construction of approximately 822,000 square feet of retail space, restaurants, and,. office space including all work necessary to prepare the Property for I the contemplated Project as described in this Agreement as approved or amended by the Concept Site Plan, and all other work reasonably necessary to effectuate the intent ofzthis Agreement. "Project Costs" mean the sum total of all reasonable or necessary costs actually incurred in constructing the Project and any such costs incidental thereto. "Property" means approximately One Hundred Forty (140) acres of real property (including without limitation all options held by third parties, fee interests, leasehold interests, tenant-in-common interests and such other like or similar interests) and existing improvements necessary for the implementation of the contemplated Project as legally described on Exhibit A hereto by this reference incorporated herein. 4 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 "PUD Ordinance" means Ordinance No. passed by the Corporate Authorities of the City granting a special use for planned unit development for the Property and related matters. "Sales Tax Acts" means the Illinois Retailers' Occupation Tax Act, 35 ILCS 120/1 et seq. and the Illinois Service Occupation Tax Act, 35 ILCS 115/1 et se g. "Special Service Area" means the area within the City created pursuant to the SSA Law containing the commercial portion of the Project and legally described in Exhibit A-1, attached hereto and incorporated herein by this reference whose boundaries are coterminous with the Property. "SSA Bonds" means any obligations secured by the Special Service Area Revenues and authorized and issued by the City to fund all or a portion of the Project costs in accordance with the Special Service Area Law and this Agreement. "SSA Improvements" means the improvements and activities described on Exhibit B, attached hereto and incorporated herein by reference. "SSA Law" means the Special Service Area Tax Law, 35 ILCS 200/27-5 et se g. "SSA Tax" means an ad valorem- tax levied by the City in the Special Service Area in an amount sufficient to pay priricipal'of and debt service on the SSA Bonds in accordance with the SSA Ordinances. "Trustee" means the trustee or fiscal.agent for any issue of Bonds. "Underwriter" means William Blair'&-,Company or any firm of nationally recognized underwriters chosen by the City. ARTICLE II DESIGNATION OF DEVELOPER The City hereby selects the Developer to construct or cause the construction of the Project in accordance with the Concept Site Plan, this Agreement and all Governmental Approvals. Provided that the Bonds have first been issued and sold, the Developer hereby accepts; such designation and agrees to cause the completion of the Project in accordance with the terms and conditions hereof. ARTICLE III CONSTRUCTION OF DEVELOPMENT PROJECT 3.1 Construction Schedule. The Developer shall commence construction of the Project within One Hundred Twenty (120) days of the later to occur of (a) Developer obtaining all necessary permits and Governmental Approvals; or (b) six (6) months after execution of this Agreement, and shall substantially complete construction of the following approximate square of retail, restaurant and commercial space comprising the Project as follows: November, 2007 188,550 square feet of anchor space; 5 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 March, 2008 444,690 square feet (including approximately 185,000 square feet of anchor space); October, 2008 35,600 square feet; March, 2009 140,000 square feet; and October, 2009 18,000 square feet, all subject to force majeure as set forth in Section 7.3 below. 3.2 Developer to Construct the Project. The Developer shall commence or cause the commencement of the construction of the Project in accordance with the terms of this Agreement and the Concept Site Plan. To the extent of any inconsistency among the foregoing, the parties agree that the Concept Site Plan`shall govern so long as performance in accordance therewith does not violate Governmental Approvals. The Developer shall complete or cause the completion of the Project in accordance with the terms of and the schedule set forth in Section 3.1 of this Agreement.. 3.3 SSA Improvements. The Developer, on behalf of the City, shall cause the SSA Improvements to be constructed for the benefit of the Special Service Area, in accordance with the terms of this Agreement. The Developer agrees" to notify its tenants and any purchasers of all or any portion of the Property of the Special Service Area. The City acknowledges that it does not intends,.to design, bid or construct the SSA Improvements. The City agrees that since the SSA;Improvements are to be paid for in part by the SSA Tax and with Developer funds,,,,-that the Developer shall construct the SSA Improvements using.subcontractors and naterialmen selected from time to time by the Developer, in its sole discretion,;;without advertising for bids as permitted by the provisions of 65 ILCS -5/8-9-1 of"the I`Illinois Municipal Code. The City, by entering into this Agreement agrees to waive the requirement to bid any contracts entered into between the Developer and subcontractors for installation of the SSA Improvements.,,,',All SSA Improvements to be constructed hereunder shall be constructed in substantial accordance witli any final plans approved by the City. Such SSA Improvements"shall-be-all.as"approved by the City and in accordance with all applicable .laws, ordinances, rules and regulations. The SSA Improvements shall be constructed iii':a" good, workmanlike and commercially reasonable manner. 3.4 'Construction C©ntractsr Insurance. The Developer may enter into or cause to be entered into one or more construction contracts to complete the Project. Prior to the commencement of construction of any portion of the Project, the Developer shall obtain or shall require, that any of its contractors obtains workers' compensation comprehensive:,public liability and builder's risk insurance coverage in commercially reasonable amoixiits and shall deliver evidence of such insurance to the City. 3.5 Governmental Approvals. The City agrees to employ reasonable and good faith efforts to cooperate with the Developer and to process and timely consider and respond to all applications for the Governmental Approvals as received, all in accordance with the applicable City ordinances and laws of the State of Illinois. 3.6 Concept Site Plan. The Concept Site Plan is hereby approved in accordance with applicable City ordinances and codes. 3.7 Construction Plans. The Construction Plans for the Project shall be prepared by a professional engineer or architect licensed to practice in the State of Illinois and 6 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 the Construction Plans and all construction practices and procedures with respect to the Project shall be in substantial conformity with all applicable state and local laws, ordinances and regulations. In conjunction with obtaining a building permit for the commencement of construction of the Project, the Developer shall submit Construction Plans for approval by the City in sufficient completeness and detail to show that construction will be in conformance with the Concept Site Plan and this Agreement. 3.8 Certificate of Substantial Completion. Promptly after substantial completion of the Project, the Developer shall furnish to the City a Certificate of Substantial Completion. The City shall, within thirty (30) days following delivery of the Certificate of Substantial Completion, carry out such inspections as it deems necessary to verify to its reasonable satisfaction the accuracy of the certifications contained in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be deemed accepted by the City unless, within thirty(30) Clays following delivery of the Certificate of Substantial Completion, the City, furnishes the Developer with specific written objections to the status of the Project, ;describing such objections and the measures required to correct such objections in reasonable detail. Upon acceptance of the Certificate of Substantial Completion by the City;pr upon the lapse of thirty (30) days after delivery thereof to the City without any,written objections thereto, the Developer may record the Certificate. of Substantial` Completion with the Kendall County Recorder of Deeds, and the same shall constitute evidence of the satisfaction of the Developer's agreements and covenants.to.construct the Project. The Certificate of Substantial Completion shall be in substantially the form attached as Exhibit D, attached hereto and incorporated by reference herein. 3.9 Fees. Other than customary tap fees, no fee or charge of any description including, without limitation, building permits, plan review, inspection fees, or other regulatory fees or charges, shall be imposed on Developer or on the development and use of the Property unless; as of the date of this Agreement, such fee or charge is an existence and being collected by the City on a uniform basis from all owners, users, and petitioners of property within the City. The City shall not increase the amount of any fee„pr utility fees"" fees, or user fees during the Term of this Agreement unless-such increases;are (i) made generally applicable to all owners and users of property within the City and (ii) reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. ARTICLE IV E PAYMENT OF DEVELOPER COSTS 4.1 City's Obligation to Pay Developer. The City agrees to pay Developer for the verified Project costs in the amounts and from the sources as set forth on Exhibits B and C, attached hereto and by this reference incorporated herein, as may be adjusted pursuant to this Article IV. Subject to the terms of the Bond Ordinances and this Agreement, the City agrees to issue the SSA Bonds and Business District Sales Tax Bonds (Project I) and to pay the Developer net proceeds in an amount equal to Dollars ($ ) for verified Project costs as provided in Article V of this Agreement. 7 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 4.2 Reimbursements Limited to Project Costs; Developer's Right to Substitute. Nothing in this Agreement shall obligate the City to issue Bonds to pay Developer for any Project cost that does not qualify for payment under the SSA Law or the Business District Act, as the case may be. The Developer shall, at the City's request, provide itemized construction loan draws, invoices, or receipts or, in the case of the acquisition of land, evidence that the Developer has acquired fee title to such land and evidence of the total acquisition price of such land, reasonably requested by the City to confirm that any such cost is so incurred and does so qualify. Each such request shall be in the form of a Certificate of Project Costs and accompanied by a certification by the Developer that such cost is eligible for payment or reimbursement under the applicable law. The parties agree that each of the categories of costs set forth in Exhibits B and C shall constitute Project costs which are eligible for payment or reimbursement in accordance with the applicable law' and this Agreement. The Developer shall not be limited to the total amount of payment or, reimbursement shown for each such category on Exhibit B or Exhibit, C, but shall, be entitled to payment or reimbursement for Project costs from any of the categories,`set forth therein, without regard to the maximum amounts shown for each category, up to the maximum aggregate amount established in Section 4.1 of this Agreement. If the City engineer determines that any cost identified as a- Project cost is not a reimbursable cost under the applicable law, the City shall so notify the Developer in writing within thirty (30) days as provided in Section 5.6 of this Agreement, identifying the ineligible cost and the basis for determining the" cost,to be ineligible; whereupon the Developer shall have the right to contest such determination and/or identify and substitute other Project costs with a supplemental application for payment. ARTICLE V SPECIAL SERVICE AREA BONDS/BUSINESS DISTRICT SALES TAX BONDS (PROJECT I) 5.1 Bond Ordinances:" Taxes: The City has adopted the Bond Ordinances for the SSA Bonds and the Business District Sales Tax Bonds (Project 1), subject to the provisions of Section 5.3, anti bias provided for the designation of a Trustee. The SSA Bonds shall be secured by a pledge of the SSA Tax and the Business District Sales Tax Bonds (Project 1) shall;be secured by a pledge of the Business District Sales Tax Revenues. The Bond Ordinances provide for the segregation and deposit of the Pledged Revenuer 5.2 Application of Revenues. 5.2.1 Business District Sales Tax Bonds (Project I). The Business District Sales Tax Revenues shall first be applied to the retirement of the Business District Sales Tax Bonds (Project I) and then, to extent there are any excess Business District Sales Tax Revenues, to the abatement of the SSA Tax, and finally, to the Developer to reimburse the Developer for any SSA Tax paid by the Developer or any other Project costs approved by the City, all in accordance with the Bond Ordinances. 5.2.2 SSA Bonds. To the extent that there are insufficient excess Business District Sales Tax Bond Revenues to abate the SSA Tax, the SSA Tax shall be 8 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 used to pay debt service on the SSA Bonds in accordance with the Bond Ordinances. 5.3 Issuance of Bonds. The City agrees to issue the Bonds pursuant to the respective Act or Law in an amount to be determined by the Underwriter based on the amount of SSA Tax and Business District Sales Tax Revenue projected to be deposited in the various funds and accounts as provided for in the Bond Ordinances; provided, however, in no event shall the aggregate Net Proceeds of the Bonds initially deposited in the Project fund created under the Bond Ordinances equal an amount less than Dollars ($ 1. In addition to the Net Proceeds of $ for Project costs, the amount of the Bonds shall be sufficient to pay for the cost of issuing the ,Bonds, including by way of illustration and not limitation, all necessary capitalized interest, issuance costs, legal fees and consultant's fees approved by the City, and reserve funds as provided in the Bond Ordinances. The Bonds shall not be general obligations of the"City, and shall be secured solely by the SSA Tax and the Business District Sales Tax Revenue, as the case may be. Neither this Agreement nor the'.Bonds shall constitute a full faith and credit obligation of the City. 5.4 Conditions of Issuance. The City's obligation to issue the Bonds described in Section 5.3 is expressly contingent on a bond opinion ,from Foley & Lardner LLP opining that the Bonds are being issued.,in accordance with the SSA Law or the Business District Act as applicable, and that the interest`"thereon is exempt from federal taxation. 5.5 City's Bond Expenses The administration of the Bonds has resulted and will result in expenses for the City. Any Trustee's fees or legal fees for a legal opinion to be relied on by the bond,_holders, due and owing`as of the Closing Date, shall be paid from Bond proceeds. 5.6 Disbursements to Developer. Except as otherwise provided herein, the City shall, within, ten�Jlfl) days after acceptance by the City of each Certificate of Project Costs, .;submit the Certificate to the Trustee for the Bonds with instructions to reimburse the Developer, or the party designated by the Developer, for such construction advances in the amount set forth therein (a "Construction Payment-J. Each Certificate of ProjectCosts shall indicate if the request is payable from the SSA Bond proceeds or the Business District Sales Tax Bond proceeds. The City shall accept or reject each..Certificate` of Project Costs submitted by Developer within thirty (30) days after submission by the Developer. Such acceptance or rejection by the City of each Certificate shall be in writing, and in the case of a rejection, shall specifically state the reasons for such rejection. If the City rejects any Certificate of Project Costs submitted by Developer, Developer shall have the right to identify and substitute eligible Project costs. If the City fails to accept or reject the Certificate of Project Costs within thirty (30) days after submission by Developer, the resulting Construction Payment(s) shall be deemed to have been accepted by the City on the thirty-first (31st) day after submission of the Certificate of Project Costs by the Developer. Construction Payments shall be issued no more than once every month until all such Construction Payments as are required by this Agreement have been paid. 9 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 5.7 Maturity of Bonds. The final maturity of the Bonds shall not exceed the maximum term permissible under the respective Law or Act. The Bonds shall bear interest at such rates, shall be subject to redemption and shall have such terms as the City shall determine in its sole discretion. 5.8 Cooperation in the Issuance of Bonds. The Developer covenants to cooperate and take all reasonable actions necessary to assist the City and Bond Counsel, the Underwriter and the City's financial advisor in the preparation of offering statements, private placement memorandum or other disclosure documents and all other documents necessary to market and sell the Bonds. 5.9 No Other Bonds or Uses of Special Service Area`Revenues and Business District Sales Tax Revenues. So long as there is any indebtedness owing from the City to the Developer hereunder, the City shall not issue-any other indebtedness or obligations secured by the Pledged Revenues other than the Bonds, and the City shall not use or apply any Pledged Revenues to pay any costs other than the Bonds and the costs incurred in the administration of the Bonds, as contemplated by this Agreement. Following the payment in full of any indebtedness to the Developer, the City may utilize any excess Pledged Revenues that are not needed to pay the Bonds or other outstanding obligations for any authorized purpose under applicable law. 5.10 Rescission of Business District Sales Tax. Upon;.the earlier to occur of(i) the satisfaction in full of the Business District"Sakes Tax Bonds (Project I), and (ii) the expiration of the maximum permissible"term of such Bonds, (a) the Business District Sales Tax levied within the Business Districtshall be rescinded. ARTICLE VI COLLECTION AND USE OF REVENUES 6.1 Creation of Fund. The'City,agrees to cause its Director of Finance or other financial officer to maintain the funds"required by the Bond Ordinances including such further-accounts or sub-accounts as are required therein, by this Agreement or as the Director of Finance of the City may deem appropriate in connection with the administration of the fund pursuant to this Agreement. Subject to the requirements of the Act,-the City will promptly upon receipt thereof deposit all Business District Sales Taxes arid`SSA Taxes in,.the fund or in such other accounts as required under the Bond Ordinances. 6.2 Cooperation in Determining Revenues. The City and the Developer agree to cooperate and take ail reasonable actions necessary to cause the Pledged Revenues to be paid into the funds and accounts as provided in the Bond Ordinance, including the City's enforcement and collection of all such payments through all reasonable and ordinary legal means of enforcement. 6.3 Reporting of Sales. To further assist the City in calculating the Business District Sales Tax Revenues, the Developer (or its successor(s) in interest as owner or owner(s) of the Property shall, during the Term of this Agreement, use all reasonable efforts to cause businesses operating on the Property, to properly collect and report any Business District Sales Tax Revenue. The Developer shall satisfy this requirement by making a good faith effort to cause the fee title holder of the Property to include the 10 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 obligation to execute a power of attorney authorization to release sales tax information to the City in the form of Exhibit G within any deed conveying a portion of the Property or into any lease entered into with any tenant. Except as provided in this Article, the Developer shall have no obligation to enforce or collect the payment of Business District Sales Tax Revenue by any "retailer or servicemen." 6.4 Confidential Information. The City acknowledges and agrees that information to be provided by the owners and lessees hereunder is proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to the owners and lessees, and to the extent permitted by state or federal law including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the City agrees to hold in confidence all sales figures and'other information provided by the State of Illinois, or any owner or lessee of a portion"of the Property, or obtained from any such owner's or lessee's records in connection with this Agreement, and in connection therewith, the City shall not copy any 'such information except as necessary for dissemination to the City's agents or employees as permitted hereinafter. The City shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the City to have a need to'know such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information to the extent required of the City hereunder or (ii) to the extent required by order of court or by state or federal law. The confidentiality requirements of this Agreement shall' survive any expiration, termination or cancellation of this Agreement and shall 'continue to bind the City, its successors, assigns and legal representatives for a period-,of five (5) years from the termination, expiration or cancellation of this Agreement. "The City shall promptly notify Developer and any affected owner or lessee,as to a Freedom of'Information Act request and the commencement of any,legal action in regard thereto such that Developer and/or any such owner or lessed-shall have,a meaningful opportunity to object to the release of any such confidential,information and to take such action as such owner or lessee deems necessary in order:: to prt%tect against the release of such confidential information. 6.5 Obligation to Report Pledged Revenues. Any purchaser or transferee of the Property, and any lessee or other user of the Property, shall use all reasonable efforts to timely furnish to the City such documentation as is required by Section 6.3 hereof. So long Ias,;any Bond is outstanding, such obligation shall be a covenant running with the land and shall be enforceable as if such purchaser, transferee, lessee or other user of such real property were originally a party to and bound by this Agreement. ARTICLE VII GENERAL PROVISIONS 7.1 Successors and Assigns. 7.1.1 Binding Affect. This Agreement shall be binding on and shall inure to the benefit of the parties named herein and their respective heirs, administrators, executors, personal representatives, successors and assigns. 7.1.2 Assignment or Sale. All or any part of the Property or any interest therein may be sold, transferred, encumbered, leased, or otherwise disposed of 11 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 at any time, and the rights of the Developer named herein or any successors in interest under this Agreement or any part hereof may be assigned at any time before, during or after redevelopment of the contemplated Project, whereupon the party disposing of its interest in the Property or assigning its interest under this Agreement shall be thereafter released from further obligation under this Agreement (although any such Property so disposed of or to which such interest pertains shall remain subject to the terms and conditions of this Agreement), provided that until substantial completion of the contemplated Project, the rights, duties and obligations of the Developer under this Agreement shall not be assigned in whole or in part without the prior written approval of the City, which approval shall not be unreasonably withheld; conditioned or delayed upon a reasonable demonstration by the Developer of the proposed transferee's or assignee's experience and financial capability to undertake and complete such portions of the Project and perform the Developer's obligations under this Agreement, all in accordance with this Agreement: Notwithstanding anything herein to the contrary, the City hereby approves,,,and no prior consent shall be required in connection with: (a) the right of the Developer to ,encumber or collaterally assign its interest in the Property or any„portion thereof to secure loans, advances or extensions of credit to finance or from time to time refinance all or any part of the Project costs, or the right of the holder of any such encumbrance or transferee of,any such collateral. assignment (or trustee or agent on its behalf) to transfer such interest by foreclosure or transfer in lieu of foreclosure under such encumbrance or collateral assignment; or (b) the right of Developer to assign the Developer's rights, duties and obligations under this Agreement to any "party; related to the Developer by one of the relationships described in Section 267(b) of the United States Internal Revenue Code of 1986, as amended; provided that in each such event (i) the Developer named herein (Cannonball LLC) shall remain liable hereunder for the substantial completion of the contemplated Project and shall be released from such liability hereunder only upon substantial- cfl pletion`of the contemplated Project and (ii) the Developer provides tc the City thirty (30) days' advance written notice of the proposed"assignment or..f ransfer. ?.1.3 Assignment or Sale” to Exempt Organization. Prior to any sale, `transfer or other'disposition of the Property or any interest therein to an organization exempt from payment of ad valorem property taxes, such organization shall he required to agree not to apply for an exemption from payment;of such property taxes for a period ending on the earlier of the date that all SSA Bonds are paid in full or twenty-three (23) years from the date that the SSA Bond'Ordinance was adopted by the City. 7.2 Remedies. Except as otherwise provided in this Agreement and subject to the Developer's and the City's respective rights of termination, in the event of any default in or breach of any term or conditions of this Agreement by either party, or any successor, the defaulting or breaching party (or successor) shall, upon written notice from the other party specifying such default or breach, proceed immediately to cure or remedy such default or breach, and shall, in any event, within thirty (30) days after receipt of notice, commence to cure or remedy such default or breach. In the event that the defaulting or breaching party (or successor) diligently and in good faith commences to cure or remedy such default or breach but is unable to cure or remedy 12 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 such default or breach within thirty (30) days after receipt of notice, the defaulting or breaching party (or successor) shall, prior to the end of such thirty (30) days, provide notice to the other party that it has in good faith commenced to cure or remedy such default or breach, whereupon the defaulting or breaching party (or successor) shall have an additional ninety (90) days to cure or remedy such default or breach. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied prior to the end of the additional ninety (90) day period, the remedy to the aggrieved party shall be as set forth below: W If the Developer is in breach of this Agreement; the City's sole and exclusive remedy, at law or in equity, shall be to suspend payments to the Developer under this Agreement until the Developer-has,cured or substantially cured such breach, at which time payments to? the Developer under this Agreement shall resume. (ii) If the City is in breach of this Agreement, the Developer may pursue any and all legal and equitable remedies available to it as a result of such breach, including without limitation termination of this,Agreement or proceedings to compel specific performance. 7.3 Force Majeure. Neither the'City nor the Developer nor any successor in interest shall be considered in breach or.default of their respective obligations under this Agreement, and times for performance of obligations hereunder shall be extended in the event of any delay caused by force majeiure,, including without limitation, damage or destruction by -fire or casualty; strike; lockout; civil disorder; war; restrictive government regulations; lack of issuance of any permits and/or legal authorization by the governmental entity necessary for the Developer to proceed with construction of the work or any portion thereof; delay in commencement or completion of any and all work to be performed by others that affects Developer's ability to commence or complete the Project; shortage or delay in shipment of material or fuel; acts of God; unusually adverse weather or wet soil conditions; or other like causes beyond the; parties'r reasonable, control, including without limitation any litigation, court order or judgment resulting from any litigation affecting the validity of the Redevelopment Plan, the conterriplated Redevelopment Project or the TIF Bonds, this Agreement, or eminent domain°`actions; provided that such event of force majeure shall not-be deemed to exist as to any matter initiated or sustained by either party to this Agreement in bad faith, and further provided that the party claiming the benefits of this Section ;7.3 notifies the other in writing within thirty (30) days of the commencement of such claimed event of force majeure. 7.4 Notices. Any notice, demand or other communication required by this Agreement to be given by either party hereto to the other shall be in writing and shall be sufficiently given or delivered if (i) dispatched by certified United States first class mail, postage prepaid, (ii) sent by a nationally recognized overnight courier, or (iii) delivered personally: W In the case of the Developer, to: Cannonball LLC c/o The Harlem Irving Companies, Inc. 13 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 Attn: Managing Director of Real Estate 4104 North Harlem Avenue Norridge, IL 60706 With a copy to: Cannonball LLC c/o The Harlem Irving Companies, Inc. Attn: General Counsel 4104 North Harlem Avenue Norridge, IL 60706 With a copy to: Polsky &Associates, Ltd. 205 N. Michigan Avenue 41 st Floor Chicago, IL 60601-. (ii) In the case of the City, to: United City of Yorkville,,Illinois Office of the Mayor 800 Game Farm Road Yorkville, Illinois 60560 And United City:of Yorkville, Illinois Office of the Treasurer 800 Game Farm Road Yorkville, Illinois 60560 With a copy to Foley 8v Lardner LLP Attn: Christopher N. Knight 321 N. Clark Street :Suite 2800 Chicago, Illinois 60610 or to such other address(,") with respect to either party as that party may, from time to time, designate in writing and forward to the other as provided in this paragraph. 7.5 Insurance;,,Damage or Destruction of Project. The Developer shall provide and maintain, or cause to be provided and maintained, at the Developer's own expense, during the Term of the Agreement (or as otherwise specified below), the insurance coverages and requirements specified below, insuring all operations related to the Agreement. (a) Throughout the Term of the Agreement (i) Commercial General Liability Insurance (Primary and Umbrella) 14 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 Commercial General Liability Insurance or equivalent with limits of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages shall include the following: All premises and operations, products/completed operations, independent contractors, separation of insureds, defense, and contractual liability (with no limitation endorsement). The City is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work. (b) Construction W Commercial General Liability Insurance (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits of not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages shall include the following: -All premises and ' operations, products/completed operations (for a minimum of two (2) years following project completion), explosion, collapse, underground, independent contractors, separation of insureds, defense, and contractual liability (with no limitation endorsement). The City is to be named as .an additional insured on a primary, non- contributory basis for any liability arising directly or indirectly from the work. (ii) Builders Risk Insurance.,. When the Developer or its contractor undertakes any construction, including improvements, betterments, and/or repairs,, the Developer shall provide, or cause to be provided All Risk Builders Risk Insurance at replacement cost for materials, supplies, equipment, machinery and fixtures that are or will be part of the permanent facility. Coverages shall include but are not limited to the following: collapse, boiler and machinery if applicable. The City shall be named as an additional insured and loss payee. (c) Post-Construction, (i) Post-construction, throughout the Term of the Agreement, All Risk Property Insurance, including improvements and betterments in the amount of full replacement value of the Property. Coverage extensions shall include business interruption/loss of rents, flood and boiler and machinery, if applicable. The City is to be named an additional insured on a primary, non-contributory basis. (d) Other Requirements 15 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 The Developer will furnish the City original Certificates of Insurance evidencing the required coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the Term of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The insurance shall provide for 60 days prior written notice to be;given to the City in the event coverage is substantially changed, canceled, or non-renewed. Any and all deductibles or self insured retentions on referenced insurance coverages shall be borne by the Developer. The Developer shall require the general contractor; and all subcontractors to provide the insurance required herein. 7.6 Inspection. The City may conduct such periodic inspections of the construction of the Project as may be generally provided in the building code of the City. The Developer shall not unreasonably deny the,..City and its officers, employees, agents and independent contractors_,the the right to ,"inspect, upon request, all architectural, engineering, demolition; construction and other contracts and documents pertaining to the construction of the Project ,as the City determines is reasonable and necessary to verify the Developer'sxcompliance with the terms of this Agreement. 7.7 Choice of Law:' This Agreement shall be deemed to have been fully executed, made by the parties in, and governed by the laws of the State of Illinois without regard to its conflicts of laws provisions for all purposes and intents. 7.8 Entire Agreement;' Amendment. The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those,contained in this Agreement have been made by the parties " This Agreement shall be,-amended only in writing and effective when signed by the'authorized agents"of the parties. 7.9 Counterparts. This Agreement is executed in multiple counterparts, each of which shall constitute one and the same instrument. 7.10 Severability:In the event any term or provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect, to the extent the remainder can be given effect without the invalid provision. 7.11 Representatives Not Personally Liable. No elected or appointed official, agent, employee or representative of the City shall be personally liable to the Developer in the event of any default or breach by any party under this Agreement, or for any amount which may become due to any party or on any obligations under the terms of this Agreement. This provision shall not apply to the opinion to be given by the City Attorney. 16 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 7.12 Indemnification. The indemnifications and covenants contained in this Section shall survive termination or expiration of this Agreement. 7.12.1 Invalidity. Except for the opinion of the City Attorney as provided for in Section 7.14 of this Agreement, the City and its governing body members, officers, agents, employees and independent contractors shall not be liable to the Developer for damages or otherwise in the event that all or any part of the SSA Law or the Business District Act, or any ordinance adopted in connection with either the Law or the Act, this Agreement or the Business District Plan, is declared invalid or unconstitutional in whole or in part by the final (as to which all rights of appeal have expired or have been exhausted)judgment of any court of competent jurisdiction, and by reason thereof,,either the., City is prevented from performing any of the covenants and agreements hereinM or the Developer is prevented from enjoying the rights and privileges hereof. 7.12.2 Damage or Injury. The City and its governing body members, officers, agents, employees and independent contractors shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, employees, independent contractors or any other persons who may be about the Property or the Project except for matters arising out of the gross negligence or willful misconduct of the City and its,governing body members, officers, agents, attorneys, employees,and independent contractors. 7.12.3 Personal Liability. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations promises, agreements and obligations of the City and not of ariy of its governing body members, officers, agents, employees or independent"contractors in their individual capacities. s 7.13 Survival. Notwithstanding the expiration or termination or breach of this Agreement by either party, the' agreements contained in Section 5.10, Section 6.6, Sections 7.7, ?.8,' 7.9 7.10,'' 7.13, and 7.16 and Article VIII of this Agreement shall, except as otherwise expressly set forth herein, survive such expiration or early termination of this Agreement by either party. 7.14 Legal Opinion. As'of the effective date of the City's ordinance authorizing the execution of this Agreement, the City Attorney shall provide the Developer, Developer's Counsel and the City's'`Bond Counsel with an opinion in a form mutually agreeable to each of them. If thee Special Service Area or the Business District have not been formed as of the date of the City Attorney's opinion, then the City Attorney shall also issue one or more subsequent opinions, in a form acceptable to Developer's Counsel and the City's Bond Counsel regarding the Special Service Area and the Business District. 7.15 Term. The term of this Agreement shall commence on the Closing Date and shall terminate upon the retirement of the Bonds, unless earlier terminated pursuant to the provisions of this Agreement. 7.16 Conflict. In the event of any inconsistency or conflict between the terms of this Agreement and the Bond Ordinances, the terms of the Bond Ordinances shall control. 17 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 ARTICLE VIII REPRESENTATIONS OF THE PARTIES 8.1 Representations of the City. The City hereby represents and warrants that it has full constitutional and lawful right, power and authority, under current applicable law, to execute and deliver and perform the terms and obligations of this Agreement, including without limitation the right, power and authority to issue and sell the Bonds, and all of the foregoing have been or will be, upon adoption of the ordinances authorizing the issuance of the Bonds, duly and validly authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of-the ;City, enforceable in accordance with its terms. 8.2 Representations of the Developer. Thee Developer hereby.'°rpresents and warrants it has full power to execute and deliver and perform the' terms and obligations of this Agreement and all of they foregoing has been duly and validly authorized by all necessary proceedings. This Agreement,constitutes the legal, valid and binding obligation of the Developer, enforceable4n accordance with its terms. (The remainder of this page intentionally left blank.) d, y, 18 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names and the City has caused its seal to be affixed thereto, and attested as to the date first above written. "CITY" UNITED CITY OF YORKVILLE, ILLINOIS By: Mayor (SEAL) Attest: City Clerk "DEVELOPER" CANNONBALL LLC, an Illinois limited liability company By: The Harlem Irving'Companies, Inc. By: Title: [SIGNATURE PAGE TO DEVELOPMENT AGREEMENT] STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) On this_ day of , 2006, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the Mayor of the UNITED CITY OF YORKVILLE, ILLINOIS, a political subdivision of the State of Illinois, and that the seal affixed to the foregoing instrument is the seal of said City, and said instrument was signed and sealed in behalf of said City by authority of its City Council, and said acknowledged said instrument to be the free act and deed of said City. y .. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public:,-. (SEAL) My Commission Expires: Q �F STATE OF ) )SS COUNTY OF ) On this_ day of , 2006, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the of THE HARLEM IRVING COMPANIES, an Illinois corporation, and a of CANNONBALL LLC, an Illinois limited liability company and that he is authorized to sign the instrument on behalf of said company, and acknowledged to me that he executed the within instrument as said company's free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above"written. Notary Public (SEAL) My Commission Expires: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET;THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD'BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST,"AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35,MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A-CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST,AN ARC LENGTH OF 209.70 FEET;.THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,287.40 FEET; 'THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH-43 DEGREES 08!MINUTES 45`SECONDS WEST, 7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,AN ARC LENGTH OF 146.68 FEET;~THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A,CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC LENGTH,OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20 SECONDS EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83:DEGREES 11 MINUTES 08 SECONDS EAST, 763.20 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST,AN ARC LENGTH OF 333.94 FEET;• THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE.-SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST,ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST,48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST, 470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE,378.99 FEET TO THE POINT OF BEGINNING,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES 2 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 EXHIBIT A-1 LEGAL DESCRIPTION OF THE SPECIAL SERVICE AREA THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET; THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING QF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH 0"F 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 056.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST,AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST,AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,287.40 FEET;,,;THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES,08 MINUTES 45 SECONDS WEST, 7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH"A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC LENGTH OF 482.09 FEET;.-THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS 6F 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES;"20 SECONDS EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 93 DEGREES I I MINUTES 08 SECONDS EAST, 763.20 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST,AN ARC LENGTH OF 333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00,FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST,ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST,48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST,470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S.ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE,378.99 FEET TO THE POINT OF BEGINNING,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES 2 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11, 2006 EXHIBIT A-2 LEGAL DESCRIPTION OF THE BUSINESS DISTRICT THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET;THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 45 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD;BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET;�,THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST,ANARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST,AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST;52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 'MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES=45 SECONDS WEST, 7.00 FEET; THENCE NORTH 46 DEGREES 5I 'IINUTES 15 SECONDS EAST, 60.76 FEET; THENCE NORTHEASTERLY ALON�A CURS TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,AN ARC LENGTH OF 146.68 FEET;,;THENCE.NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG'A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OFNORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC LENGTH OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH'A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES,23 MINUTES 20 SECONDS.EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11 MINUTES 08 SECONDS EAST,763.20 FEET; THENCE SOUTHEASTERLY ALONG.A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST,AN ARC LENGTH OF 333,94 FEET;,THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,,kN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST,ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST,48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST,470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S.ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE,378.99 FEET TO THE POINT OF BEGINNING,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES AP k,a 2 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 EXHIBIT B PROJECT COSTS TO BE PAID WITH SSA BOND PROCEEDS Eligible Project Costs 3 r CATEGORY. ESTIMATED COSTS a. Public improvements b. Environmental remediation, removal of obsolete utilities. ; c. Professional Fees related to public improvements Includes architecture, engineering, surveying;legal,, $ planning consulting. Total Eligible Project Costs EXHIBIT C LAND COSTS TO BE PAID FROM BUSINESS DISTRICT BOND PROCEEDS CAfiEGORY ESTIMATED COSTS Project Costs Total Eligible Project Costs EXHIBIT D CERTIFICATE OF SUBSTANTIAL COMPLETION The undersigned, CANNONBALL, LLC, an Illinois limited liability company (the "Developer"), pursuant to that certain Development Agreement dated as of 2006, between the UNITED CITY OF YORKVILLE, Illinois (the "Cityl and the Developer (the "Agreement"), hereby certifies to the City as follows: 1. That as of , the construction of the Project(as that term is defined in the Agreement) has been substantially completed in accordance with the Agreement. 2. The work has been performed in accordance with the Construction Plans (as those terms are defined in the Agreement). 3. The Developer is issuing this Certificate of Substantial Completion to the City in accordance with the Agreement to evidence the.Developer's satisfaction of all material obligations and covenants with.respect to the Project. 4. The acceptance or the failure of the City to.object in writing to this Certificate within thirty (30) days flf the date of delivery of this Certificate to the City (which written objection, if any,must be delivered to the Developer prior to the end of such thirty (30) days) small evidence the,satisfaction of the Developer's agreements and covenants to perform the work and complete the Project. Upon such acceptance by the City, the Developer may record this Certificate in the office of the Kendall County Recorder of Deeds. This Certificate is given without prejudice to any rights against third parties which exist as of the date hereof or which may subsequently come into being. Terms not otherwise defined herein shall have the meaning ascribed to:such terriis.in the Agreement. IN WITNESS WHEREOF, the undersigned has hereunto set his/her hand this _ day of , CANNONBALL LLC, an Illinois limited liability company By: THE HARLEM IRVING COMPANIES BY: Title: ACCEPTED: UNITED CITY OF YORKVILLE, ILLINOIS By: Name: Title: (Insert Notary Form(s) and Legal Description) EXHIBIT E CERTIFICATE OF PROJECT COSTS TO: United City of Yorkville, Illinois Office of Treasurer Yorkville, Illinois Attention: Re: Terms not otherwise defined herein shall have the meaning ascribed to such terms in the Development Agreement dated as of 2006 (the *'Agreementj, between the City and CANNONBALL LLC, an Illinois limited liability company (the "Developed. In connection with said Agreement, the undersigned hereby,states and certifies that: 1. Each item listed on Schedule 1 hereto is a reimbursable Project cost and was incurred in connection with the construction of the Project. 2. These Project costs have been paid:by the Developer and are reimbursable under the Bond Ordinances'and the Agreement. 3. Each item listed an Schedule 1 has not previously been paid or reimbursed from'money derived from the Project Fund or any money derived from any project fund established pursuant to the Bond Ordinances, and no part thereof has,been included in an other certificate previously filed with the City. 4- 1 There,has not beer,filed with or served upon the Developer any notice of any lien, right' lien or attachment upon or claim affecting the right of any „person, firm or corporation to receive payment of the amounts stated in this request, except to the extent any such lien is being contested in good faith. 5 All work for which payment or reimbursement is requested has been performed,in accordance with the Concept Site Plan and the Agreement. r 6. If any cost item to be reimbursed under this Certificate is deemed not to constitute`a reimbursable project cost within the meaning of the Special Service Area Tax Law or the Business District Development Act as applicable or the Agreement, the Developer shall have the right to substitute other eligible Project costs for payment hereunder as are eligible under the application statutory authority. 7. The Developer is not in default or breach of any material term or condition of the Agreement beyond the applicable cure period, if any. Dated this day of , By: CANNONBALL LLC, an Illinois limited liability company By: THE HARLEM IRVING COMPANIES Name: Title: z Approved for Payment this day of , UNITED CITY OF YORKVILLE, ILLINOIS By: Name: Title: 2 S:\Client Data\Harlem Irving Development\06009\Documents\06-10-11 Development Agreement Project I v6.doc October 11,2006 SCHEDULE 1 PROJECT COSTS EXHIBIT F CONCEPT SITE PLAN EXHIBIT G AUTHORIZATION TO RELEASE SALES TAX INFORMATION The undersigned Taxpayer hereby authorizes the Illinois Department of Revenue ("IDOR") to disclose to the designated village, city, town or county the amount of the local government's share of sales tax received on behalf of the taxpayer. Reporting for a period beginning with tax collected by the department during , (beginning month/ year) and ending with tax collected by the department in (ending month/ year) Provided, however, that only taxes for the store identified,below,may be disclosed and not receipts from the Taxpayer's other locations, if any. This information is to be released to the village, city, town or county of Yorkville, attn: Clerk, Treasurer, Finance Officer, Comptroller, etc'. BUSINESS INFORMATION: (Illinois Business Tax Number) (Taxpayer/Business Name) (Address) (City, Town, Village or County) TAXPAYER: The undersigned is an owner/authorized officer of this business. By: (Signature) (Print Name)' (Title) (Telephone Number) Note: All requests must have a beginning and ending date. Incomplete requests will be returned to the local government. DEVELOPMENT AGREEMENT PROJECT II Between the UNITED CITY OF YORKVILLE, ILLINOIS ." And CANNONBALL LLC Dated as of 2006` " a>„ TABLE OF CONTENTS ARTICLE I - DEFINITIONS ............................................................................ 2 ARTICLE II - DESIGNATION OF DEVELOPER .............................................. 5 ARTICLE III - CONSTRUCTION OF DEVELOPMENT PROJECT.................... 5 3.1 Construction Schedule..................................................................... 5 3.2 Developer to Construct the Project................................................... 5 3.3 Construction Contracts; Insurance ................ ......I.......................... 5 3.4 Governmental Approvals................................ .........`.................... 6 3.5 Concept Site Plan ......................................r...' ..............................6 3.6 Construction Plans ................................ ............'.......................... 6 3.7 Certificate of Substantial Completion.... ....:..............:..................... 6 3.8 Fees............................................................................... :,,................ 6 ARTICLE IV- PAYMENT OF DEVELOPER COSTS .............................. ......... 7 4.1 City's Obligation to Pay Developer,;........ . A 4.2 Reimbursements Limited to Project Costs; Developer's Right to Substitute .................................................:...:..... 7 ARTICLE V -BUSINESS DISTRICT SALES TAX BONDS (PROJECT II).......... 7 5.1 Bond Ordinance: Pledged Taxes ............. . ............................ 7 5.2 Application of Revenues. .......... ................................ 7 5.3 Issuance of Bonds......... 8 5.4 Conditions of Issuance.. : ..................... ...................................... 8 5.5 City's Bond Expenses.... .. .......................................................... 8 5.6 Disbursements to Developer . .......................................................... 8 5.7 Maturity of Bonds.. ::.................................................. 9 5.8 Cooperation in the Issuance of Bonds.............................................. 9 5.9 No Other Bonds or Uses°of;Special Service Area Revenues and Business-District Sales Tax Revenues.................................................... 9 ARTICLE VI- COLLECTION AND USE OF REVENUES.................................. 9 6.1 Creation of Fund... , ........................................................................ 9 6.2 Cooperation in Determining Revenues.............................................. 9 6.3", eporting of S a les............................................................................ 9 6.4 Confidential Information................................................................ 10 6.5 Obligation to Report Pledged Revenues .......................................... 10 ARTICLE VII -GENERAL PROVISIONS....................................................... 10 7.1 Successors and Assigns................................................................. 10 7.1.1 Binding Affect.................................................................... 10 7.1.2 Assignment or Sale............................................................ 10 7.1.3 Assignment or Sale to Exempt Organization....................... 11 7.2 Remedies....................................................................................... 11 7.3 Force Majeure................................................................................ 12 7.4 Notices .......................................................................................... 12 7.5 Insurance; Damage or Destruction of Project ................................. 13 7.6 Inspection...................................................................................... 15 7.7 Choice of Law ................................................................................ 15 7.8 Entire Agreement; Amendment ...................................................... 15 7.9 Counterparts ................................................................................. 15 7.10 Severability.................................................................................. 15 7.11 Representatives Not Personally Liable .......................................... 15 7.12 Indemnification............................................................................ 15 7.12.1 Invalidity......................................................................... 15 7.12.2 Damage or Injury............................................................. 16 7.12.3 Personal Liability............................................................. 16 7.13 Survival............................................................... ........ ............. 16 7.14 Legal Opinion ............................................................................... 16 7.15 Term............................................................. ....... .................... 16 7.16 Conflict........................................................ ...... ................... 16 ARTICLE VIII - REPRESENTATIONS OF THE PARTIES...... ......: .,............ 16 8.1 Representations of the City............ ... .......................... .........,.... 16 8.2 Representations of the Developer ... ................................ ...... ...... 17 2 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 EXHIBITS EXHIBIT A Legal Description of the Property EXHIBIT A-1 Legal Description of the Special Service Area EXHIBIT A-2 Legal Description of the Business District EXHIBIT B Project Costs to be paid with Business District Bond Proceeds EXHIBIT C Form of Certificate of Substantial Completion EXHIBIT D Form of Certificate of Project Costs EXHIBIT E Concept Site Plan EXHIBIT F Form of Power of Attorney F' K DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into as of this day of , 2006, by and between the UNITED CITY OF YORKVILLE, Kendall County, Illinois, an Illinois Municipal Corporation duly organized and existing as a non-home rule unit of government under Section 7, Article VII of the 1970 Constitution of the State of Illinois, and CANNONBALL LLC, an Illinois limited liability company. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in Article I of this Agreement. RECITALS A. As a non-home rule unit of government duly organized under Section 7, Article VII of the 1970 Constitution of the State of Illinois,, the City`has the power to regulate for the protection of the public health; safety,` morals and` welfare of its inhabitants, and pursuant thereto, has the power to encourage private development in order to enhance the local tax base, create employment opportunities and to enter into contractual agreements with private parties in order to achieve these goals. B. As a non-home rule unit of government under the Constitution of the State of Illinois, and under the provisions of the Business. ;District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq., the City has;the authority to cause the creation of a business district, to borrow funds, issue bonds and pledge a portion of its other revenues to facilitate the financing ,.of 'a -business district project, all in accordance with the district plan. C. The Developer proposes to construct an approximately 800,000 square foot mix of retail stores,:restaurants and office space at the intersection of Illinois Route 34 and Cannonball Trail in:the City as described on the Concept Site Plan. D. In order to induce the Developer to undertake the Project, the City has caused the- creation of a business district pursuant to the Business District Development and Redevelopment Act and, pursuant thereto, desires to issue the Business District Sales Tax Bonds (Project II), to pledge the Pledged Local Sales Tax Revenue,;to the retirement of the Business District Sales Tax Bonds (Project II), and to expend the proceeds from the sale of such Bonds to facilitate the financing of the Project. E. On 2006, the Corporate Authorities adopted Ordinance No. "An Ordinance of the United City of Yorkville creating Yorkville Business District No. ` (2006)" making all of the findings required under the Business District Act to cause the creation of the Business District and approving the District Plan. On , 2006, the Corporate Authorities adopted Ordinance No. pledging a portion of the City's share of the retailers' occupation tax and service occupation tax collected within such business district to the retirement of obligations issued in connection with the Business District, and on 2006 in furtherance of the District Plan "An Ordinance of the United City of Yorkville Authorizing the Issuance of $ Business District Number Sales Tax Bonds of the United City of Yorkville, Illinois (Series 2006 - ) (collectively the `Business District Ordinancesl. Now, therefore, in consideration of the premises and promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITIONS As used in this Agreement, including the Recitals hereto which,'by, this reference are incorporated herein, the following words and terms shall have the following meanings: "Agreement" means this Development Agreement, as the same may be from time to time modified, amended or supplemented in writing by the`parties hereto. "Bond Counser means Foley & Lardner LLP, or an attorney at Ilaw or a firm of attorneys acceptable to the City of nationally" recognized standing- it matters est pertaining to the tax-exempt nature of inter on obligations issued by states and their political subdivisions duly admitted to the practice of law before the`highest court of any state of the United State of America or the District of Columbia. "Bonds"means the Business District Sales Tax`Bonds (Project II). "Bond Ordinances"means the Business District Ordinances. "Bond Proceeds" means the gross, sh proceeds from the sale of the Business District Sales Tax Bonds'; (Project II) before payment,of Issuance Costs, together with any interest earned thereon. "Business District" means,the district within the City created pursuant to the Business District Act and legally described on Exhibit A-2 attached hereto and incorporated by reference herein whose boundaries are coterminous with the Property. "Business District Act" ,,means the Business District Development and Redevelopment Act, 65 ILLS 5/13-74.3 et sea. "Business District. Sales Tax Bonds (Project In" means any obligations secured by,the Business iDistrict Sales Tax Revenues and authorized and issued by the City to fund all or a portion of the Project costs in accordance with the Business District Act and this Agreement. "Business District Sales Tax Revenues" means the Pledged Local Sales Tax Revenues. "Certif cote of Project Costs" means a document substantially in the form of Exhibit D, attached hereto and incorporated herein by reference, provided by the Developer to the City in accordance with this Agreement and evidencing Project Costs incurred or to be incurred by the Developer and eligible for payment under the terms of this Agreement. 2 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 "Certificate of Substantial Completion" means a document substantially in the form of Exhibit C, attached hereto and incorporated herein by reference, issued by the Developer to the City in accordance with this Agreement and evidencing the Developer's substantial satisfaction of all material obligations and covenants to construct the Project as set forth in the Concept Site Plan. "City" means the United City of Yorkville, Kendall County, Illinois, an Illinois Municipal Corporation and a non-home rule unit of government duly organized and existing under the 1970 Constitution of the State of Illinois. "City Attorney" means John Wyeth, or an attorney at,law or a firm of attorneys acceptable to the City of recognized standing in matters of. municipal law duly admitted to the practice of law before the highest court of the State of Illinois. "Closing Date," means , 2006 or such earlier date as the City, the Developer and the Underwriter of the Bonds shall mutually agree upon and refers to the transaction at which the Bonds are delivered by the City to the Underwriter, the proceeds are available to be paid to the Developer, and this Agreement is fully executed. "Concept Site Plan" means, collectively, those documents set forth in Exhibit E, attached hereto and incorporated_ herein by reference," depicting the conceptual program for construction of the Project, as modified by the Developer from time to time. "Construction Plans" 'means plans, drawings, specifications and related documents, and construction schedules for the construction of the Project, together with all supplements, amendments or corrections, submitted by the Developer and approved by the City in accordance with and as required by this Agreement. "Corporate Authorities"means the Aldermen and the Mayor of the City. "Developer" means CANNONBALL LLC, an Illinois limited liability company, or its permitted successors or assigns in interest. "Governmental Approvals" means all plat approvals, re-zoning or other zoning changes, the PUD Ordinance, site plan approvals, conditional use permits, variances, building permits, or other subdivision, zoning, or similar approvals required for the implementation of the contemplated Project and consistent with the Concept Site Plan and this Agreement "Issuance Costs" means all costs reasonably incurred by the City in furtherance of the issuance of the Bonds, including without limitation the fees and expenses of financial advisors and consultants, the City's attorneys (including issuer's counsel and Bond Counsel), the City's administrative fees and expenses (including fees and costs of planning consultants), underwriters' discounts and fees, the costs of printing any Bonds and any official statements relating thereto, the costs of credit enhancement, if any, capitalized interest, debt service reserves and the fees of any rating agency rating any Bonds. 3 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 "Net Proceeds" means the proceeds derived from the issuance of the Bonds, net of any Issuance Costs. "Pledged Local Sales Tax Revenue" means fifty percent (50%) of the total revenue from taxes which are paid to the City from the Local Government Tax Fund, as created by an Act of the Illinois General Assembly, 35 ILCS 120/3, as amended, on sales by retailers and servicemen operating within the Business District, and all revenues from any taxes which are paid to the City from the-Local Government Tax Fund on sales by retailers and servicemen operating within the Business District, which are intended to replace the current payments to`the City from the Local Government Tax Fund, as enacted by law or ordinance of the City and of any governmental authority during the Term of this Agreement. "Pledged Revenue"means the Business District Sales Tax Revenue. "Project" means the construction of approximately$22,000 square feet of retail space, restaurants, and office space, including the Project improvements and all work necessary to prepare the Property for the contemplated Project as described in this Agreement as approved or amended'by the Concept" Site Plan, and all other work reasonably necessary to effectuate the intent of this Agreem'e'nt.'` "Project Costs" mean the sum total of all reasonable or necessary costs actually incurred in constructing the',Project and any such costs incidental thereto. "Property" means approximately One Hundred Forty (140) acres of real property (including without limitation all options held by third parties, fee interests, leasehold interests, tenant-in-common interests and such other like or similar interests) and existing ,improverents" necessary for the implementation of the contemplated;,Project as legally described on Exhibit A hereto by this reference incorporated,herein' ; "PUD Ordinanee',means Ordinance No. passed by the Corporate Authorities of the City granting a special use for planned unit development for the Property arid related matters. "Sales, Tax Acts" means the Illinois Retailers' Occupation Tax Act, 35 ILCS 120/1 et seg. and the Illinois Service Occupation Tax Act, 35 ILCS 115/1 et sea. "Special Service Area" means the area within the City created pursuant to the SSA Law containing the commercial portion of the Project and legally described in Exhibit A-1, attached hereto and incorporated herein by this reference whose boundaries are coterminous with the Property. "Special Service Area Revenues"means the SSA Tax. "SSA Bonds" means those obligations secured by the Special Service Area Revenues and authorized and issued by the City pursuant to Ordinances No. and No. adopted by the City on , 2006. 4 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11, 2006 "SSA Tax" means an ad valorem tax levied by the City in the Special Service Area in an amount sufficient to pay principal of and debt service on the SSA Bonds in accordance with the SSA Ordinances. "Trustee" means the trustee or fiscal agent for any issue of Bonds. "Underwriter" means William Blair & Company or any firm of nationally recognized underwriters chosen by the City. ARTICLE II DESIGNATION OF DEVELOPER The City hereby selects the Developer to constructor cause the construction of the Project in accordance with the Concept Site` -Plan, this Agreement and all Governmental Approvals. Provided that the Bonds have first been issued and sold, the Developer hereby accepts such designation and,agrees to cause the completion of the Project in accordance with the terms and conditions hereof. ARTICLE III CONSTRUCTION OF DEVELOPMENT PROJECT 3.1 Construction Schedule. The Developer shall commence construction of the Project within One Hundred Twenty (120) days of the later to occur of (a) Developer obtaining all necessary permits and Governmental Approvals; or (b) six (6) months after execution of this Agreement, and shall substantially complete construction of the following approximate"square of retail, restaurant and commercial space comprising the Project as follows: November, 2007 188,"550 square feet of anchor space; March, 2008 444,690 square feet (including approximately 185,000 square feet of anchor space); October;, 2008 35,600 square feet; March, 2009 140,000``square feet; and October; 2009 18,000 square feet; all subject to force majeure as set forth in Section 7.3 below. 3.2 Developer to Construct the Project. The Developer shall commence or cause the commencement„of the construction of the Project in accordance with the terms of this Agreement and the Concept Site Plan. To the extent of any inconsistency among the foregoing, the parties agree that the Concept Site Plan shall govern so long as performance in accordance therewith does not violate Governmental Approvals. The Developer shall complete or cause the completion of the Project in accordance with the terms of and the schedule set forth in Section 3.1 of this Agreement. 3.3 Construction Contracts; Insurance. The Developer may enter into or cause to be entered into one or more construction contracts to complete the Project. Prior to the commencement of construction of any portion of the Project, the Developer shall obtain or shall require that any of its contractors obtains workers' compensation, 5 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 comprehensive public liability and builder's risk insurance coverage in commercially reasonable amounts and shall deliver evidence of such insurance to the City. 3.4 Governmental Approvals. The City agrees to employ reasonable and good faith efforts to cooperate with the Developer and to process and timely consider and respond to all applications for the Governmental Approvals as received, all in accordance with the applicable City ordinances and laws of the State of Illinois. 3.5 Concept Site Plan. The Concept Site Plan is hereby approved in accordance with applicable City ordinances and codes. 3.6 Construction Plans. The Construction Plans for the Project shall be prepared by a professional engineer or architect licensed to practice in the State of Illinois and the Construction Plans and all construction practices and,procedures with respect to the Project shall be in substantial conformity with all applicable state and local laws, ordinances and regulations. In conjunction with:,"''obtaining a building permit for the commencement of construction of the Project, the Developer shall submit Construction Plans for approval by the City "in 'sufficient=,completeness and detail to show that construction will be in conformance with the Concept Site Plan and this Agreement. 3.7 Certificate of Substantial Completion. Promptly after substantial completion of the Project, the Developer shall furnish to° he City a"'Certificate of Substantial Completion. The City shall, within thirty (30)„days following delivery of the Certificate of Substantial Completion, carry out such inspections"as it deems necessary to verify to its reasonable satisfaction--,the accuracy of the certifications contained in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be deemed accepted by the City unless, within"thirty (30) days following delivery of the Certificate of Substantial Completion, the City furnishes the Developer with specific written objections to the status"of they Project, describing such objections and the measures required to correct such objections in reasonable detail. Upon acceptance of the Certificate'of"Substantial"Completion by the City or upon the lapse of thirty (30) days after "delivery' "thereof to the City without any written objections thereto, the Developer may record the Certificate of Substantial Completion with the Kendall County Recorder of Deeds, and the same shall constitute evidence of the satisfaction of the Developer's agreements and covenants to construct the Project. The Certificate of Substantial.,Completi6n shall be in substantially the form attached as Exhibit C, attached hereto°and incorporated by reference herein. 3.8 Fees. Other than customary tap fees, no fee or charge of any description including, without limitation, building permits, plan review, inspection fees, or other regulatory fees or charges, shall be imposed on Developer or on the development and use of the Property unless, as of the date of this Agreement, such fee or charge is an existence and being collected by the City on a uniform basis from all owners, users, and petitioners of property within the City. The City shall not increase the amount of any fee or utility fees, application fees, or user fees during the Term of this Agreement unless such increases are (i) made generally applicable to all owners and users of property within the City and (ii) reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. 6 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11, 2006 ARTICLE IV PAYMENT OF DEVELOPER COSTS 4.1 City's Obligation to Pay Developer. The City agrees to pay Developer for certain verified Project costs in the amounts and from the sources as set forth on Exhibit B, attached hereto and by this reference incorporated herein, as may be adjusted pursuant to this Article IV. Subject to the terms of the Bond Ordinance and this Agreement, the City agrees to issue the Business District Sales Tax Bonds (Project II) and to pay the Developer net proceeds in an '. amount equal to Dollars ($ ) for verified Project costs as provided in Article V of this Agreement. 4.2 Reimbursements Limited to Project Costs; Developer's Right to Substitute. Nothing in this Agreement shall obligate the City to issue Bonds to pay Developer for any Project cost that does not qualify for payment under"the Business District Act. The Developer shall, at the City's request, provide itemized construction. draws, invoices, or receipts or, in the case of the acquisition of land, evidence that the Developer has acquired fee title to such land"and evidence of the total acquisition price of such land, reasonably requested by the City to confirm that any such cost is so incurred and does so qualify. Each such request shall be in the form of a Certificate of Project Costs and accompanied by a,certification by the Developer that such cost is eligible for payment or reimbursement under the Business District Act. The parties agree that each of the categories of costs set forth in Exhibit`B shall constitute Project costs which are eligible for payment'or reimbursement in accordance with the Business District Act and this Agreement.; The Developer shall not be limited to the total amount of payment or reimbursement shown for each such category on Exhibit B, but shall be entitled'to payment or reimbursement for Project costs from any of the categories set forth therein, without regard to the maximum amounts shown for each category, up to the maximum aggregate amount established in Section 4.1 of this Agreement. If the City engineer`deterrnines .1 hat any cost identified as a Project cost is not a reimbursable cost under the Business District Act, the City shall so notify the Developer.=in'writing within thirty (30) days as provided in Section 5.6 of this Agreement, identifying the ineligible cost and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right to contest such determination and/or identify and substitute other Project costs with a supplemental application for payments' ARTICLE V BUSINESS DISTRICT SALES TAX BONDS (PROJECT II) 5.1 Bond Ordinances: Pledged Taxes. The City has adopted the Bond Ordinances for the Business District Sales Tax Bonds (Project II), subject to the provisions of Section 5.3, and has provided for the designation of a Trustee. The Business District Sales Tax Bonds (Project II) shall be secured by a pledge of the Business District Sales Tax Revenues. The Bond Ordinances provide for the segregation and deposit of the Pledged Revenue. 5.2 Application of Revenues / Abatement of SSA Tax. On , 2006, the City approved Ordinance No. creating the Special Service Area, authorizing the issuance of the SSA Bonds, and providing for the levy of the SSA Tax. The 7 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 Business District Sales Tax Revenues shall first be applied to the retirement of the Business District Sales Tax Bonds (Project II) and then, to extent there are any excess Business District Sales Tax Revenues, to the abatement of the SSA Tax, and finally, to the Developer to reimburse the Developer for any SSA Tax paid by the Developer or any other Project costs approved by the City, all in accordance with the Bond Ordinances. 5.3 Issuance of Bonds. The City agrees to issue the Bonds pursuant to the Business District Act in an amount to be determined by the Underwriter based on the amount of Business District Sales Tax Revenue projected to be"deposited in the various funds and accounts as provided for in the Bond Ordinances; provided, however, in no event shall the aggregate Net Proceeds of the Bonds initially deposited in the Project fund created under the Bond Ordinances equal an amount less than Dollars ($ ), In addition to the Net Proceeds of $ for Project costs, the" 'amount of the "Bonds shall be sufficient to pay for the cost of issuing the Bonds, including by way of illustration and not limitation, all necessary capitalized interest, issuance costs, legal fees and consultant's fees approved by the City, and reserve funds,,as provided in the Bond Ordinances. The Bonds shall not be general obligations 'of the City and shall be secured solely by the Business District Sales Tax Revenue. Neither this Agreement nor the Bonds shall constitute a full faith and credit obligation of the City. 5.4 Conditions of Issuance. The City's obligation to issue the Bonds described in Section 5.3 is expressly contingent on a bond opinion from Foley 8v Lardner LLP opining that the Bonds are being issued in accordance with the Business District Act, and that the interest thereon is exempt from federal taxation. 5.5 City's Bond Expenses. The administration of the Bonds has resulted and will result in expenses for the City. Any Trustee's fees or legal fees for a legal opinion to be relied on by the bond holders;'' due and."owing as of the Closing Date, shall be paid from Bond proceeds. 5.6 Disbursements to Developer. Except as otherwise provided herein, the City shall,,,,within ten (10) days after'acceptance by the City of each Certificate of Project Costs, submit the Certificate to the Trustee for the Bonds with instructions to reimburse' the Developer;'' or the party designated by the Developer, for such construction,,advances in;",the amount set forth therein (a "Construction Payment'j. The City shall Accept or reject each Certificate of Project Costs submitted by Developer within thirty (30);.days after submission by the Developer. Such acceptance or rejection by the City of each Certificate shall be in writing, and in the case of a rejection, shall specifically state the reasons for such rejection. If the City rejects any Certificate of Project Costs submitted by Developer, Developer shall have the right to identify and substitute eligible Project costs. If the City fails to accept or reject the Certificate of Project Costs within thirty (30) days after submission by Developer, the resulting Construction Payment(s) shall be deemed to have been accepted by the City on the thirty-first (31St) day after submission of the Certificate of Project Costs by the Developer. Construction Payments shall be issued no more than once every month until all such Construction Payments as are required by this Agreement have been paid. 8 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 5.7 Maturity of Bonds. The final maturity of the Bonds shall not exceed the maximum term permissible under the Business District Act. The Bonds shall bear interest at such rates, shall be subject to redemption and shall have such terms as the City shall determine in its sole discretion. 5.8 Cooperation in the Issuance of Bonds. The Developer covenants to cooperate and take all reasonable actions necessary to assist the City and Bond Counsel, the Underwriter and the City's financial advisor in the preparation of offering statements, private placement memorandum or other disclosure documents and all other documents necessary to market and sell the Bonds. 5.9 No Other Bonds or Uses of Business District Sales Tax Revenues. So long as there is any indebtedness owing from the City to the Developer hereunder, the City shall not issue any other indebtedness or obligationsaecured by the Pledged Revenue other than the Bonds, and the City shall not use or apply any Pledged Revenue to pay any costs other than the Bonds and the costs incurred in the administration of the Bonds, as contemplated by this Agreement. „ Following the payment in 'full of any indebtedness to the Developer, the City may utilize any excess Pledged Revenue that are not needed to pay the Bonds or other outstanding obligations for any authorized purpose under applicable law. ARTICLE VI COLLECTION AND USE OF REVENUES 6.1 Creation of Fund. The,City agrees to cause its Director of Finance or other - financial officer to maintain the funds required by the Bond Ordinances including such further accounts r:.or sub-accounts as are required therein, by this Agreement or . as the Director of Finance of the. City may deem appropriate in connection with the administration of the fund pursuant to this Agreement. Subject to the requirements of the Act, the City will promptly upon"receipt ereof deposit all Business District Sales Taxes in the fund or in such other accounts as required under the Bond Ordinances. 6.2 Cooperation in Determining I Revenues. The City and the Developer agree to cooperate and take all-reasonable actions necessary to cause the Pledged Revenues to be paid-'into the funds and accounts as provided in the Bond Ordinance, including the City's enforcement and collection of all such payments through all reasonable and ordinary legal means of enforcement. 6.3 Reporting,of Sales. To further assist the City in calculating the Business District Sales Tax Revenues, the Developer (or its successor(s) in interest as owner or owner(s) of the Property shall, during the Term of this Agreement, use all reasonable efforts to cause businesses operating on the Property, to properly collect and report any Business District Sales Tax Revenue. The Developer shall satisfy this requirement by making a good faith effort to cause the fee title holder of the Property to include the obligation to execute a power of attorney authorization to release sales tax information to the City in the form of Exhibit F within any deed conveying a portion of the Property or into any lease entered into with any tenant. Except as provided in this Article, the Developer shall have no obligation to enforce or collect the payment of Business District Sales Tax Revenue by any "retailer or servicemen." 9 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11, 2006 6.4 Confidential Information. The City acknowledges and agrees that information to be provided by the owners and lessees hereunder is proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to the owners and lessees, and to the extent permitted by state or federal law including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the City agrees to hold in confidence all sales figures and other information provided by the State of Illinois, or any owner or lessee of a portion of the Property, or obtained from any such owner's or lessee's records in connection with this Agreement, and in connection therewith, the City shall not copy any such information except as necessary for dissemination to the City's agents or employees as permitted hereinafter. The City shall be permitted to disclose such information (i) tolts agents or employees who are reasonably deemed by the City to have a need to know,such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information to the extent required of;the City hereunder or (ii) to the extent required by order of court or by state or. federal law. Th _ confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the City, its""successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. The City,shall promptly notify Developer and any affected owner or lessee as to a Freedom of Information Act request and the commencement of any legal action in regard thereto such that Developer and/or any such owner or lessee shall have a meaningful opportunity,to object to the release of any such confidential information and to`take -such action "as such owner or lessee deems necessary in order to protect,,., against- the release of such confidential information. 6.5 Obligation to Report Pledged Revenues. Any purchaser or transferee of the Property, and any lessee or other-user of the Property, shall use all reasonable efforts to timely furnish to the City such documentation as is required by Section 6.3 hereof. So long as any Bond is outstanding:such obligation shall be a covenant running with the land and shall be enforceable as if such purchaser, transferee, lessee or other user of such real property were originally a party to and bound by this Agreement. ARTICLE VII GENERAL PROVISIONS 7.1 Successors and Assigns. 7.1.1 Binding,"Affect. This Agreement shall be binding on and shall inure to the benefit of the parties named herein and their respective heirs, administrators, executors, personal representatives, successors and assigns. 7.1.2 Assignment or Sale. All or any part of the Property or any interest therein may be sold, transferred, encumbered, leased, or otherwise disposed of at any time, and the rights of the Developer named herein or any successors in interest under this Agreement or any part hereof may be assigned at any time before, during or after redevelopment of the contemplated Project, whereupon the party disposing of its interest in the Property or assigning its interest under this Agreement shall be thereafter released from further obligation under this Agreement (although any such Property so disposed of or to which such interest 10 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11, 2006 pertains shall remain subject to the terms and conditions of this Agreement), provided that until substantial completion of the contemplated Project, the rights, duties and obligations of the Developer under this Agreement shall not be assigned in whole or in part without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed upon a reasonable demonstration by the Developer of the proposed transferee's or assignee's experience and financial capability to undertake and complete such portions of the Project and perform the Developer's obligations under this Agreement, all in accordance with this Agreement. Notwithstanding anything herein to the contrary, the City hereby approves, and no prior consent shall be required in connection with: (a) the right of the Developer to encumber or collaterally assign its interest in the Property or any portion thereof to secure loans, advances or extensions of credit to finance or from time to time refinance all or any part of the Project costs, or the right of the holder of any such encumbrance or transferee of any such collateral assignment (or trustee or agent on its behalf) to transfer such interest by foreclosure or transfer in lieu of foreclosure under such encumbrance or collateral assignment; or fb)`the right of Developer to assign the Developer's rights;,duties and obligations under this Agreement to any party related to the Developer by'one of the relationships described in Section 267(b) of the United States Internal Revenue Code of 1986, as amended; provided that in each such event Ji) the Developer named herein (Cannonball LLC) shall remain liable hereunder for the substantial completion of the contemplated Project and shall be released from such liability hereunder only upon substantial completion of the 'contemplated Project and (ii) the Developer provides to,,the City thirty (30) days' advance written notice of the proposed assignment or transfer. 7.1.3 Assignment or Sale to Exempt Organization. Prior to any sale, transfer or other.,disposition of the Property or any interest therein to an organization exempt from " payment of ad valorem property taxes, such organization shall be required to agree not to apply for an exemption from payment of such property taxes for a period ending on the earlier of the date that all SSA Bonds are paid in full or twenty-three (23) years from the date that the SSA Bond Ordinance was adopted by the City. 7.2n Remedies. Except as otherwise provided in this Agreement and subject to the Developer's and the City's"respective rights of termination, in the event of any default in or breach ..of any term or conditions of this Agreement by either party, or any successor, the defaulting or breaching party (or successor) shall, upon written notice from the other party specifying such default or breach, proceed immediately to cure or remedy such default or breach, and shall, in any event, within thirty (30) days after receipt of notice, commence to cure or remedy such default or breach. In the event that the defaulting or breaching party (or successor) diligently and in good faith commences to cure or remedy such default or breach but is unable to cure or remedy such default or breach within thirty (30) days after receipt of notice, the defaulting or breaching party (or successor) shall, prior to the end of such thirty (30) days, provide notice to the other party that it has in good faith commenced to cure or remedy such default or breach, whereupon the defaulting or breaching party (or successor) shall have an additional ninety (90) days to cure or remedy such default or breach. In case such cure or remedy is not taken or not diligently pursued, or the default or breach 11 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 shall not be cured or remedied prior to the end of the additional ninety (90) day period, the remedy to the aggrieved party shall be as set forth below: (i) If the Developer is in breach of this Agreement, the City's sole and exclusive remedy, at law or in equity, shall be to suspend payments to the Developer under this Agreement until the Developer has cured or substantially cured such breach, at which time payments to the Developer under this Agreement shall resume. (ii) If the City is in breach of this Agreement, the Developer"nay pursue any and all legal and equitable remedies available to it as a result of such breach, including without limitation termination of this„Agreement or proceedings to compel specific performance. 7.3 Force Majeure. Neither the City nor the Developer nor and ,successor in interest shall be considered in breach or default of their respective obligations under this Agreement, and times for performance of obligations,hereunder shall tie extended in the event of any delay caused by force majeure, including without limitation, damage or destruction by fire or casualty; strike; 'lockout; civil disorder; war; restrictive government regulations; lack of issuance of any permits and/or legal authorization by the governmental entity necessary for the Developer to proceed with construction of the work or any portion thereof; delay in commencement or completion of any and all work to be performed by'others that affects Developer's ability to commence or complete the Project; shortage of"',delay in shipment of material or fuel; acts of God; unusually adverse weather'or wet soil conditions; or other like causes beyond the parties' reasonable:control, including without limitation any litigation, court order or judgment resulting from any litigation affecting the validity of the Redevelopment Plan, the contemplated Redevelopment Project or the TIF Bonds, this Agreement, or eminent domain actions; provided that such event of force majeure shall not be deemed to exist A _'to a'Ay matter initiated or sustained by either party to this Agreement in bad faith, and further provided that the party claiming the benefits of this Section'7.3­ notifies,. the other in writing within thirty (30) days of the commencement of such claimed event of force majeure. 7.4 Notices. Any notice, demand or other communication required by this Agreement to be given by either party hereto to the other shall be in writing and shall be sufficiently,given or delivered if (i) dispatched by certified United States first class mail, postage',prepaid, (ii) sent by a nationally recognized overnight courier, or (iii) delivered personally (i) In the case of the Developer, to: Cannonball LLC c/o The Harlem Irving Companies, Inc. Attn: Managing Director of Real Estate 4104 North Harlem Avenue Norridge, IL 60706 With a copy to: Cannonball LLC c/o The Harlem Irving Companies, Inc. 12 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 Attn: General Counsel 4104 North Harlem Avenue Norridge, IL 60706 With a copy to: Polsky &Associates, Ltd. 205 N. Michigan Avenue 41 st Floor Chicago, IL 60601 (ii) In the case of the City, to: United City of Yorkville,,Illinois Office of the Mayor 800 Game Farm,Road Yorkville, Illinois 60560 And United City of Yorkville;Illinois Office of the Treasurer, 800.Game Farm Road„ Yorkville,'Illinois 60560 With a copy to: Foley & Lardner LLP Attn: Christopher N. Knight 321 N. Clark Street Suite 2800 Chicago, Illinois 60610 or to such other address(es) with respect to either party as that party may, from time to time, designate in writing and-forward to the other as provided in this paragraph. 7.5 insurance; Damage or Destruction of Project. The Developer shall provide and maintain, or cause'to be provided and maintained, at the Developer's own expense;-during the Term of the Agreement (or as otherwise specified below), the insurance coverages an&requirements specified below, insuring all operations related to the Agreement. (a) Throughout the Term of the Agreement W Commercial General Liability Insurance (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages shall include the following: All premises and operations, products/completed operations, independent contractors, separation of insureds, defense, and contractual liability (with no limitation endorsement). The City is to be named as an additional 13 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11, 2006 insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work. (b) Construction W Commercial General Liability Insurance (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits of not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages shall include the following: All premises and operations, products/completed operations (for a"minimum of two (2) years following project completion), explosion, collapse, underground, independent contractors, separation of insureds, defense, and contractual liability (with no limitation endorsement) The City is to be named as an additional insured on a piimary, non- contributory basis for any liability;arising directly,or indirectly from the work. (ii) Builders Risk Insurance When the Developer- or its contractor undertakes any construction, including .: improvements, betterments, and/or repairs, the Developer shall provide, or cause to be provided All Risk Builders Risk Insurance at replacement cost for materials, supplies, equipment, machinery"and fixtures that are or will be part of the permanent facility. Coverages shall include but are not limited to the following: collapse, boiler and machinery if applicable. The City shall be named as an additional insured and loss payee." (c) Post-Construction W Post--construction, throughout the Term of the Agreement, All Risk Property Insurance, including improvements and betterments in the amount of full replacement value of the Property. Coverage extensions shall include business interruption/loss of rents, flood and.boiler and machinery, if applicable. The City is to be named an"'additional insured on a primary, non-contributory basis. (d) Other Requirements The Developer will furnish the City original Certificates of Insurance evidencing the required coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the Term of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. 14 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 The insurance shall provide for 60 days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed. Any and all deductibles or self insured retentions on referenced insurance coverages shall be borne by the Developer. The Developer shall require the general contractor, and all subcontractors to provide the insurance required herein. 7.6 Inspection. The City may conduct such periodic- inspections of the construction of the Project as may be generally provided in'the building code of the City. The Developer shall not unreasonably deny the City and its officers, employees, agents and independent contractors the right to "inspect,.. upon request, all architectural, engineering, demolition, construction- and other contracts and documents pertaining to the construction of the .Project as the City determines is reasonable and necessary to verify the Developer's compliance with the terms of this Agreement. 7.7 Choice of Law. This Agreement shall be deemed to have been fully executed, made by the parties in, and governed by the laws of the State of Illinois without regard to its conflicts of laws provisions for all purposes and intents. 7.8 Entire Agreement; Amendment. The, parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than these contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing and effective when signed by the authorized agents of the parties. 7.9 Counterparts This Agreement is executed in multiple counterparts, each of which shall constitute one and the same instrument. 7.10 Severability. In the event any term or provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect, td`the extent the remainder can be given effect without the invalid provision. 7.11 Representatives Not Personally Liable. No elected or appointed official, agent, employee or representative of the City shall be personally liable to the Developer in the event of any, default or breach by any party under this Agreement, or for any amount which may become due to any party or on any obligations under the terms of this Agreement. This provision shall not apply to the opinion to be given by the City Attorney. 7.12 Indemnification. The indemnifications and covenants contained in this Section shall survive termination or expiration of this Agreement. 7.12.1 Invalidity. Except for the opinion of the City Attorney as provided for in Section 7.14 of this Agreement, the City and its governing body members, officers, agents, employees and independent contractors shall not be liable to the Developer for damages or otherwise in the event that all or any part of the 15 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 SSA Law or the Business District Act, or any ordinance adopted in connection with either the Law or the Act, this Agreement or the Business District Plan, is declared invalid or unconstitutional in whole or in part by the final (as to which all rights of appeal have expired or have been exhausted)judgment of any court of competent jurisdiction, and by reason thereof either the City is prevented from performing any of the covenants and agreements herein or the Developer is prevented from enjoying the rights and privileges hereof. 7.12.2 Damage or Injury. The City and its governing body members, officers, agents, employees and independent contractors shall"not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, employees, independent contractors or any other,persons who may be about the Property or the Project except for matters arising out of the gross negligence or willful misconduct of the City.and,its governing body members, officers, agents, attorneys, employees and independent contractors. 7.12.3 Personal Liability. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any of its governing body members; :officers, agents, employees or independent contractors in their individual capacities. 7.13 Survival. Notwithstanding the expiration or termination or breach of this Agreement by either party, the agreements contained in Sections 7.7, 7.8, 7.9, 7.10, 7.13, and 7.16 and Article VIII of this Agreement shall except as otherwise expressly set forth herein, survive such expiration,,or early termination of this Agreement by either party. 7.14 Legal Opinion As of the effective date of the City's ordinance authorizing the execution of this Agreement,°the City Attorney shall provide the Developer, Developer's Counsel and the City's Bond Counsel with an opinion in a form mutually agreeable to each of them." w. 7.15„ Term. The term of this Agreement shall commence on the Closing Date and shall terminate upon the retirement of the Bonds, unless earlier terminated pursuant to the provisions of this Agreement. 7.16 Conflict. In the event of any inconsistency or conflict between the terms of this Agreement and the,Bond Ordinances, the terms of the Bond Ordinances shall control. ARTICLE VIII REPRESENTATIONS OF THE PARTIES 8.1 Representations of the City. The City hereby represents and warrants that it has full constitutional and lawful right, power and authority, under current applicable law, to execute and deliver and perform the terms and obligations of this Agreement, including without limitation the right, power and authority to issue and sell the Bonds, and all of the foregoing have been or will be, upon adoption of the ordinances authorizing the issuance of the Bonds, duly and validly authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement 16 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11, 2006 constitutes the legal, valid and binding obligation of the City, enforceable in accordance with its terms. 8.2 Representations of the Developer. The Developer hereby represents and warrants it has full power to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing has been duly and validly authorized by all necessary proceedings. This Agreement constitutes the legal, valid and binding obligation of the Developer, enforceable in accordance with its terms. (The remainder of this page intentionally left blank.) 17 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names and the City has caused its seal to be affixed thereto, and attested as to the date first above written. "CITY" UNITED CITY OF YORKVILLE, ILLINOIS By: Mayor (SEAL) ` Attest: City Clerk "DEVELOPER" CANNONBALL LLC, an Illinois limited liability company By: The Harlem lrving Companies, Inc. By: Title: r„ [SIGNATURE PAGE TO DEVELOPMENT AGREEMENT] STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) On this_ day of , 2006, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the Mayor of the UNITED CITY OF YORKVILLE, ILLINOIS, a political subdivision of the State of Illinois, and that the seal affixed to the foregoing instrument is the seal of said City, and said instrument was signed and sealed in behalf of said City by,authority of its City Council, and said acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above'written. Notary Public 3 (SEAL) My Commission Expires: STATE OF ) )SS COUNTY OF ) On this _ day of , 2006, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the of THE HARLEM IRVING COMPANIES, an Illinois corporation, and a of CANNONBALL LLC, an Illinois limited liability company and that he is authorized to sign the instrument on behalf of said company, and acknowledged:to'g me that he executed the within instrument as said company's free act and deed: °_ IN TESTIMONY WHEREOF, I have hereunto set my fi` d,; d affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public (SEAL) My Commission Expires: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET;THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH'A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST,AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST,AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST,52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,287.40 FEET;THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST,7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AXARC LENGTH.OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25:Q0 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20 SECONDS EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83,,DEGREES 11 MINUTES 08 SECONDS EAST,763.20 FEET; THENCE SOUTHEASTERLY ALONG-A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST,AN ARC LENGTH OF 333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00'FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE,331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST,ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST,48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST,470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S.ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, 378.99 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES 2 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 EXHIBIT A-I LEGAL DESCRIPTION OF THE SPECIAL SERVICE AREA THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19;THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET;THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 46 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH`A RADIUS OF 9$1 0.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST,AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVETO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST,AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST,52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST, 7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONGACURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC LENGTH OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A,RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 2S� fNUTES.20 SECONDS EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11 MINUTES 08,.SECONDS EAST,763.20 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST,AN ARC LENGTH OF 333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET;,-THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST,7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,AN ARC LENGTH OF 10 1.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST,784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST,ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST,48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST,470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S.ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE,378.99 FEET TO THE POINT OF BEGINNING,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES 2 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11, 2006 EXHIBIT A-2 LEGAL DESCRIPTION OF THE BUSINESS DISTRICT THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19;THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET;THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST,AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST,AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST,52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES,45;SECONDS WEST,7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,AN ARC LENGTH OF 146.68 FEET; .THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC',LENGTH OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20'�.SECONDS EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11 MINUTES 08 SECONDS EAST,763.20 FEET; THENCE SOUTHEASTERLY ALONG A:CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST,AN ARC LENGTH OF-333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST,784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE,331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST,ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST,48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST,470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE,378.99 FEET TO THE POINT OF BEGINNING,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES ,N 2 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project II vl.doc October 11,2006 EXHIBIT B PROJECT COSTS TO BE PAID FROM BUSINESS DISTRICT BOND PROCEEDS CAfiEGf3RX ESTIMATED COSTS* - Project Costs r Includes site costs, on-site utilities, , and Total Eligible Project Costs $ EXHIBIT C CERTIFICATE OF SUBSTANTIAL COMPLETION The undersigned, CANNONBALL, LLC, an Illinois limited liability company (the "Developer"), pursuant to that certain Development Agreement dated as of , 2006, between the UNITED CITY OF YORK-VILLE, Illinois (the "Cityl and the Developer (the "Agreement"), hereby certifies to the City as follows: 1. That as of , the construction of the Project (as that term is defined in the Agreement) has been substantially completed in accordance with the Agreement. 2. The work has been performed in accordance with the Construction Plans (as those terms are defined in the Agreement),. 3. The Developer is issuing this Certificate of Substantial Completion to the City in accordance with the Agreement to evidence the Developer's satisfaction of all material obligations and covenants with respect to the Project. 4. The acceptance or the failure of the City to object in writing to this Certificate within thirty (30) days of.;the date of delivery of this Certificate to the City (which written objection, if any,`must be delivered'to the Developer prior to the end of such thirty (30) days) shall evidence the satisfaction of the Developer's agreements and coveriants'to perform the work and complete the Project. Upon such acceptance by the City, the Developer may record this Certificate in the office of the Kendall.County Recorder of Deeds. This Certificate is given without prejudice to any rights a'alnsf�third`parties which exist as of the date hereof or which may subsequently come into being. Terms not otherwise defined herein shall have the meaning ascribed tt ;such terms,in the Agreement. IN WITNESS WHEREOF, the undersigned has hereunto set his/her hand this _ day of , CANNONBALL LLC, an Illinois limited liability company By: THE HARLEM IRVING COMPANIES BY: Title: ACCEPTED: UNITED CITY OF YORKVILLE, ILLINOIS By: Name: Title: (Insert Notary Fcrm(s) and Legal Description) EXHIBIT D CERTIFICATE OF PROJECT COSTS TO: United City of Yorkville, Illinois Office of Treasurer Yorkville, Illinois Attention: Re: Terms not otherwise defined herein shall have,the meaning ascribed to such terms in the Development Agreement dated as of , 2006 (the "Agreement', between the City and CANNONBALL LLC, an Illinois limited liability company'(the 'Developer'. In connection with said Agreement, the undersigned hereby;states and certifies that: 1. Each item listed on Schedule 1 hereto is a reimbursable Project cost and was incurred in connection with.the construction'of the Project. 2. These Project costs have been paid by the Developer and are reimbursable under the Bond Ordinances aril the Agreement. 3. Each item listed'on Schedule:1 has not previously been paid or reimbursed frorri money derived from the Project Fund or any money derived from any project fund established pursuant to the Bond Ordinances, and no part thereof has been included,in any other certificate previously filed with the City. 4. There;has not been filed with or served upon the Developer any notice of any lien, right of lien or attachment upon or claim affecting the right of any person, firm or corporation to receive payment of the amounts stated in this request, except to the extent any such lien is being contested in good faith. 5. All work for which payment or reimbursement is requested has been performed.,,in accordance with the Concept Site Plan and the Agreement. 6. If any"cost item to be reimbursed under this Certificate is deemed not to constitute a reimbursable project cost within the meaning of the Business District Development Act or the Agreement, the Developer shall have the right to substitute other eligible Project costs for payment hereunder as are eligible under the application statutory authority. 7. The Developer is not in default or breach of any material term or condition of the Agreement beyond the applicable cure period, if any. Dated this day of , By: CANNONBALL LLC, an Illinois limited liability company By: THE HARLEM IRVING COMPANIES Name: Title: Approved for Payment this day of , UNITED CITY OF YORKVILLE, ILLINOIS By: Name: Title: 2 S:\Client Data\Harlem Irving Development\06018\Documents\06-09-14 Development Agreement Project Il vl.doc October 11,2006 SCHEDULEI PROJECT COSTS EXHIBIT E CONCEPT SITE PLAN EXHIBIT F AUTHORIZATION TO RELEASE SALES TAX INFORMATION The undersigned Taxpayer hereby authorizes the Illinois Department of Revenue ("IDOR") to disclose to the designated village, city, town or county the amount of the local government's share of sales tax received on behalf of the taxpayer. Reporting for a period beginning with tax collected by the department during , (beginning month/ year) and ending with tax collected by the department in (ending month/ year) Provided, however, that only taxes for the store identified,below may be disclosed and not receipts from the Taxpayer's other locations, if any. This information is to be released to the village, city, town or county of Yorkville, attn: Clerk, Treasurer, Finance Officer, Comptroller, etc: BUSINESS INFORMATION: (Illinois Business Tax Number) (Taxpayer/Business Name) (Address) (City, Town, Village or County) TAXPAYER: The undersigned'is-an owner/authorized officer of this business. By: (Signature) (Print Name) (Title) (Telephone Number) Note: All requests must have a beginning and ending date. Incomplete requests will be returned to the local government. FM / / --- - a- lu' A■ pwtl$y. 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'Y!■I• ------•1■I` =•I■.iBl• =^I■I• "ISII: X=­=.11ri'-= 'lal• I I I I I I I _ I - . . . . . . . . . . . . . ► _ \ "5re � FUNRE LY ROOM ape+roBEL �i j • a r . _ . . r . - 1 w Li d) — o , R ATH • I' '• m oROOM v ♦ a �: 221.% O BELOH ry r Lu • y O I 1 I I I I W LU I 1 I I I I Q ., Q - N Ln 5 WO j >; TYPICAL lot FLOOR TYPICAL 2nd FLOOR TYPICAL 3r6i FLOOR SCALE:3/6 =1'-0,, SCALE:3/6 =1'-0" SCALE:3/611 = 1'-0" o \: 2'70' 30' m 3301 �r —-—- WALNUT STREET -—-—-— r SITE PLAN SCALE 1'-D" •Y32 = TYPICAL SIDE ELEVATION 5CALE:/8'= 1'-O" re Pa eg 1 of 2 DR--A-FT ECONOMIC DEVELOPMENT COMMITTEE Thursday,June 29, 2006 7:00 pm City Hall Conference Room Present: Alderman Marty Munns, Chairman Dan Kramer City Attorney John Wyeth Jim Ratos Travis Miller Lynn Dubajic Tony Graff John Phillipchuck Pete Huinker Gary Neyer Rick Murphy The meeting was called to order at 7:04 pm by Chairman Munns. 1. Approval/Correction of Minutes: May 25, 2006. 3. EDC 2006-15 Building Permit Report for May 2006—This will move to July EDC. 4. PC 2006—Heartland Crossing—Annexation, Zoning, and Preliminary PUD Plan —There was a Public Hearing at Plan Commission. This will move on to COW on August 15th 5. PC 2006-05 Bristol Ridge—Annexation,Zoning, and Preliminary Plan—There was a 5—2 vote from the Plan Commission in favor of the Preliminary Plan. This will move on to City Council on July 11''for a Public Hearing. 6. PC 2006-27 Matlock— 1 % Mile Review—The Plan Commission moved 6—0 with 1 abstention recommending approval of the Subdivision request. This will move on to COW on July 5t'. 7. PC 2006-15 Grande Reserve Unit 17—Preliminary/Final Plat—This will move on to COW on July 5th 8. PC 2006-28 Grande Reserve Unit 21—Preliminary/Final Plat—This will move on to COW on July 5th. 9. PC 2006-29 Grande Reserve Unit 23—Preliminary/Final Plat—This will move on to COW on July 5a'. 10. PC 2006-30 Grande Reserve Unit 24—Preliminary/Final Plat—This will move on to COW on July 5h. 11. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47—This is for Commercial Development. There is an outlet into the Rob Roy Creek. The corner will be signalized and Rt. 47 will be widened. There was a question about whether interest would be allowed in the agreement and if it would be flexible and tied to prime or if it would be a fixed rate. The developer is hoping for a big box user. The developer wanted to know if the rebate portion of the sales tax could be bumped up from 50%to 60%-70%until the investment was paid back. There was concern that it is contrary to the policy and that the retailer is not known at this time. The developer has the right to come back at a later date to ask about a larger percent tax rebate. This will move on to COW on July 5a`. Page 2 of 2 12. EDC 2006-16 Raymond Regional Storm water Management Facility—It will be funded by 3 developers and there will be a recapture agreement. This must get approval from the other 2 developers. This will go on to COW on July 5`i'. 2. EDC 2005-02 Economic Incentives for Commercial/Industrial Business Update— The policy was posted on the YEDC website as well as the City's website. The policy was included in the packets for the Greater Chicagoland Real Estate Seminar at the end of May. It will be used as a framework for development. There are a lot of developments that are planning on using it. 13.Additional Business—None. The meeting was adjourned at 7:55 pm. Minutes submitted by Laura Leppert. I- 3 `,,k�D Co. Reviewed By: S� G� Legal ❑ City Council � g ion Finance ❑ Engineer ❑ City Administrator ❑ Agenda Item Tracking Number ZBA 2006-58 ❑ O Consultant � t��?� Human Resources El PC 2006-59 j�tE City Council Agenda Item Summary Memo Title: Kritzberg—Re-Zoning,Variances and Development Agreement City Council/COW/Committee Agenda Date: October 17,2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ,%``o Clr o United City of Yorkville Memo + "" 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 p� Fax: 630-553-3436 �2 <LE Date: October 9, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC2006-59 Kritzberg Re-Zoning and Side Yard Variance Request 1.REZONING The Plan Commission recommended approval of the re-zoning to B-2 September 13, 2006 with a unanimous vote 7—0. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan for the property recommends Traditional Neighborhood. The `Design Guidelines' are listed below for this Land Use: • Any development or redevelopment shall conform to all City regulations regarding their use • As most development will be redevelopment of existing sites,the distinct character of the(Transitional Residential)Neighborhood will be vulnerable to change. Therefore, all development must be carefully designed to fit the character of its existing surroundings. • Existing residential and commercial uses should be preserved. Residential properties fronting on arterial streets may be used for professional or service offices, or for small retail shops consistent with the character of such uses in the downtown area. Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. 1 c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The 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. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes;the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) Staff Comments: 1. The B-2 zoning classification requested is appropriate and supported by the Comprehensive Plan for this property. 2. The use proposed will be within the existing structure and therefore have a minimal architectural impact on the surrounding character. 3. Allowable signage should be more restrictive than that allowable within the B-2 zoning classification to ensure the property remains in context with the surrounding neighborhood. ■ Recommend requiring the following signage regulation not within the current sign ordinance in the form of a Development Agreement between the City and the Petitioner. • No signage may be internally illuminated; • No pole signs permitted on the property(one(1)wall and/or one(1)ground sign only) • Maximum sign area of any sign shall be no more than thirty-two(32) square feet. 2.VARIANCES The existing structure will encroach the B-2 required setbacks as follows: • Transitional Yard setback for B-2 adjacent to an R-2 zoned property is 30'. The existing structure is 22.6' from the eastern property boundary, therefore a variance of 7.4' for the east transitional yard is required. • Side Yard setback for B-2 adjoining a street is 30'. The existing structure is 21.9' from the western property boundary, therefore a variance of 8.1' for the west side yard is required. The ZBA recommended approval of the set back variances October 4,2006 with a unanimous vote 4—0. 2 DEVELOPMENT AGREEMENT `Kritzberg' This Development Agreement,hereinafter referred to as"Agreement", is made and entered into this day of , 200_,by and between, Gary and Susan Kritzberg,hereinafter referred to as"OWNER", and the United City of Yorkville, Illinois, a Municipal Corporation,hereinafter referred to as"CITY". The OWNER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS,the OWNER is the Owner of certain real property,hereinafter referred to as the "Property", located in the CITY and legally described as set forth in Exhibit"A"attached hereto and incorporated by references as if more fully set forth; and WHEREAS,the Property is located at 101 E. Center Street in Yorkville and consists of approximately .2938 acres; and WHEREAS,the OWNER seeks a zoning amendment to allow for uses permitted within the B-2 zoning classifications to exist on the property; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety,prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER, its vendors, grantees, assigns, successors,trustees, and all others holding interest now or in the future, agree and enter into this contract,which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE,the CITY and OWNER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein,the Agreement shall control. 1 ARTICLE II SIGNAGE PROVISIONS The OWNER agrees to the following signage regulation: 1. No signage on the property may be internally illuminated; 2. No pole signs are permitted on the Property 3. One(1)wall and/or one(1)ground sign may be permitted on the Property; 4. Maximum sign area of any sign on the Property shall be no more than thirty-two(32) square feet. ARTICLE III EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. CITY: OWNER: UNITED CITY OF YORKVILLE, Gary and Susan Kritzberg an Illinois municipal corporation By: By: Title: Mayor Attest: Attest: Title: City Clerk Dated: Dated: 2 United City of Yorkville County Seat of Kendall County EME 800 Game Farm Road Yorkville, Illinois, 60560 0�A ` Telephone: 630-553-4350 Fax: 630-553-7575 SCE ,yv� Website: www.yorkville.il.us TO: Committee of the Whole October 11, 2006 FROM: Anna B. Kurtzman, AICP`ml( SUBJECT: Zoning Variance Request 101 E. Center Street PC2006-75ZBA ZONING BOARD OF APPEALS RECOMMENDATION: On October 4, 2006, the Zoning Board of Appeals (ZBA) conducted a public hearing to consider the merits of the applicant's request for two variances for property at 101 E. Center Street. After conducting the hearing the ZBA voted 4-0 to recommend approval of the requested variances, assuming that the applicant's request for rezoning from R-2 to B-2 is successful. REQUEST: The applicants, Susan and Gary Kritzberg, own 101 East Center Street, Yorkville, Illinois (Property Identification Number 02-33-102-001) at the northeast corner of Center Street and Bridge Street. The legal description for the subject property is: Lot 5 in Block 13 of the Original Village of Bristol, in the United Village of Yorkville,Kendall County, Illinois. This lot is currently zoned R-2 (one-family residence district) and is improved with a single-family detached house. The applicant is seeking the following variances: 1. Section 10-7C-4b—request to reduce the required setback from a side yard that adjoins a right-of-way from 30 feet to 21 feet, 9 inches, and 2. Section 10-7C-4d—request to reduce the required setback from a transitional side yard from 30 feet to 22 feet and 9 inches. The citations listed above are to property zoned B-2. Please be advised that the applicants have also applied for a rezoning to zone the property to B-2 to change the use of the house from a residence to a retail business. The requested variances have been applied for in anticipation of the petition for rezoning being successful. CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South B2 Retail business East R2 Single-family detached housing West R2 Single-family detached housing Committee of the Whole 101 E. Center St—PC 2006-75 ZBA October 11, 2006 Page 2 of 2 STANDARDS FOR GRANTING A VARIANCE: During their October 4t'meeting the Zoning Board of Appeals reviewed the standards for granting a variance as required by Section 10-14-5(C) of the Municipal Code. Based upon their review they found: 1. Because 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. Yes. There is a hardship due to a couple of factors: Assuming the request to rezone is successful new setbacks would then apply(the difference between R-2 setbacks and B-2 setbacks) to the building that is already in existence. The other factor is IDOT's intention to acquire additional ROW along this property will further reduce the width of the corner side yard. 2. 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. The ZBA responded"yes"to this standard indicating that this property is in transition between the R-2 and B-2 zoning districts. 3. 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. The ZBA responded"yes"to this standard. 4. 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. The ZBA noted that no one contacted the City or attended the meeting and thus no one expressed concerns with the proposal. As such the Board indicated that the variations will not adversely impact the neighborhood. 5. 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. As the building already exists and no physical changes to the exterior of the building are being proposed granting the variances will not change anything, including not changing the supply of light and air, congestion on the streets, or otherwise impact the area. NEXT STEPS: If the City Council elects to rezone this property from R-2 to B-2 it would be appropriate for the Council to also grant the two variances outlined above. /abk C: T.Miller,W.Dettmer Filename: C:\Documents and Settings\Anna\My Documents\Z13A\101 Center-Kritzberg data\10-11-06COWmemo.doc United City of Yorkville • County Seat of Kendall County EST., 1636 8DD Game Farm Road "�- fq Yorkville, Illinois 60560 p p Phone:630-553-4350 « v�2 Fax:630-553-7575 z� APPLICATION VARIANCE REQUEST Date of Submission: d tb- I �C L:l 1. Name of Petitioner(s): So' w'i Kr " e"- /L e'" Address: 1211 Ira i e r-Az- r Ake,, •� /p �`V,lle T� Oho Phone Number: Fax Number: C X Z/I 2. Name of holder of legal title, if different from#1: 6 `1- .5 1�a'��1�s s �L G 3. If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: ^/ 4. a. Street address and physical location of subject property: 10/ F. ee k Sb-eel�w-k-v J 6 y o b. Proposed name of subdivision(if any): Al c. Legal description of property for which zoning variance is sought: ;r.,_c (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: 0Z -3.3 - %62 - 001 5. Names and addresses of any adjoining or contiguous landowners and property owners within 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section be s to be varied: 10- - e e, 5; d e en-rd CAI 1" �- / /'�!1 S 30 ' 22 ' Pagel of 3 United City of Yorkville variance Request Application Revised: 227/04 7. Name, address, phone number and ax number of person to whom inquiries regarding this petition may be directed: oYn c D -�-n.,l J. fti Attorney: Name: 114-\J U J / Address: //07A -5. l3r.A, A f"r/► y, 4 '7 �,O s2ro J Phone Number. (630 SS3 - Fax Number: 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: P I ner(s) (L g property owners signature must app ayon this pjl Subscribed and sworn before me this 3. A, + day of , 200 G . OFFICIAL SEAL �� .,� gn �✓ LORA J. CHAPMAN NOTARY PUBLIC,STATE OF ILLINOIS Notary Public MY COMMISSION EXPIRES 3.12.2007 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 2 of 3 United City of Yorkville Variance Request Application Revised: 227104 VARIANCE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A Public Hearing will be held at this time for the variance request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m in the Conference Room at City Hall. The request will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records) to the Deputy Clerk., United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: L- f !? G Page 3 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 Exhibit "A" Legal Description of Property at 101 East Center Street, Yorkville, IL: LOT 5 IN BLOCK 13 OF THE ORIGINAL VILLAGE OF BRISTOL, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS Project Details 101 E. Center Street, Yorkville Existing: • Residental lot with house and unattached garage • Gravel (part concrete) "u" shaped driveway • Stockade privacy fence on east and part of north perimeter of lot • Three mature trees; miscellaneous shrubs Proposed changes and upgrades: • Removal of existing concrete pad in front of garage to allow for asphalt resurfacing of driveway and creation of parking lot • Demolition/removal of garage to allow for parking area • Replacement of old stockade fence on east/north perimeter of lot • Landscaping to meet ordinance requirements for"non-residential adjacent to residential"on east perimeter • Additional lot landscaping • Removal of existing concrete sidewalk from front entrance of home to street comer; replacement with paved walkway from front entrance to sidewalk on Center Street • Construction of new building entrance on east side of building • Construction of ADA compliant"L" shaped entrance ramp from north side of building to new entrance • Some window replacement • New steps with railings to existing front porch and new porch railings • Cosmetic improvements to building, including shutters and awnings • Signage to meet ordinance requirements—I free standing sign on separate supports, and 1 or 2 signs attached to building exterior • Parking area lamp posts (2), and appropriate ground lighting for sign illumination Zoning Sketch and Grading Plan Lot S Block 13 Original Village of Bristol City of Yorkville Kendall County Illinois LOT 5 /N BLOCK 13 Of' THE ORIGINAL VILLAGE OF BRISTOL, IN KENDALL COUNTY, 1LUN0/S x 6 °e F+. 02X 626 X4•y�jFa 4 '+ a di South 626 1 rv.'6•� P ; 0 Measured=79.99r- eyb'°Record=80.00 sty, 61'.),. 61 .• Iron Stake Xr1 ta•Q' e 6rjb — — i Wood Force X41P rR.o a s `°•�'"�,'p�.•. �'PRQPOS£D� .''`�• d/t Emoat yd PROPOSED LIGHT POLE •. ;0e.. `O� SCALE 1 11=209 .:i.. � yj Vy :`PROPOSED=:'�.;..;y..'�:..,•c, •:;Y;::;v: AREAG :;"-`' :'': PROPOSED gas , ' LIGHT POLE 6 OP05ED Q) tW AND/CAP SIGN/ +� �'' ;..:: :,,°.i,.;,ti'c I>..i �.:.'a e, lJi-•'"•'+i:.. �. a •'.� „i^�•"'•Q y'r� •, :.•a', ^': •Z�.Q.•1:,:.�, ,�:�.."rt :� '� '•,. •f/' X416. 627.5 PROPOSED xo ,t� SIDEWALK 4140 6� f� TYP/CAL a $3 N\ 1� �, 2Z.B PA VEMENT ��t! • uwny a y \ ' SEC 4. '• Pate y 7 I TION 1661 ,.•` T 619.0 /H Met?. rY : g1e• +s H A f. �Frome Residence. Ch x614• coia3e' 21.9 A Rol pi "'AF'al W/E �1 n� N�6I�°e 10. i� ;.c�•1i-•� 6 a �• � m '�'�h�,�F1'' \*,�` e� ICI �-■- tii_ _ 1• /� 610• 4:•: Tie/lrc.�. I aor LEGEND • '�' e. L 66+24 � .'`��r/ '�. ®1°' � b•Y X-681 7 Propeted Suet 0—bb" to Is X 474'y6 £Haring spot Do-m- as 17.o6•e •��• +�" a w ��4 —662— Prwaaed Canto Loa ; 89 40 40 62 Measured=79.99 875�� a4ig Contpty Lae ;•-�'`1. �{ a"..Record-80.00 'Stake 40 Cdr+ 616 416 4'' ..':s '• '.. '• .;..•CmWH SJ4ewaW. a 7--�.K 4�°. ,41°°4 n I rome �T e1r'` e—eor 4•x`4 st bra Rata r+rma r syn Md�ax a MY(S)-624,+5(12•RCP) .�,,..`'.:,ti':..:�'�,jy;?4 ':'..•:.. 414 •,. .::,✓..:; 19 6'6'� rbyY;ha;^ Bitumiiotii Pcvemeint::`. 6 ' Center Street � My(NJ-977 g2(/s'RC-) CF) State of Illinois 4 "0 Z(E)-62292(,r Rcp) )Ss ye17' tiny o~ •� County of Kendal/ ) _ e�'° Ply °e e1.r- /, Scott F. Ammons, an Illinois Professional Land Surveyor and an officer of SFA Land Surveying, state that l hove prepared Pl�L Af` , his zoning sketch and grading plan of the above described tract as ......... shown by the plot hereon drown. p;SCOTT F.AMMONS.; Dated of Yorkvl/le, Illlnols, June 1, 2006. a; 3458 a BENCHMARK YORKIALLE = - CR055 CURE 1HE N7'LOE BOLT IWN015 OF I}/E F!R£HYDRANT LOCATED S'l'•. ��' NEAR THE SOUTHKFST CORNER Scott F. Ammons :�>�pF tl\\��•`•e OF THE SU8XC7'PROPERTY. Illinois Professional Land Surveyor No. 3458 (Expires 11/30106) . ELEVAnON-627.89 J08 NO. 051091 SFA Land Surveying P.O. Box 114 JOB NAME Kritzber Yorkville, Illinois 60560 DWG FILE 051091. Professional Land Surv*ylng Corporation 184-003584 Tele hone (630)553-9990 cl?* United City of Yorkville Pc uou-1 s z.6A Jam' 1 0%A County Seat of Kendall County 800 Game Farm Road 1836 Yorkville, Illinois, 60560 �C a1 Telephone: 630-553-4350 i Fax: 630-553-7575 ° o Website: www.yorkville.il.us 4`E September 19, 2006 TO: Zoning Board of Appeals FROM: Anna B. Kurtzman,AICP SUBJECT: Zoning Variance Request 101 Center Street PC2006-75ZBA HEARING DATE: The City has received an application for a variance from the City's Zoning Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, October 4, 2006, at 7:00 pm at the City's Council Chambers (located at 800 Game Farm Road). REQUEST: The applicants, Susan and Gary Kritzberg, own 101 East Center Street,Yorkville, Illinois (Property Identification Number 02-33-102-001) at the northeast corner of Center Street and Bridge Street. The legal description for the subject property is: Lot 5 in Block 13 of the Original Village of Bristol, in the United Village of Yorkville, Kendall County, Illinois. This lot is currently zoned R-2 (one-family residence district) and is improved with a single-family detached house. The applicant is seeking the following variances: 1. Section 10-7C-4b—request to reduce the required setback from a side yard that adjoins a right-of-way from 30 feet to 21 feet, 9 inches, and 2. Section 10-7C-4d—request to reduce the required setback from a transitional side yard from 30 feet to 22 feet and 9 inches. The citations listed above are to property zoned B-2. Please be advised that the applicants have also applied for a rezoning to zone the property to B-2 to change the use of the house from a residence to a retail business. The requested variances have been applied for in anticipation of the petition for rezoning being successful. CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South B2 Retail business East R2 Single-family detached housing West R2 Single-family detached housing Zoning Board of Appeals 101 E. Center St—PC 2006-75 ZBA September 19, 2006 Page 2 of 2 STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary(or make a recommendation to vary) the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case based upon the following: 1. Because 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. 2. 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. 3. 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. 4. 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. 5. 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. NEXT STEPS Upon closing the hearing, staff requests that the Zoning Board of Appeals (ZBA)make findings based upon each of the standards listed above for each variance being sought. (Section 10-14- 5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. Subsection 1 a indicates that the Zoning Board of Appeals may grant the variance if the variance is less than 25% of a setback standard. The variance to the comer side yard setback(reducing the setback from 30 feet to 21.75 feet) is reduction of 8.25 feet or 27.5%. The variance to the transitional side yard setback(reducing the setback from 30 feet to 22.75) is a reduction of 7.25 feet or 24.2%. While the variance to the transitional yard setback can technically be granted by the ZBA, because the property is not currently zoned B-2, staff is recommending that both variance requests be forwarded to the City Council to allow the Council to consider both the rezoning request and the variance requests as a complete package. As you know, you make recommend to approve, deny or approve the request with conditions. /abk Attachments C: W.Dettmer Filename: C:\Documents and Settings\Anna\My Documents\ZBA\207 W Ridge-O'Brien\8-16-06staffmemo.doc 2. The adjacent property owners will grant the OWNER a construction easement to install the landscaping; SIGNAGE The CITY a rg ees to ermit special signnage for the Subject Property as detailed in Exhibit"F"and including two(2)pylon signs 29'-4"in height and 191.5 square feet in sign area; ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. CITY: OWNER: UNITED CITY OF YORKVILLE, CANNONBALL,LLC an Illinois municipal corporation an Illinois corporation By: By: Title:Mayor Attest: Attest: Title: City Clerk Dated: Dated: DEVELOPER: HARLEM IRVING COMPANIES, an Illinois corporation By: Title:Mayor Attest: Title: City Clerk Dated: 4 MONUMENT SIKOINTYPPE2 PROJECT: -0 KENDALL MARKETPLACE —0 J uil cf�T7cp I ; I I I , I i -p i ,TT ILLINOIS ROUTE 34 & CANNONBALL TRAIL C i. ¢ YORKVILLE, ILLINOIS (L MONUMIENT SIGN TYPE 3 EL MONUMENT SIGN TYPE 2 6L 0 cr WALL SIGN TYPE 4 _j WALL SIGN TWE4 rx:n 0 Lu MONUMENT SIGN TYPE S'TWCORNCE � 3 77 MONUMENT SIGN TYPE 2 090 o--& j 1 F Q===D V C / Syw PYLON SIGN TYPE.1 -1 F WALL SIGN TYPF S rAncTEr PUSKYWu w ON� L Ed J L Q_ 0 FACES.rfiIG1 MONUMENT SIGN TYPE 3 TENANT 2 WALL SIGN TYPE 5 TENANT 3 TENANT 4 I SIGN TYPE 2 w MONUMENT SIGN TYPE 2- f %• I ENANT 5 TtNANI 6 PYLON SIGN I WALT SIGN TYPE 4 c KEY PLAN TENANT 7 TENANT 8 TF7IANT 9 TENANT 10 AW SK.P� 1104 GFORM 1p STOW CORFOCE � Soomm- 551N UGHT FRTLTiE .- Stow m I STOW PKASTFA & EmTY� FACE WNCK ............ OOLL� NM PLAN —--------------- STONE 7`7- .7 FICE H.CK FACE 811Ot PYLON SIGN TYPE O1 MONUMENT SIGN TYPE C2 MONUMENT SIGN TYPE 3 si 192 S.F.TOTAL SIGN AREA (OLITLOT SIGN) (OLJTLOT SIGN) F7�� MONUMENT SM rlW 2 PROJECT: ...... 0- ---a #- ,mil l KENDALL MARKETPLACE -0 61,8 --/ w 91 ol ILLINOIS ROUTE 34 & CANNONBALL TRAIL YORKVILLE, ILLINOIS cp I I MONUMENT x NIN TYPE 3 MONUMENT&W TYPE 2 w 0 Ir %\ 0 WALL SIGN TYPE 4 WALL SIGIN IrNtff 4 rim 0 0 MONUMENT SIGN TYPE 3 jp 0 MONUMENT SIGN TYPE 2 P ON SIGN TYPf 1 r WALL SIGN TYPE 5 .r a. MONUMENT SIGN TYPE 3 0 Lu WALL SIGN TYPE 6 --------- Ge Ii I UJI MONUMENT SIGN TYPE 2 MONUMENT SIGN TYPE 2 PYLON SIGN TYPE 1 WALL SIGN TYPE 4 KEY PLAN ........... 9TWcof*K* STOW COFHM co�w 8mmooLLM SIGN iIMEE Fw a WDNw wom w KhCE MU zw 0.H5 RECESSED PEFCAACM E / F1ECA4, OONCFEn ACCENT wow FIW FENCE /riw m" MSSW PWrW ACCEN OVVWGTXAS- ea KEN qAil M —T....... E a a I O L N ilow WTE PLAN I ?.N FAZEBFWK 77—--------- mmwm -------, , srm a,& SECONDARY ENTRANCE WALL SIGN -TYPE MINOR ENTRANCE WALL SIGN TYPE 5O S2 (CURVED WALL SIGN) (CURVED WALL SIGN) Reviewed By: City Council Legal ❑ Finance ❑ T "1 tee Engineer ❑ agenda Item Tracking Number City Administrator ❑ PC 2006-34 Consultant ❑ Human Resources ❑ City Council Agenda Item Summary Memo Title: Kendall Marketplace Final Plat and Development Agreement Amendment City Council/COW/Committee Agenda Date: October 17, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Community Development Submitted by: Travis Miller Department Name Agenda Item Notes: c1r o United City of Yorkville Memo 800 Game Farm Road As EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: October 11, 2006 To: EDC/COW From: Travis Miller,Community Development Director Cc: Lisa Pickering Subject: PC2006-34 Kendall Marketplace—Final Plat General Comments: - The Preliminary PUD was approved August 22, 2006. - The Plan Commission is scheduled to review and consider October 11,2006 - The Final Plat is consistent with the approved Preliminary PUD Plan. o Recommend approval subject to: • EEI comments dated October 5, 2006(attached) • EEI supplemental comments dated October 11,2006 (attached) • Laura Haake comments dated August 28,2006(attached) Development Agreement Amendment - The Preliminary PUD and PUD agreement currently do not include any special provisions for signage on this property. Attached is a signage plan proposed by Harlem Irving including two(2)pylon signs with height and area in excess of the current Sign Code. o Attached find: • Staff report outlining the deficiencies for your consideration; • Draft amendment to the Development Agreement addressing the property signage. 1 52 Wheeler Road•Sugar Grove,IL 60554 TEL:630/466-9350 it FAX:630/466-9380 www.eelweb.com Engineering October 5, 2006 Enterprises, Inc. Mr. Joseph A.Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kendall Marketplace Final Engineering Review(Residendal& Commercial) Final Plat of Subdivision Review United City of Yorkville, Kendall County, Illinois We have reviewed the following submitted material for the referenced plan submittal: • Final Engineering Plans for "Kendall Marketplace — Commercial" prepared by Smith Engineering Consultants, Inc. consisting of sixty-two (62) sheets dated September 22, 2006. • Final Engineering Plans for "Kendall Marketplace — Residential° prepared by Smith Engineering Consultants consisting of forty-four(44) sheet dated September 29, 2006 Final Plat of Subdivision — Kendall Marketplace prepared by Smith Engineering Consultants consisting of nine (9) sheets with revision date of Setpember2l, 2006 • Drainage Report and Storm Sewer Sizing prepared by Smith Engineering Consultants, Inc. dated September 29, 2006. Response letter for Commercial dated October 2, 2006 Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. Consulting Engineers Specializing in Civil Engineering and Land Surveying We offer the following comments: 1. A copy of the Natural Resource Information (NRI) Report by the Kendall County Soil and Water Conservation District should be filed with the City. (Received NRI Report No. 0633 Dated July 21, 2006) 2. Permits or Sign-offs will be required from the following agencies: a. (IDNR) Consultation Agency Action Report regarding endangered/threatened species or natural areas. b. (IHPA) regarding preservation of cultural resources. c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. d. (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. e. (IEPA) Division of Public Water Supplies regarding water supply and distribution. f. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. g. (IDOT) regarding proposed improvements along Rt. 34. 3. An agricultural field tile survey should be performed and the results submitted for review. COMMERCIAL SPECIFICATION &GENERAL NOTES 4. No. 7 of the General Notes should be revised to specify a Neenah R-1530 casting instead of a Neenah R-1772. (SHEET 2) {Repeat comment) GRADING & EROSION CONTROL PLANS 5. Proposed contours at one foot intervals should be shown on the plans. (Repeat comment - At the September 14, 2006 Plan Council meeting, SEC committed to including a separate sheet in the plans that provides contour information for the open space, residential and detention areas). 6. The following areas do not meet the grading requirements for paved areas and should be addressed by the engineer: a. Between spot elevations 633.36 and 637.00 at approximate stations 1800+55 and 1801+80. A centerline spot elevation at the high point should be provided. (SHEET 16) b. The area to the north of storm structure 490 between spot elevation 635.00 and rim elevation 634.55. (SHEET 18) c. The area to the southeast of storm structure 144 between rim elevation 635.48 and spot elevation 635.54. (SHEET 17) d. The entrance drive onto Cannonball Trail at station 513.00. The additional spot elevations that were added result in slopes less than the 0.5% minimum. (SHEET 18) e. The spot elevations that were added between stations 1901+50 and approximate 1902+75 result in the slope of the north curbline being less than the 0.5% minimum. (SHEET 19) 7. Additional proposed spot elevations are necessary in the following locations: a. The parking islands located to the north and south of the turnabout in the southeast portion of the site. This refers to the grass area of the parking island. (SHEETS 17 & 18) b. The grass area located on the island between storm structures 1214 and 1216. (SHEET 21) SANITARY SEWER PLAN & PROFILE SHEETS 8. Trench backfill is required under paved areas, sidewalks, and driveways and should extend to a minimum of 2 feet beyond the edge of the proposed structural section. The areas that require trench backfill should be delineated on the plans. A significant amount of utilities under pavement areas have not been denoted for trench backfill, particularly under the larger parking lot areas. {Repeat comment) RESIDENTIAL GENERAL 9. Vertical curves are required when the algebraic difference between the slopes of the road centerlines is 2.0 or greater. However, the engineer has proposed vertical curves at locations where the difference is as low as 1.2 which results in areas with 0.3% slopes or less. The engineer should remove the vertical curves if the slope of the gutter flowline does not meet the 0.5% minimum requirement. The engineer should address the following areas: {Repeat comment) a. On 200 Road at station 201+70. (SHEET 21) b. On 200 Road at station 203+50. (SHEET 21) c. On 200 Road at station 205+50. (SHEET 21) d. On 200 Road at station 206+50. (SHEET 21) GRADING & EROSION CONTROL PLANS 10-A concrete overflow curtail wall meeting the requirements of the City Standards should be provided. We respectfully disagree with the designer's opinion that a sidewalk will provide adequate protection from erosion and undermining. PLAN AND PROFILE SHEETS 11. A vertical curve is required at station 102+00 since the algebraic difference between the two slopes is greater than two. {Repeat comment} 12.The following vertical curves do not meet the requirements of Figure 2 of the Standard Specifications for Improvements: {Repeat comment} a. The vertical curve on 100 Road at station 137+50 is required to be at least 115 feet. b. The vertical curve on 300 Road at station 302+50 is required to be at least 69 feet. c. The vertical curve on 300 Road at station 303+50 is required to be at least 77 feet. d. The vertical curve on 300 Road at station 305+35 is required to be at least 78 feet. STANDARD CONSTRUCTION DETAILS 13.The watermain lowering detail that was added should be labeled with a title. DRAINAGE REPORT& STORM SEWER SIZING - RESIDENTIAL 14.The drainage report and storm sewer sizing report, for the residential portion only, are in general conformance with Yorkville Stormwater Drainage ordinance; however, the following revisions should be made so that the engineering plans and the reports are in agreement. 15. The widths of the overland flow cross-sections A7, A8, A9, A10, B6, and B8, located along the northern boundary of the site, should be revised so that they do not extend beyond the width of the 10' drainage easement. 16.At the City's request, the Engineer should investigate preserving the row of trees along the northern boundary of the sub-division. This is a good suggestion, but not in lieu of stormwater management. It is suggested to create a tree preservation easement starting from the property line and extending to the onsite edge of the tree line. The drainage easement should then begin at the edge of the tree line and extend 10' into the backyards of the properties. 17.The following overland flow routes should be revised to be contained within the drainage easements. If revised correctly, these over flow locations are in general conformance, but the proposed side-yard drainage easements typically restrict these flows; therefore, future overland flow routes should not be located in the side- yards between homes. a. A11 —5.1' too wide b. Al2—5.3'too wide c. B9 -2.0' too wide d. B10—3.0'too wide 18.Lot 47 is shown in the plans to have a TF of 641.30', but the Overflow Cross- section portion of the report indicates that the TF for this lot is 640.85'. This area should be revised so the plans and report are in agreement, while providing 18" between the water elevation and the lowest adjacent TF. 19.The report should be revised to include Pipe 375 and FES 376 (found on Sheet 14 of the plans) in the Basin B storm sewer calculations. 20.The down stream invert of Pipe 403 is shown in the report as 628.58', but the plans show pipe 403 flowing into Future Manhole 1102 with an invert that is yet to be determined. The plans and report should be revised so that they are in agreement. FINAL PLAT OF SUBDIVISION 21.The lot line between lots 6 and 7 should be dimensioned. 22.AI1 easements should be shown. Currently none are shown.(repeat comment) 23.All city and public utilities should be placed in Public Utility and Drainage Easement.(repeat comment) 24.All roads on the plat will have to have names added and notes near the name of the road stating"Hereby Dedicated". 25.Please be advised the developed language for the paragraph of the Surveyor's Certificate which addresses the monumentation of this subdivision has changed. The following text is the revised paragraph:(repeat comment) I FURTHER CERTIFY THAT ALL SUBDIVISION MONUMENTS WILL BE SET AND HAVE DESCRIBED THEM ON THIS FINAL PLAT AS REQUIRED BY THE PLAT ACT (765 ILCS 20% THE EXTERIOR SUBDIVISION MONUMENTS HAVE BEEN SET AND INTERIOR MONUMENTS WILL BE SET WITHIN 12 MONTHS OF THE RECORDING OF THIS PLAT(SECTION 1270-56 OF THE ILLINOIS PROFESSIONAL LAND SURVEYOR ACT OF 9989) CONCLUSION We recommend approval of Final Plat of Subdivision and Final Engineering Plans — Commercial subject to the satisfactory resolution of the comments listed above. We recommend that the residential plans be resubmitted with the requested revisions. We are also awaiting an indication from IDOT that off-site storm sewer improvements are generally acceptable. If you have any questions regarding the above or require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Mark G. Sch L.S. Project Manager pc: Mr. Bart Olson, Assistant City Administrator Ms. Lynsey Kawski, Administrative Assistant Mr. Travis Miller, Community Development Director Mr. Pete Huinker, P.E., SEC Mr. James J. Snyder, Harlem Irving Companies JWF,/JTW- EEI 52 Wheeler Road•Sugar Grove,IL 60554 TEL:630/466-9350 FAX:630/466-9380 wvm eeiweb.com Engineering Enterprises, October 11, 2006 Inc. Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kendall Marketplace Stormwater Management/Commercial Drainage & Storm Sewer Sizing United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following submitted materials received by our office on October 4, 2006. This letter supplements the review letter transmitted from our office on October 5, 2006: • Drainage Report and Storm Sewer Sizing for Kendall Marketplace "Commercial" prepared by Smith Engineering Consultants, Inc. revised September 22, 2006. • Stormwater Management Report for Kendall Marketplace dated September 25, 2006 Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. We offer the following comments: Storm Sewer Outfall Comments: 1. The portion of the Storm Sewer Sizing report and the plans regarding the Off-site Storm Sewer Outfall are in general conformance. Consulting Engineers Specializing in Civil Engineering and Land Surveying Drainage and Storm Sewer Sizing Comment: 2. The Engineer should revise overflow cross-sections numbers 1 and 2 in order to maintain the depth of flow over the centerlines of the roads at a maximum of 6 inches. 3. In regard to the areas where the Beecher Rd. and Kendall Marketplace storm sewers connect to each other, both sets of plans should be updated to match the report. In addition, the Beecher Road storm sewers should be updated on the Kendall Market Place plans. 4. Pipe 835 of the Commercial site is shown flowing into the Beecher Road storm sewer system and connecting into MH 851 (of Beecher Rd), but 851 is defined as a pipe in the storm sewer tag sheets. This area should be revised so that the utility sheets, the grading sheets, and the report are all in agreement. 5. On sheet 16 of the plans, tags should be provided for the pipes and corresponding structures shown flowing into MH 666, as well as MH 686. In addition, the report should be revised to include these two pipes and their upstream structures. 6. The "residential" inlet configuration in the plans (Sheet 20 & 25) on High Ridge Lane shows CB 467 and CB 470 flowing into an unnamed manhole and then through Pipe 471. The Tag Summary and report should be revised to match the plans in regard to this inlet configuration. 7. The report should be revised to account for the 6' length of FES 800 within the length of pipe 801. In addition, scaling of the plans shows that pipe 801 has a length of 90' plu 6' for the FES, instead of 80' as stated in the Tag Summary, and should be revised in the plans. 8. The report should include the lengths of the Stubs that collect the run-off from Residential ("R") basins "R" C3 and "R" C10. In addition, all the information for these Stubs should be included in the Storm Sewer Tag Summary sheets. 9. The Tag Summary sheets in the plans should include Residential pipes 420 through 426 and all of their corresponding structures. 10.Information for structure 450, which receives flows from "R" C23, should be included in the Tag Summary on sheet 52, since this structure is included in the report. 11.Tags and necessary data should be included in the Tag Summary, of the plans, for the pipe run located between Lots 3 and 4 on sheet 16 of the plans. 12.The unnamed pipe shown running into pipe 1007 on sheet 20 should be deleted from the plans. 13.Manhole (MH) 368 is mislabeled as 366 on Sheet 17 of the plans. 14.Catch Basin (CB) 888 is mislabeled as 888B in the Tag Summary, sheet 52 of the plans. 15.The tag for CB 1004 is shown pointing to pipe 1005 on plan sheet 20. 16.The following MH tags should be revised on sheet 18 to match sheet 28 of the plans: ➢ MH 308 is mislabeled as 308B ➢ MH 306B is mislabeled as 308A MH 306A is mislabeled as 306 17. The Engineer should revise the invert elevations (ft) of the following structures so that the plans and report are in agreement. ➢ 108 — no NE Invert (connecting to Residential) shown in plan Tag sheets, but the report shows 629.28' 106 — no NE (connecting to Resid.) shown in plan Tag sheets, but the report shows 629.12' ➢ 104 — no NE (connecting to Resid.) shown in plan Tag sheets, but the report shows 626.44' 102 — no NE (connecting to Resid.) shown in plan Tag sheets, but the report shows 628.61' ➢ 102—E shown as 629.63' in plans, but report shows 623.64' 134— no E shown in plan Tag sheets, but the report shows 628.52' 124—SE shown as 627.08' in plans, but report shows 631.17' ➢ 120—SE shown as 627.00' in plans, but report shows 626.59' ➢ 197—NW shown as 629.28' in plans, but report shows 631.52' ➢ 178B— SE shown as 626.22' in plans, but report shows 629.23' ➢ 346—shown as 632.10' in plans, but report shows 632.16' ➢ 344—shown as 631.93' in plans, but report shows 632.00' ➢ 342—shown as 631.82' in plans, but report shows 631.89' ➢ 340—shown as 631.31' in plans, but report shows 631.38' A 338—E shown as 630.80' in plans, but report shows 630.87' 336—shown as 630.55' in plans, but report shows 630.61' ➢ 334—shown as 630.52' in plans, but report shows 630.59' ➢ 332-shown as 630.42' in plans, but report shows 630.49' 330-shown as 630.22' in plans, but report shows 630.28' ➢ 374-shown as 632.50' in plans, but report shows 632.74' ➢ 376-shown as 632.50' in plans, but report shows 632.29' 430-S sown as 631.03' in plans, but report shows 630.67' ➢ 438-E shown as 630.56' in plans, but report shows 630.42' ➢ 438- N & S shown as 630.56' in plans, but report shows 630.02' ➢ 440- E shown as 631.37' in plans, but report shows 631.23' 440- N &S shown as 631.37' in plans, but report shows 630.83' ➢ 404-shown as 632.00' in plans, but report shows 632.64' 400-shown as 632.67' in plans, but report shows 631.84' ➢ 396-S & E shown as 630.30' in plans, but report shows 630.71' ➢ 396- N shown as 630.30' in plans, but report shows 630.74' ➢ 398-shown as 631.54' in plans, but report shows 631.98' ➢ 402-no N shown in plan Tag sheets, but the report shows 630.66' 476- S shown as 630.26' in plans, but report shows 631.44' ➢ 304- N shown as 624.87' in plans, but report shows 624.66' ➢ 302- N shown as 624.19' in plans, but report shows 623.96' 648-S shown as 631.88' in plans, but report shows 631.99' ➢ 646-shown as 631.49' in plans, but report shows 631.60' 644-W& NE shown as 630.74' in plans, but report shows 630.85' ➢ 642-E & SW shown as 630.50' in plans, but report shows 630.56' 640-W& N shown as 630.21' in plans, but report shows 630.28' ➢ 638-S& N shown as 629.58' in plans, but report shows 629.65' ➢ 638-E &W should be switched in Tag sheets (Sheet 51) ➢ 684-shown as 631.52' in plans, but report shows 631.37' 632-W shown as 630.57' in plans, but report shows 630.43' ➢ 688-no E shown in plan Tag sheets, but report shows 631.01' 688-SE &W shown as 631.16' in plans, but report shows 631.01' ➢ 692- SE shown as 631.65' in plans, but report shows 631.50' 690-S shown as 631.32' in plans, but report shows 631.17' ➢ 628-E shown as 630.35' in plans, but report shows 630.20' 710-shown as 632.64' in plans, but report shows 632.72' ➢ 708-shown as 632.19' in plans, but report shows 632.29' ➢ 622- S shown as 628.76' in plans, but report shows 628.17' A 614- N shown as 625.30' in plans, but report shows 625.10' ➢ 612-shown as 624.90' in plans, but report shows 624.80' ➢ 846-S shown as 632.14' in plans, but report shows 631.75' ➢ 840 - no E shown in plan Tag sheets, but report shows 631.23' ➢ 840- NE & S shown as 630.40' in plans, but report shows 629.23' ➢ 844-shown as 631.45' in plans, but report shows 630.76' ➢ 842-shown as 630.60' in plans, but report shows 629.91' ➢ 838-shown as 630.02' in plans, but report shows 629.00' ➢ 836-shown as 629.82' in plans, but report shows 628.88' ➢ 922-shown as 631.44' in plans, but report shows 631.34' ➢ 874-shown as 630.34' in plans, but report shows 630.77' 884-shown as 633.16' in plans, but report shows 634.08' ➢ 882-shown as 632.78' in plans, but report shows 633.73' 880-shown as 632.19' in plans, but report shows 633.14' 878-shown as 631.64' in plans, but report shows 632.58' ➢ 876 - N & S shown as 631.08' in plans, but report shows 630.68' and 632.03', respectively ➢ 872-SE shown as 629.40' in plans, but report shows 629.19' ➢ 888-shown as 630.54' in plans, but report shows 631.80' ➢ 870-E shown as 628.98' in plans, but report shows 629.39' ➢ 870-W shown as 628.98' in plans, but report shows 628.88' ➢ 914-shown as 631.54' in plans, but report shows 631.60' ➢ 910-SW& SE should be switched so report and plans agree ➢ 802- SE shown as 630.44' in plans, but report shows 630.67' 1026 -shown as 630.65' in plans, but report shows 632.30' 1002-SW shown as 628.66' in plans, but report shows 631.11' ➢ 1116-.W shown as 627.95' in plans, but report shows 627.75' ➢ 1114-S shown as 630.44' in plans, but report shows 629.21' ➢ 1112-S shown as 630.22' in plans, but report shows 630.70' ➢ 1202-shown as 617.46' in plans, but report shows 617.66' 1200-shown as 616.46' in plans, but report shows 617.17' 18. The Engineer should revise the internal diameters (in.) of the following storm pipes so that the plans and report are in agreement. ➢ 341 -shown as 24" in plans, but report shows 30" ➢ 317-shown as 36" in plans, but report shows 42" ➢ 315-shown as 36" in plans, but report shows 42" ➢ 429-shown as 15" in plans, but report shows 18" 306—shown as 48" in plans, but report shows 54" ➢ 307B—shown as 48" in plans, but report shows 54" ➢ 307A—shown as 48" in plans, but report shows 54" ➢ 495—shown as 24" in plans, but report shows 30" ➢ 491 —shown as 30" in plans, but report shows 36" ➢ 489—shown as 30" in plans, but report shows 36" ➢ 487—shown as 30" in plans, but report shows 36" ➢ 485—shown as 30" in plans, but report shows 36" ➢ 305—shown as 54" in plans, but report shows 60" ➢ 303—shown as 60" in plans, but report shows 66" ➢ 301 —shown as 60" in plans, but report shows 66" ➢ 683—shown as 12" in plans, but report shows 15" ➢ 613—shown as 48" in plans, but report shows 54" 611 —shown as 48" in plans, but report shows 60" ➢ 747—shown as 18" in plans, but report shows 24" 609—shown as 60" in plans, but report shows 66" ➢ 767—shown as 12" in plans, but report shows 15" ➢ 765—shown as 12" in plans, but report shows 15" ➢ 763—shown as 12" in plans, but report shows 15" ➢ 761 —shown as 12" in plans, but report shows 18" ➢ 759—shown as 12" in plans, but report shows 15" ➢ 753—shown as 18" in plans, but report shows 24" ➢ 605—shown as 60" in plans, but report shows 66" ➢ 601 —shown as 60" in plans, but report shows 66" ➢ 839—shown as 18" in plans, but report shows 24" ➢ 835—shown as 24" in plans, but report shows 30" ➢ 807—shown as 60" in plans, but report shows 54" 19. The slopes (%) of the following pipes should be revised so that the plans and report are in agreement: ➢ 431 —shown as 1.00% in plans, but report shows 1.38% 9 303—shown as 0.30% in plans, but report shows 0.21% ➢ 301 —shown as 0.30% in plans, but report shows 0.20% 685—shown as 1.50% in plans, but report shows 1.67% ➢ 695—shown as 0.66% in plans, but report shows 0.84% ➢ 697—shown as 1.00% in plans, but report shows 1.50% ➢ 613—shown as 0.40% in plans, but report shows 0.30% ➢ 611 —shown as 0.40% in plans, but report shows 0.30% ➢ 847—shown as 1.00% in plans, but report shows 2.00% ➢ 845—shown as 1.32% in plans, but report shows 1.00% ➢ 839—shown as 1.00% in plans, but report shows 0.60% ➢ 837—shown as 1.00% in plans, but report shows 0.60% 835—shown as 1.00% in plans, but report shows 0.50% 833—shown as 0.40% in plans, but report shows 0.50% ➢ 831 —shown as 0.40% in plans, but report shows 0.50% ➢ 921 —shown as 2.00% in plans, but report shows 1.00% ➢ 875—shown as 0.75% in plans, but report shows 0.60% 887—shown as 1.21% in plans, but report shows 2.00% 913—shown as 2.55% in plans, but report shows 1.00% ➢ 1025—shown as 2.00% in plans, but report shows 1.20% ➢ 1115—shown as 08.0% in plans, but report shows 0.65% 20.The lengths (ft) of the following pipes should be revised so that the plans and report are in agreement: ➢ 153—shown as 56' in plans, but report shows 63' ➢ 453—shown as 110' in plans, but report shows 18' 451 —shown as 8' in plans, but report shows 110' ➢ 631 —shown as 128' in plans, but report shows 109' ➢ 629—shown as 80' in plans, but report shows 97' ➢ 693—shown as 49' in plans, but report shows 64' ➢ 707—shown as 16' in plans, but report shows 36' ➢ 841 —shown as 20' in plans, but report shows 68' ➢ 883—shown as 76' in plans, but report shows 70' ➢ 875—shown as 99' in plans, but report shows 57' ➢ 873—shown as 134' in plans, but report shows 165' ➢ 1125—shown as 124' in plans, but report shows Stormwater Management: 21.The stormwater management and modeling methodologies are appropriate; the drawdown situation for Pond 2 is generally acceptable due to the particulars of the site and ponds. However, the following corrections should be made to the report and plan set. 22.The restrictor detail for structure#1222 should be revised to show a 4° restrictor hole in the manhole wall plate. In addition, the invert elevation should be revised to show a value of 623.13, as per the restrictor calculations in the report. 23.As per previous comment, in the proposed conditions HEC-1 model, the discharge elevation at 635.0 for Pond 1 should be 13.44 cfs not 30 cfs per the discharge calculations summary table. 24.As per previous comment, regarding the curtain wall detail on sheet 55 of the Commercial plan set, the data for Basin 3 should be removed since there is no Basin 3 proposed. 25.As per previous comment, the location of the pond emergency overflow spillways should be shown on the grading plan for both Pond 1 and Pond 2. 26.The proposed contours for Pond 1 should be provided within the appropriate Grading and Erosion Control sheets of the Residential plans. 27.The curtain wall detail for Pond 1 in the Residential portion of the site was removed from the plans, but it should be provided. In addition, the detail should provide the design discharges. 28.The curtain wall detail on sheet 55 of the Commercial plans should have the design discharges computed. CONCLUSION Our review will continue upon the receipt of revised stormwater management and drainage reports and plan sets which illustrate agreement between the reports and plans. If you have any questions regarding the above or require additional information, please feet free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Pc: Mr. Bart Olson, Assistant City Administrator Ms. Lynsey Kawski, Administrative Assistant Mr. Travis Miller, Community Development Director Mr. Pete Huinker, P.E., SEC Mr. James J. Snyder, Harlem Irving Companies JWF,/JTW- EEI "O'D C/T O United City of Yorkville Memo .0 800 Game Farm Road EST. 1896 Yorkville, Illinois 60560 Telephone: 630-553-8545 op IVsp� Fax: 630-553-3436 2 SCE �v Date: August 28, 2006 To: Charlie Wunder From: Laura Haake CC: Subject: Kendall Marketplace Final Landscape Plan Review After reviewing the Final Landscape Plan for Kendall Marketplace dated May 26,2006 with revisions made August 14,2006 by SEC Planning Consultants,I have prepared the following comments: Preliminary Landscape Plan General Comments: 1. All trees in the parkway must be a minimum of 20 feet from street lights, fire hydrants,manholes, etc. Tree locations must be corrected. 2. Move the tree in the roadway between Outlot 18 and the detention basin to a location further than twenty feet(20') from the corner streetlight. 3. On Sheet LD2 under Part 1, Section 1.1 E. "All plants shall be nursery grown under climactic conditions similar to those in the locality of the project for a minimum of 2 years"is not acceptable under the landscape ordinance.All nursery stock must be grown in Central or Northern Illinois nurseries. Section 3,#2. Landscaping/Stormwater Management: 4. Under Performance criteria/acceptance for Erosion Control(Mesic)Prairie Seeding on sheet LD1,revise to complete the instructions/specifications. Parking lots: 5. Move trees along collector roads in parking area to a distance greater than 20' from lights. 6. Parking lots show ornamental trees in the end island beds. Two options are listed below to relocate these trees. The recommended value of a truck driver's eye height is 7.6 ft above the roadway surface (AASHTO),and shade trees would allow better visibility in the pedestrian/vehicular area. co'y United City of Yorkville Memo 800 Game Farm Road ESE _:.1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 O w Fax: 630-553-7575 LE Date: October 10, 2006 To: Travis Miller From: Rebecca Houseman CC: William Dettmer, CB ; Anna B. Kurtzman, AICP; Jim Snyder, Harlem Irving Companies Subject: Kendall Marketplace Proposed Signage Plan Dated September 29, 2006 Zoning staff has reviewed the proposed signage for Kendall Marketplace for compliance with the City of Yorkville sign code. Staff found that the following items do not comply with the sign code: 1. The proposed Type 1 Pylon Sign is 29 feet,four inches high. According to the sign code, the maximum height of a pole sign is 20 feet(8-11-4C-2). 2. The proposed area of the sign face for the Type 1 Pylon Sign is 192 square feet. According to the sign code, the maximum area of sign face is 100 square feet (8-11-4C- 2). 3. Two signs are proposed on lots 3, 4, 8, 9, 11, 12, and 18; however, the lots only have frontage on one street. The sign code allows for one sign per street frontage on each lot (8-11-4C-2). Please note that signs may not be located on a public right-of-way or within an easement. Additionally, signs must be placed at least five feet from any property line and outside of a 25- foot vision triangle if located on a corner. Permanent sign permits are required for each proposed sign. Please let me know if you have any questions or require additional information. rsh/abk S:\Rcbecca\Yorkville\commercial Plan Review\Kendall MarketplaceTendall Marketplace Proposed Signage Review 10.9.06.doc ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit"B". That the development of the subject real property described in the attached Exhibit"A"shall be subject to approval of all Ordinances of the CITY;Site Plan approval,engineering approval(by CITY staff or outside review engineering consultant as elected by the CITY)and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance,Subdivision Control Ordinance,City Reimbursement of Consultants and Review Fees Ordinances,Municipal Building Fee, City Land-Cash Ordinance,and City Development Fee Ordinance,payable at the time of Site Plan approval,which have been voluntarily contracted to between the parties and agreed to by OWNER. OWNER agrees that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance currently in effect when development approval is requested,unless provided for differently in this Agreement. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in this agreement,in which case this agreement shall control. ARTICLE III SPECIAL PROVISIONS DESIGN STANDARDS: The below design standards are in addition to the required standards of the CITY regulated by the City's Appearance Code(Title 8,Chapter 15). 1. Single-Family Detached Residential Unit Design Standards: a. Masonry products*shall be incorporated on the front facade*of 75%of the total units. b. A minimum of 75%of the front facade*of each building shall incorporate masonry products*. A 10%reduction of the required masonry area will be given for each major architectural feature on the front facade. c. A minimum of 50%of each building elevation shall incorporate premium siding material* d. Primary structures shall be constructed upon either a basement or foundation —`slab' construction shall not be used. 2 2. Single-Family Attached Residential Unit Design Standards: a. Masonry products*shall be incorporated on the front fagade*of 100%of the total townhome buildings. b. A minimum of 50%of the front fagade*of each building shall incorporate masonry products*. c. A minimum of 50%of each building elevation shall incorporate premium siding material*. d. Each unit shall include two(2)enclosed parking spaces. 3. Commercial Design Standards: a. All`Guidelines'within the Appearance Code section`V Criteria For Appearance,4.Non-Residential,b.Building Design, 1.Commercial,Office and Institutional Uses,b.Guidelines for unbuilt sites' shall be required applications. b. Signage: i. All free standing monument signage must include a 100%masonry product*base no less than the width of the sign area. c. The retail user known and labeled on the Concept and Preliminary PUD Plans as"Home Depot"shall be permitted fencing surrounding the outdoor sales area at the north side of the building to be up to twenty feet(20')in height. RESIDENTIAL FEES 1. In addition to all required application,permit and connection fees the following fees shall be collected for each residential unit at time of Building Permit: a. $2,000 City Road Fee b. $1,549 County Road Fee CANNONBALL TRAIL OFF-SITE LANDSCAPING The OWNER agrees to provide the owners of the properties along the east side of Cannonball Trail directly adjacent to the Subject Property and depicted on Exhibit"C" with the following: 1. A landscape plan designed specifically for the Cannonball Trail frontage of their property that will minimize the visual impact of the development of the subject property; 2. All plant material necessary to implement the landscape plan and installation of said plant material; The landscape contribution to the adjacent property owners is subject to the following conditions: 1. Mutual agreement between the OWNER and the adjacent property owners of the appropriate landscape plan; 3 tip clk Reviewed By: � City Council Jam' 4 " 006 Legal Finance ❑ 18M Engineer ❑ Agenda Item Tracking Number y City Administrator ❑ PC 2006-05 Consultant ❑ � � 2 Human Resources ❑ SCE City Council Agenda Item Summary Memo Title: Bristol Ridge—Annexation,Zoning and Preliminary Plan City Council/COW/Committee Agenda Date: October 17, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Plan Commission recommended approval June 14,2006 City Council Public Hearing held July 11, 2006 United City of Yorkville Memo 800 Game Farm Road Es,: �� �s Yorkville, Illinois 60560 Telephone: 630-553-8545 r_ Fax: 630-553-3436 LLE Date: September 19, 2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: Bristol Ridge Request: Annexation,Zoning, and Preliminary Plan Background: 1. Plan Commission reviewed June 14, 2006 and moved unanimously to forward a recommendation to approve the Annexation and Zoning requests and moved 5 yes/2 no to approve the Preliminary Plan (each motion subject to staff comments)to City Council. 2. 141.267 acres of the 190.1 acre property was annexed in 1994 and zoned R-2. A concept development plan including 162 single family units and 29 duplex units on a portion of the 141.267 acre property was also approved in 1994. Staff Comments: The Plan Commission and staff have requested the name of this development be changed to avoid confusion with Bristol Ridge Road—in order to prevent confusion as this request proceeds through the approval process, staff has advised the petitioner to keep the name—however,the name should be changed prior to final plan/plat submittal. Due to the previous 1994 approval/entitlement,two fee schedules have been created(Exhibit H-1 and H-2 of the Annexation Agreement). Staff has worked with the petitioner to reach an appropriate solution that allows the property to receive the 1994 rates on the Single-Family detached units and require the City's current rates to apply to the duplex and multi-family units. The quantity of the single-family detached units on the current plan approximately equate to the quantity of units entitled under 1994 agreement. Exhibits A-F will need to be submitted and reviewed by staff for accuracy prior to final approval. A-21-206 9_47AM FROM P. d April 21,2006 James Meuard Bristol Ridge,LLC gp0 Roosevelt Road Building A Glen.Ellyn,IL 60137 Ro:BRISTOL RIDGE SUBDIVISIM Mr.Mcnard, Upou review of your Preliminary Plan for the Bristol Ridge subdivision.,plcast ba advised that the Yorkville Community i7nit District 115 does not request land be dedicated for the construction of a School facility based on the capacity of existing and plarmed nearby facilities. You will be required to contribute cash to the School District based on the formula of the Land-Cash ordinance adrriinistered by the City of Yorkville. ccrely, Dr.Thomas Engler,Superintendent Yorkville Community Unit District 115 Travis Millar,Diroctor Yorkville Community Develop nCAt Department http://mail,yorkvi11e.k 12.il.us/sei v'let/webapcicm2mraVm8u 5mh7Li5/GWAP/AREF/2?action=AtW... 4/21/2006 Draft Date.6/29105 Revised 9112106 ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE,LLC THIS ANNEXATION AGREEMENT("Agreement")is made and entered into this day of ,2006 between the UNITED CITY OF YORK-VILLE,a municipal corporation,located in the County of Kendall,State of Illinois("CITY"),and BRISTOL RIDGE,LLC,as owner and/or developer(OWNER and/or DEVELOPER). WITNESSETH WHEREAS,at the time of execution of this Agreement,the OWNER is the record owner of two parcels of certain real property which are the subject matter of this Agreement. The first parcel,known as the"Oliver Parcel"is approximately 135 acres,more or less,and is subject to a pre-annexation agreement with the CITY and is legally described on EXHIBIT"A" attached hereto and made a part hereof. The second parcel,known as the`Bristol Parcel'is approximately 55 acres,more or less,and is legally described on EXHIBIT"A"attached hereto and made apart hereof. Said parcels are located adjacent to Cannonball Trail in Kendall County,Illinois. WHEREAS,the OWNER and CITY have after due and careful consideration,concluded that it would be best to amend and restate the relevant terms and conditions of the pre-annexation agreement for the Oliver Parcel in this Agreement as the Oliver Parcel and Bristol Parcel are to be developed as one cohesive subdivision. The pre-annexation agreement is attached hereto and made a part hereof as EXHIBIT"B". 1 WHEREAS,the two parcels(collectively the"TERRITORY")are comprised of approximately 190 acres,more or less,and are depicted on the Plat of Annexation attached hereto and made a part hereof as EXHIBIT``C"; and WHEREAS, the OWNER and/or DEVELOPER shall develop the TERRITORY with uses and a design generally consistent with all the criteria contained in this Agreement and in the Preliminary Plat of Subdivision prepared by Jacob & Hefner, dated March 16, 2006, with a revision date of May 19, 2006 attached hereto and made a part hereof as EXHIBIT"D" and in conformance with CITY Ordinances, except as expressly and specifically modified by this Agreement;and WHEREAS,the TERRITORY is currently contiguous with the existing corporate limits of the CITY,and is not within the boundary of any other city or village;and WHEREAS, the OWNER and CITY, respectively, have complied with all applicable ordinances and laws of the State of Illinois regarding annexation and development approvals and all petitions for zoning and development approvals relating to the TERRITORY, all pursuant to and upon such notices and related procedures as are required by the ordinances of the CITY and the laws of the State of Illinois;and WHEREAS,in fulfillment of the aforementioned requirements,the CITY published for and held a public hearing before the Plan Commission on June 14, 2006, on the Annexing and Rezoning proposal for the TERRITORY;and WHEREAS,also in fulfillment of the aforementioned requirements,the CITY published for and held a public hearing before the Mayor and Alderman on July 11,2006,on the proposed Annexation Agreement for the TERRITORY. 2 WHEREAS, the Mayor and Alderman, after due and careful consideration, have concluded that the execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the TERRITORY as provided herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW,THEREFORE,in consideration of the mutual covenants and promises herein contained,the parties agree to as follows: 1. ANNEXATION. The CITY agrees to restate the relevant portions of the pre- annexation agreement as set forth herein and immediately annex the TERRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation. 2. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty(20)years. In the event the annexation of the TERRITORY,the classification of the TERRITORY for zoning purposes or other terms of this Agreement are challenged in any court proceeding,the period of time during which such litigation is pending,shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. 3. ZONING AND OTHER APPLICABLE ORDINANCES. The CITY has examined the Plat of Zoning,as hereinafter defined,this Agreement and other submissions and documentations provided or required in connection therewith and find that it is in compliance with this Agreement. 3 A. Contemporaneously with the annexation of the TERRITORY,the CITY shall adopt an ordinance amending the provisions of the Yorkville Zoning Ordinance so as to provide that the TERRITORY shall be classified into the zoning districts identified on the Plat of Zoning. Rezoning granted shall be in conformance with the Plat of Zoning attached here to and made a part hereof as EXHIBIT"E". B. Further,the CITY agrees to grant those modifications as specified in this Agreement,Preliminary Plat of Subdivision,and Exhibits made a part hereof. C. The CITY and OWNER/DEVELOPER agree that the TERRITORY shall be developed in substantial compliance with the ordinances of the CITY,and this Agreement, together with the Preliminary Plat of Subdivision and Exhibits attached hereto. D. Interim Uses: Interim uses set forth below shall be permitted anywhere on the TERRITORY during the term of this Agreement subject to City Subdivision Control,and/or other applicable ordinances,policies or regulations: a. All types of crop farming. b. Paved Parking lots for models. C. Stock piling of dirt,so long as the location of said stock piling does not impact any adjacent residences and/or active farmland crops and are not located on land to be dedicated for parks. d. Temporary detention. e. Construction storage and office/sales trailers,as permitted in Section 16 of this Agreement. f. Temporary Signs as permitted in Section 15 of this Agreement. Said interim uses shall be allowed only for activities taking place on the TERRITORY and not for any other off-site activities not related to the development of the TERRITORY. 4 E. DEVELOPER shall be allowed to submit final plats for approval in phases.The CITY shall approve the Final Plat(s)of Subdivision and such final plans so submitted at any time during the term of this Agreement,subject to the terms and conditions set forth herein provided that such plat(s)and plans substantially conform with the Preliminary Subdivision Plans and otherwise meet all the requirements of the CITY'S Municipal Codes, except as expressly and specifically modified by this Agreement. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty(60) days of its receipt of such final plat,final engineering and all necessary supporting documentation and information by either,(1)adopting such ordinances as may be required to approve such final plat and final engineering and cause the CITY to process and execute any such final plat of subdivision or(2)issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or this Agreement relied upon by the CITY in its request for corrections. F. Throughout the term of this Agreement and any extensions thereof,any setbacks,lot sizes,lot widths,landscaping,and subdivision requirements incorporated in the Preliminary Subdivision Plan shall remain in effect and shall govern the development of the TERRITORY. G. All CITY ordinances,codes,policies and regulations with the exception of the City's Building Code in effect as of the date of this agreement shall be binding upon OWNER and/or DEVELOPER for a period of five(5)years. Thereafter said ordinances,policies and regulations then in effect shall apply,provided however,that the application of any such 5 ordinance,code,policy and regulation shall not result in a reduction in the number of residential or multi-family building lots herein approved for the TERRITORY,alter or eliminate any of the ordinance deviations provided for herein,nor result in any subdivided lot or structure constructed within the TERRITORY being classified as non-conforming. H. To the extent of any conflict or inconsistency between the terms or standards of this Agreement and the terms or standards of the Subdivision and Development Control Regulations,Zoning Ordinance,Building Code or any other applicable CITY code, ordinance,rule or regulation,the terms and standards of this Agreement shall control. I. Nothing contained herein shall prevent the CITY from enforcing Code modifications or requirements by other governmental bodies having jurisdiction so long as the enforcement is done consistent throughout the CITY. J. OWNER and/or DEVELOPER may request and the CITY Administrator may approve minor changes to the Preliminary Plat of Subdivision subject to the provisions of this paragraph 3(J). All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: a. A change in the use or character of the development. b. An increase of more than five percent (5%) in the overall coverage of structures. C. A relocation of any street, curb cut or intersection of more than twenty-five (25) feet in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. d. A reduction of more than five percent (5%) in approved open space. e. An increase of more than five percent(5%)in the total number of dwelling units,inclusive in total,may be approved by the CITY,without any public hearing,such 6 approval not to be unreasonably conditioned,delayed or denied. K. BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 4. PUBLIC IMPROVEMENTS AND SURETY BOND. A. Prior to the commencement of construction for a certain phase of the development,the OWNER and/or DEVELOPER shall provide the CITY with an irrevocable letter of credit or surety bond acceptable to the CITY and issued by an institution approved by the CITY(hereinafter sometimes collectively referred to as"Surety")in an amount equal to one hundred ten percent(110%)of the CITY approved estimate of the established costs of the land improvements to be undertaken for said phase to be developed on the TERRITORY. Any irrevocable letter of credit shall be in a form substantially as set forth in EXHIBIT"G". The estimate of cost shall be initially prepared by the engineer for the OWNER and/or DEVELOPER and shall then be submitted to the CITY engineer for approval,which approval shall not be unreasonably withheld,conditioned or delayed. B. The Surety shall constitute a guarantee that all the land improvements required will be constructed by the OWNER and/or DEVELOPER pursuant to this Agreement, the applicable CITY Ordinances,and the approved final engineering plans and specifications, and shall be completed within a period of time,not to exceed two(2)years from the Final Plan and Plat approval for the TERRITORY or any given Phase thereof(any extension of time may 7 be mutually agreed upon by the OWNER and/or DEVELOPER and the CITY),and that should the OWNER and/or DEVELOPER fail or default in the completion of such obligation within the permitted time,then the CITY may,after complying with the terms and conditions of the Surety, use the Surety to the extent necessary to complete or repair any and all of the improvements secured thereby. C. The OWNER and/or DEVELOPER shall be relieved of all continuing responsibility under a Surety provided pursuant to this Paragraph 4 once the CITY has accepted all land improvements required to be constructed with respect to a given lot(s)of the development of the TERRITORY,all warranty work for such Phase,if any,having been performed by OWNER and/or DEVELOPER and approved by the CITY,and all warranties of the OWNER and/or DEVELOPER hereunder have lapsed,provided,however,that as land improvements are partially completed and paid for by the OWNER and/or DEVELOPER and accepted by the CITY,the Surety deposited by the OWNER and/or DEVELOPER with the CITY,if requested by the OWNER and/or DEVELOPER,may be proportionately reduced or released on an individual improvement-by-improvement basis upon the review and recommendation of the CITY Engineer. Upon completion of a major portion of the public improvements required with respect to a given Phase of the development of the TERRITORY, the Surety shall be reduced by the CITY within sixty(60)days of receiving a positive recommendation from the CITY engineer that said Surety be reduced. The reduction of said Surety shall be in an amount proportional to the work then completed,as reviewed and recommended by the CITY Engineer. The CITY agrees that said review by the CITY engineer shall be of reasonable duration after the submittal of all documents required for said review. The 8 CITY agrees not to condition the reduction in the Surety on the construction of any public improvements not specifically included on the approved final engineering plans for said phase. Notwithstanding anything herein,the CITY shall be entitled to retain ten percent(10%) of the Surety as security for the OWNER'S and/or DEVELOPER'S performance of any warranty work required hereunder,and to use said ten percent(10%)to perform such warranty work in the event that the OWNER and/or DEVELOPER fails to do so. Upon the expiration of the OWNER'S and/or DEVELOPER'S warranty obligation hereunder,the CITY shall promptly release any remaining retained amounts under the relevant Surety. 5. UTILITY CAPACITY AND EXTENSIONS. A. The CITY has determined that the CITY's sanitary sewer transmission system,potable water,fire flow and water storage have sufficient capacity to adequately serve the anticipated uses of the TERRITORY when developed pursuant to the terms of this Agreement. B. To the best of the CITY'S and Yorkville Bristol Sanitary District's knowledge and belief,there is no administrative,judicial,or legislative action pending or being threatened that would result in a reduction of,or limitation upon any party's right to use the sanitary sewer and potable water supplies and systems serving the CITY,and the CITY will notify the OWNER and/or DEVELOPER and use best efforts to promptly take remedial action if such reduction or limitation is threatened in the future. 6. STORMWATER MANAGEMENT. A. The OWNER and/or DEVELOPER shall provide for storm water drainage 9 and the retention/detention thereof upon and from the TERRITORY in substantial conformity with the Preliminary Engineering,subject to review and approval of Final Engineering for each Phase subject to the depressional storage volume and the flood plain compensatory volume being provided in the TERRITORY in retention/detention areas above the TERRITORY storage volumes. OWNER and/or DEVELOPER shall use its best efforts to have all required plantings within the retention/detention areas established,weather permitting,prior to selling any lots which abut the retention/detention areas to individual home owners. 7. EXCAVATION GRADING AND PREPARATION OF TERRITORY. The CITY agrees to allow the OWNER and/or DEVELOPER prior to final approval to allow mass earthwork and grading,provided that the CITY has approved mass grading and erosion control plans for such work,that the OWNERS and/or DEVELOPERS shall comply with all requirements of the CITY Erosion/Sediment Control Ordinance,and provided further that OWNERS and/or DEVELOPERS shall post a Surety in the amount of the cost of such work,as provided by the OWNER'S and/or DEVELOPER'S engineer,subject to the review and approval of the CITY Engineer,which approval shall not be unreasonably withheld,conditioned or delayed,with the CITY as security for the completion hereof,and provided that in the event that OWNERS and/or DEVELOPERS perform or construct any of the land improvements contemplated by Section 4 and Section 10 of this Agreement prior to the time that the CITY has approved the final engineering plans therefore,the CITY may exercise such remedies as it deems necessary to halt such work until such final engineering is approved. 8. RECAPTURE, A. In the event the OWNER and/or DEVELOPER are required by CITY to 10 oversize water,sanitary sewer,storm water pipes and/or facilities or construct roadways and traffic related improvements to serve or benefit other properties,the CITY agrees to enter into a recapture agreement for said costs including but not limited to engineering and reasonable interest costs as provided by law. Any recapture agreement shall be substantially in the form as attached hereto and made a part hereof as EXHIBIT"G". 9. EASEMENTS. A. In the event that during the development of the TERRITORY,OWNER and/or DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the TERRITORY in accordance with the Preliminary Plat of Subdivision,the CITY shall fully cooperate with the OWNER and/or DEVELOPER in causing the vacation and relocation of such existing easements. In the event an offsite easement is required,and the OWNER and/or DEVELOPER is unable to acquire such necessary easement the CITY shall exercise its power of eminent domain to acquire the same,provided OWNER and/or DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. OWNER and/or DEVELOPER shall place a landscape buffer easement in the rear yards on the Final Plat covering Lots 131-117. Said landscape buffer easement shall be initially planted by the OWNER and/or DEVELOPER but shall thereafter be maintained by the individual home owner for each Lot sub'ect to the terms and conditions contained within the Homeowner's Association Documents Covenants and Restrictions Documents or other such documents eovernine the TERRITORY. B. Within 30 days of a written request from the United City of Yorkville,which includes legal I1 descriptions and exhibits as necessary,the OWNER or DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. C. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density or approved lats. 10. CONNECTION TO CITY SERVICES. A. No users shall be permitted to connect to the sewer and water mains until the CITY or its designee(at the sole discretion of the City)has inspected and approved all such lines and the lines have received final regulatory approval from the Illinois Environmental Protection Agency,if required,and all applicable CITY and/or Yorkville Bristol Sanitary District fees have been paid. B. The sole and exclusive purpose of such connections by the OWNER and/or DEVELOPER shall be to provide sanitary sewer and potable water services to the subject TERRITORY. C. The OWNER and/or DEVELOPER shall be responsible for paying to the 12 CITY its tap-on connection fees pursuant to Section 21 and Exhibit H-1 and H-2 of this agreement. 11. PUBLIC IMPROVEMENTS WARRANTY. A. The CITY,once it has had the opportunity to inspect and fully confirm the public improvements required to be constructed under this Agreement comply with CITY approved plans,specifications and ordinances,shall approve all such public improvements,all in accordance with Paragraph 11B.,shall accept their dedication subject to the OWNER'S and/or DEVELOPER'S warranty,as described herein,and shall thereafter operate,maintain,repair,and replace all such public improvement located therein. OWNER and/or DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one(1)year after acceptance thereof by the CITY. Upon notice from the CITY,OWNER and/or DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties,and in addition thereto,in the event that �' r the OWNERS and/or DEVELOPER'S construction of any --------------------------- _Phase of the develoment in the TERRIORTY is determined to have damaged any public improvements previously installed by the OWNER and/or DEVELOPER within the TERRITORY,then upon notice thereof from the CITY,OWNER and/or DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. B. Infrastructure(public improvements and facilities)shall be accepted by the CITY according to the CITY Subdivision Control Ordinance. 12. PUBLIC UTILITIES. The installation of the necessary and appropriate on-site 13 electric,natural gas,cable television,and telephone services to the TERRITORY shall be by underground installation and pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNER and/or DEVELOPER to permit the extension of all such utilities along existing public rights-of-way and otherwise allow the extension of all necessary utilities to the TERRITORY, provided,however,that the CITY'S agreement to cooperate with the OWNER and/or DEVELOPER to allow the extension of utilities to the TERRITORY shall in no way relieve the OWNERS and/or DEVELOPER of their obligations to obtain any and all easements and permits necessary to do so,at their sole cost and expense. 13. RIGHT-OF-WAY DEDICATIONS AND ROADWAY IMPROVEMENTS. The OWNER and/or DEVELOPER shall dedicate or cause to be dedicated to the CITY and/or applicable agency,all necessary rights-of-way as shown on the Final Plat of Subdivision for the TERRITORY. It is recognized that the roadway improvements to be installed by O«'NBR/DEVELOPER on Cannonball Trail mavbe more than would be required by Count ordinance and policy. The OWNER/DEVELOPER shall submit to the CITY and County its cost estimate for the extra cost involved with the all the Cannonball Trail improvements consistent with the County roadway guidelines("Cannonball Trail Extra Costs"1 All ofthe cost estimates shall be supported by documentation and final determination of the costs shall be made by the County Engineer. In the event that the Cannonball Trail Extra Costs exceeds what would be required by County ordinance or policy.the OWNER/DEVELOPER shall receive a credit for the excess Cannonball Trail Extra Costs against the CITY collected County road fees 14 14. INGRESS AND EGRESS. The CITY hereby agrees to approve the proposed public right-of-way connections,in which the CITY has jurisdictional control to review and approve,for the TERRITORY as shown on the Preliminary Plat of Subdivision attached hereto. The OWNER and/or DEVELOPER acknowledge that any proposed right-of-way connections to roadways outside the jurisdictional control of the CITY shall be reviewed and approved by said applicable jurisdiction. Prior to or concurrently with any final plan or final plat review,the OWNER and/or DEVELOPER shall submit written approval from the applicable jurisdiction for said right-of-way connections. OWNER and/or DEVELOPER shall provide a temporary emergency only access over,through and across Lot 132 until a point in time when a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail. Specifications of the said emergency access is subject to the review and approval of the City and the Bristol-Kendall Fire Distri ct which review and approval shall not be unreasonably withheld. conditioned or delayed. After a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail the OWNER and/or DEVELOPER may develop Lot 132 as a single family residence. 15. SIGNAGE. The CITY agrees to allow the following signage to be used in the development: A. Permanent Development Entry Sign. (i) Definition: Main monument sign at entry locations of the subdivision Preliminary Plat of Subdivision. (ii) Number:Six(6). B. Temporary Signs. (i) Definition: Any sign,banner or advertisement for the development on the TERRITORY. 15 (ii) Number:Four(4). (iii) Maximum Size: Ten feet by ten feet(10'x 10')double sided. (iv) Removal: Said sign/s shall be removed upon completion of 85%build-out of the residential lots within the particular phase. C. Other Sian/s. (i) Definition: Any flag,balloon or other advertisement device. (ii) Removal: Said sign/s shall be removed upon completion of 85%build-out of the residential lots within the TERRITORY. D. Model Home Signs: One(1)identification sign in front of each model home;a maximum of four(4)feet in height and twelve(12)square feet in size. Model home signs shall be removed upon occupying the home for normal residential use. IE. &Sims in a public Right of Wad or easement Permits: OWNER/DEVELOPER Formatted:underline agrees that no signs shall be placed in a public Right of Way or easement,and that a permit shall be obtained prior to erecting any of the above signs. 16. MODELS MODEL AREAS TEMPORARY TRAILERS. A. Construction. The CITY agrees to allow the DEVELOPER and/or the builder of the end product(`BUILDER")to construct,maintain and use model home(s)during the development and build out of the TERRITORY prior to final plat approval for each type of housing product being constructed in a particular Phase of the development. Each DEVELOPER and/or BUILDER shall submit to the CITY for its review and approval plans and specifications for each model home(s)that the DEVELOPER and/or BUILDER seeks to construct within the model area provided construction of a dust free aggregate surface acceptable to the CITY and the 16 Bristol-Kendall Fire District in order to provide adequate emergency services to and adjacent to the said model(s);and posting of the necessary Surety guaranteeing public improvements. It is agreed that a model home(s)shall not be used as a model until it is connected to all utilities. In the event that the utilities are not available,the CITY shall permit,subject to City inspection of the connection,the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the model home(s), provided that the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater and each such temporary tank shall be removed and disconnected and said model home(s)shall be connected to the utilities as soon as the utilities become available. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported,from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said model home(s). B. Model Area. The CITY agrees to permit in the model area,temporary fencing,lighting,signage and paved parking lots upon submission of appropriate plans to and approval by the CITY. Said temporary fencing shall not exceed four(4)feet in height,and be accessible for the provision of emergency services. Said temporary model/s signage shall be as per Section 15 of this Agreement. Prior to the CITY accepting the public improvements in the model area,the DEVELOPER and/or BUILDER shall remove all temporary fencing,lighting,signage,parking lot/s and promotional structures. 17 C. Temporary Sales Office Trailer.The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary sales office trailer(s),subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. In the event that the utilities are not available,the CITY shall permit,subject to City inspection,the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary sales office trailer(s). DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported provided the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater,from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. Said temporary sales office trailer shall be removed at such time as the model home(s)being served by said temporary sales office trailer are available for model occupancy. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary sales office trailer. D. Model Occupancy.Prior to the DEVELOPER and/or BUILDER occupying any model home or model unit,the DEVELOPER and/or BUILDER shall schedule a final inspection of said model home or model unit with the CITY's Building and Zoning Department. Upon approval of said final inspection,the respective model home or model unit may be used accordingly. E. Temporary Construction Office Trailer. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use a temporary construction office trailer, 18 subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than two(2) temporary construction office trailers for each contractor providing construction services to said TERRITORY. In the event that the utilities are not available,the CITY shall permit the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary construction office trailers. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported provided the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater,from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary construction office trailer. F. Temporary Construction Storage Trailers. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary construction storage trailers, subject to providing construction services to said TERRITORY submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than one(1)temporary construction storage trailer per contractor providing construction services to said TERRITORY. 17. LOT SIZES. The CITY agrees to the sizes,lot widths and depths for the land use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT"D". 19 18. SETBACKS AND/OR BUILDING SEPARATIONS. The CITY agrees to the setbacks and/or building separations for the land use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT"D". 19. ADJACENT FARMS. The OWNER and/or DEVELOPER of the TERRITORY acknowledge that Kendall County has a long,rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability in the County. Normal agriculture practices may result in occasional smells,dust,sights,noise and unique hours of operation that are not typical in other zoning areas. The OWNER and/or DEVELOPER of the TERRITORY agrees to incorporate the"Right to Farm"language on the Final Plat of Subdivision and incorporate similar language within the Homeowner's Association Documents,Covenants and Restrictions Documents or other such documents governing the subdivision. 20. STUB STREET CONNECTIONS. The OWNER and/or DEVELOPER of the property acknowledge that roadways which do not end in an intersection or a cul-de-sac will continue to the boundary of the TERRITORY to provide for a connection with future roadways and adjacent developments. 21. FEES, DONATIONS AND CONTRIBUTIONS Development fees for this property have been determined for the single-family detached units and for the attached and multi-family units and are attached in Exhibit"H-1"and H-2" The detached single family units(Exhibit H-1) uses the fee schedule of which portions are entitled by a 1994 agreement for a portion of the subject property.The duplex and multi-family unit fees are based on the current fees applicable at the date of this agreement. 20 A. OWNER and/or DEVELOPER shall pay fees to the CITY as set forth on the attached EXHIBIT"H-1"and EXHIBIT 1111-2"attached hereto and incorporated herein.The time at which the OWNER/DEVELOPER shall pay such fees shall be in accordance with the attached EXHIBIT"H-1"and"14-2". During the first five(5)years following the date of the Agreement,the CITY shall impose upon and collect from OWNER,and their respective contractors,only those permit,impact,tap on and connection fees and charges,and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY,except as otherwise expressly provided for in this Agreement on the Fee Schedules attached hereto and made a part hereof as Exhibits"11-1"and"11-2"". At the expiration of this five year term,the CITY shall give the OWNER a six(6)month grace period from the date they are notified of any changes to the permit,license,tap on and connection fees and charges in order to comply with the new regulations. OWNER and/or DEVELOPER may pre-pay any fee proposed to be changed which shall freeze said proposed fee increase and not affect the TERRITORY IB. No contribution of land for school purposes shall be required of OWNER and/or DEVELOPER as a result of the development of the TERRITORY. In lieu of the contribution of land,OWNER and/or DEVELOPER agrees to pay to the CITY for distribution by the CITY to the School District,as OWNER and/or DEVELOPER's sole and exclusive contribution for school purposes as a result of the development of the TERRITORY,the sum of Deleted:a $1,504,594.00(hereinafter referred to as the"School Contribution"). Payment to satisfy&e_ $1.504.594.00 cash contribution shall be payable to the School District at the time of issuance of a building permit for each dwelling unit as specified in Exhibit"H-l"and"H-2". 21 C. OWNER and/or DEVELOPER shall contribute 6.1 acres of land identified as Lot 405 on the Preliminary Plat of Subdivision and the total sum of$598,800.00 Deleted:a (hereinafter referred to as the"Park Contribution"). Payment to satisfy4he$598,800400 cash contribution shall be payable to the CITY at the time of issuance of a building permit for each dwelling unit as specified in Exhibit"H-1"and"H-2". 22. CREATION OF HOMEOWNER'S ASSOCIATION AND DORMANT SPECIAL SERVICE AREA. OWNER and/or DEVELOPER shall create a Homeowner's Association that will be responsible for maintaining all common areas of the development,unless the same are accepted by the CITY. The OWNER and/or DEVELOPER shall further provide for the creation of a back-up"dormant"Special Service Area Tax for maintenance of said common areas and for the TERRITORY prior to or concurrent with the recording of the first Final Plat of Subdivision for the development. 23. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The CITY agrees to issue within fifteen(15)business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. The CITY agrees to issue within fifteen(15)business days after receipt of application to the CITY Building Department certificates of occupancy or issue a letter of denial within said 22 period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not be obligated to issue a certificate of occupancy for any residential unit constructed within the TERRITORY until the unit for which a certificate of occupancy is being sought is connected to and capable of being served by sanitary sewers,storm sewers,water mains,public streets,natural gas lines and electric utilities,and is in conformance with the CITY'S Building Codes. The above notwithstanding,the CITY agrees to issue conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks,driveways,and required landscaping. The developer of the lot shall post a financial guarantee to cover the costs of said improvements not covered under the Surety submitted as provided in this Agreement. The CITY shall not limit the number of certificates of occupancy or the time of issuance of Certificates of occupancy during the term of this Agreement. No occupancy permits will be issued until the OWNER/DEVELOPER and/or BUILDER Deleted:proof to the CITY is provided by the OWNER/pEVELOPERhag provides to the CITY evidence the he Bristol Kendall Fire Protection District fire hydrants_____, demonstrated to within 300 feet of the dwelling units being permitted are operational. Furthermore,the OWNER/DEVELOPER agrees to mark or bag fire hydrants that are not in service within thirty J30)days of construction. Notwithstanding anything herein to the contrary.the CITY agrees that the Models or Temporary Trailers within the TERRITORY shall not need an occupancy hermit. 24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by the OWNER and/or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY, 23 including,but not limited to those required from the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency,the Army Corps of Engineers and the Federal Emergency Management Agency. The CITY further agrees to reasonably cooperate with the OWNER and/or DEVELOPER in obtaining all other permits and approvals required by the County of Kendall and other governmental units in connection with the contemplated development of the TERRITORY. 25. GOVERNING LAW ENFORCEMENT:REMEDIES. A. The laws of the State of Illinois shall govern the validity,performance and enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure the specific performance of this Agreement,or to secure any and all other remedies available at law or in equity in connection with,the covenants,agreements,conditions,and obligations contained herein. Venue for any action is in the Circuit court of Kendall County, Illinois. B. In the event of a material breach of this Agreement,the Parties agree that the defaulting party shall have thirty(30)days after notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein;provided,however, any breach by the OWNER and/or DEVELOPER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or 30 day delay. C. In the event the performance of any covenant to be performed hereunder by either OWNER and/or DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance(which causes shall include,but 24 not be limited to,acts of God;inclement weather conditions;strikes;material shortages; lockouts;the revocation,suspension,or inability to secure any necessary governmental permit, other than a CITY license or permit;and any similar case)the time for such performance shall be extended by the amount of time of such delay. D. The failure of the Parties to insist upon the strict and prompt performance of the terms,covenants,agreements,and conditions herein contained,or any of them,upon any other party imposed,shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term,covenant,agreement,or condition,but the same shall continue in full force and effect. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreements and negotiations between the parties and sets forth all promises,inducements,agreements,conditions,and understandings between and among the parties relative to the subject matter hereof,and there are no promises, agreements,conditions,or understandings,either oral or written,express or implied,between or among them,other than are herein set forth. B. This Agreement,and any Exhibits or attachments hereto,may be amended from time to time in writing with the consent of the Parties,pursuant to applicable provisions of the Municipal Code and Illinois Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the TERRITORY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the TERRITORY not affected by such Amendment. Any modification to the Preliminary Plat of Subdivision shall not require an amendment to this Agreement. In the event the Parties desire to amend this Agreement, the 25 signature of all parties owning property within the TERRITORY shall not be required to effect such Agreement. Rather, only those property owners owning property within that portion of the TERRITORY actually and directly affected by the proposed Amendment shall be required to execute any Amendment hereto. 27. SUCCESSORS AND ASSIGNS This Agreement shall constitute a covenant running with the land and be binding upon and inure to the benefit of the Parties hereto,their successors in interest,assignees,lessees. Upon the conveyance or assignment by OWNER, DEVELOPER AND/OR BUILDER of its interest in the TERRITORY to any successor, assignee,or nominee,OWNER,DEVELOPER AND/OR BUILDER shall be released from any and all further liability or responsibility under this Agreement,and the CITY shall thereafter look only to the successor,assignee,or nominee of OWNER,DEVELOPER AND/OR BUILDER concerning the performance of such duties and obligations of OWNER,DEVELOPER AND/OR BUILDER required herein. 28. SEVERABILITY. Should any provision of this Agreement,or application thereof to any party or circumstance,be held invalid and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision,then all remaining provisions shall remain in full force and effect. 29. TIME. Time is of the essence of this Agreement and all documents, agreements,and contracts pursuant hereto. 30. NOTICE. All notices,elections,and other communications between the Parties hereto shall be in writing and shall be mailed by certified mail,return receipt requested,postage prepaid,or delivered personally,to the parties at the following addresses,or at such other address 26 as the parties may,by notice,designate: If to the CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,IL 60560 With a copy to: United City of Yorkville Attn:City Attorney 800 Game Farm Road Yorkville,IL 60560 If to the OWNER and/or DEVELOPER: Bristol Ridge,LLC Attn:James Menard 800 Roosevelt Road Building A,Suite 100 Glen Ellyn,IL 60137 With a copy to: Rathje&Woodward,LLC Kevin M.Carrara,Esq. 300 East Roosevelt Road,Suite 300 Wheaton,EL 60187 Notices shall be deemed received on the third business day following deposit in the U.S.Mail,if given by certified mail as aforesaid,and upon receipt,if personally delivered. 31. CORPORATE AUTHORITIES. The parties acknowledge and agree that the individuals who are members of the group constitute the Corporate Authorities of the CITY are entering into this Agreement in their capacities as members of such group and shall have no personal liability in their individual capacities. 27 32. AGREEMENT. This Agreement or any Exhibits or attachments hereto,may be amended from time to time in writing with the consent of the parties hereto,pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of the TERRITORY as provisions applying exclusively thereto,without the consent of the owner of portions of the TERRITORY not effected by such amendment. 33. ANNEXATION CHALLENGE If for any reason and at anytime,the annexation of the TERRITORY to the CITY or the terms of this Agreement is legally challenged by any person or entity by an action at law or in equity,CITY shall:(1)cooperate with the OWNER and DEVELOPER in the vigorous defense of such action through all proceedings, including appeals;and(2)take such other actions as may be then or thereafter possible pursuant to the Illinois Municipal Code to annex the TERRITOTY and/or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and/or effected under the terms of this Agreement. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE TO FOLLOW. 28 IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE, an Illinois municipal corporation: BY: Mayor ATTEST: City Clerk OWNER AND/OR DEVELOPER: BRISTOL RIDGE,LLC BY: James Menard,Manager 29 SCHEDULE OF EXHIBITS EXHIBIT A: LEGAL DESCRIPTION EXHIBIT B: PLAT OF ANNEXATIOJN EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION EXHIBIT E: PLAT OF ZONING EXHIBIT F: LETTER OF CREDIT EXHIBIT G: RECAPTURE AGREEMENT EXHIBIT H-1: SCHEDULE OF FEES- SINGLE FAMILY DETACHED UNITS EXHIBIT H-2: SCHEDULE OF FEES-DUPLEX&MULTI-FAMILY UNITS 30 Draft Date: 6129105 Revised 9112106 ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE,LLC THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this day of , 2006 between the UNITED CITY OF YORKVILLE,a municipal corporation, located in the County of Kendall, State of Illinois("CITY"),and BRISTOL RIDGE,LLC,as owner and/or developer(OWNER and/or DEVELOPER). WITNESSETH WHEREAS, at the time of execution of this Agreement,the OWNER is the record owner of two parcels of certain real property which are the subject matter of this Agreement. The first parcel,known as the"Oliver Parcel" is approximately 135 acres,more or less, and is subject to a pre-annexation agreement with the CITY and is legally described on EXHIBIT "A" attached hereto and made a part hereof. The second parcel,known as the"Bristol Parcel" is approximately 55 acres,more or less, and is legally described on EXHIBIT "A" attached hereto and made a part hereof. Said parcels are located adjacent to Cannonball Trail in Kendall County, Illinois. WHEREAS,the OWNER and CITY have after due and careful consideration,concluded that it would be best to amend and restate the relevant terms and conditions of the pre-annexation agreement for the Oliver Parcel in this Agreement as the Oliver Parcel and Bristol Parcel are to be developed as one cohesive subdivision. The pre-annexation agreement is attached hereto and made a part hereof as EXHIBIT "B". 1 WHEREAS,the two parcels (collectively the "TERRITORY") are comprised of approximately 190 acres, more or less, and are depicted on the Plat of Annexation attached hereto and made a part hereof as EXHIBIT "C"; and WHEREAS, the OWNER and/or DEVELOPER shall develop the TERRITORY with uses and a design generally consistent with all the criteria contained in this Agreement and in the Preliminary Plat of Subdivision prepared by Jacob & Hefner, dated March .16, 2006, with a revision date of May 19, 2006 attached hereto and made a part hereof as EXHIBIT "D" and in conformance with CITY Ordinances, except as expressly and specifically modified by this Agreement; and WHEREAS, the TERRITORY is currently contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other city or village; and WHEREAS, the OWNER and CITY, respectively, have complied with all applicable ordinances and laws of the State of Illinois regarding annexation and development approvals and all petitions for zoning and development approvals relating to the TERRITORY, all pursuant to and upon such notices and related procedures as are required by the ordinances of the CITY and the laws of the State of Illinois; and WHEREAS, in fulfillment of the aforementioned requirements, the CITY published for and held a public hearing before the Plan Commission on June 14, 2006, on the Annexing and Rezoning proposal for the TERRITORY; and WHEREAS, also in fulfillment of the aforementioned requirements,the CITY published for and held a public hearing before the Mayor and Alderman on July 11, 2006, on the proposed Annexation Agreement for the TERRITORY. 2 WHEREAS, the Mayor and Alderman, after due and careful consideration, have concluded that the execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the TERRITORY as provided herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW,THEREFORE, in consideration of the mutual covenants and promises herein contained,the parties agree to as follows: 1. ANNEXATION. The CITY agrees to restate the relevant portions of the pre- annexation agreement as set forth herein and immediately annex the TERRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation. 2. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty(20)years. In the event the annexation of the TERRITORY,the classification of the TERRITORY for zoning purposes or other terms of this Agreement are challenged in any court proceeding,the period of time during which such litigation is pending, shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. 3. ZONING AND OTHER APPLICABLE ORDINANCES. The CITY has examined the Plat of Zoning, as hereinafter defined,this Agreement and other submissions and documentations provided or required in connection therewith and find that it is in compliance with this Agreement. 3 A. Contemporaneously with the annexation of the TERRITORY, the CITY shall adopt an ordinance amending the provisions of the Yorkville Zoning Ordinance so as to provide that the TERRITORY shall be classified into the zoning districts identified on the Plat of Zoning. Rezoning granted shall be in conformance with the Plat of Zoning attached here to and made a part hereof as EXHIBIT "E". B. Further, the CITY agrees to grant those modifications as specified in this Agreement,Preliminary Plat of Subdivision, and Exhibits made a part hereof. C. The CITY and OWNER/DEVELOPER agree that the TERRITORY shall be developed in substantial compliance with the ordinances of the CITY, and this Agreement, together with the Preliminary Plat of Subdivision and Exhibits attached hereto. D. Interim Uses: Interim uses set forth below shall be permitted anywhere on the TERRITORY during the term of this Agreement subject to City Subdivision Control, and/or other applicable ordinances,policies or regulations: a. All types of crop farming. b. Paved Parking lots for models. C. Stock piling of dirt, so long as the location of said stock piling does not impact any adjacent residences and/or active farmland crops and are not located on land to be dedicated for parks. d. Temporary detention. e. Construction storage and office/sales trailers, as permitted in Section 16 of this Agreement. f. Temporary Signs as permitted in Section 15 of this Agreement. Said interim uses shall be allowed only for activities taking place on the TERRITORY and not for any other off-site activities not related to the development of the TERRITORY. 4 E. DEVELOPER shall be allowed to submit final plats for approval in phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at any time during the term of this Agreement, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Preliminary Subdivision Plans and otherwise meet all the requirements of the CITY'S Municipal Codes, except as expressly and specifically modified by this Agreement. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty (60) days of its receipt of such final plat, final engineering and all necessary supporting documentation and information by either; (1) adopting such ordinances as may be required to approve such final plat and final engineering and cause the CITY to process and execute any such final plat of subdivision or(2) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or this Agreement relied upon by the CITY in its request for corrections. F. Throughout the term of this Agreement and any extensions thereof,any setbacks, lot sizes, lot widths, landscaping, and subdivision requirements incorporated in the Preliminary Subdivision Plan shall remain in effect and shall govern the development of the TERRITORY. G. All CITY ordinances, codes,policies and regulations with the exception of the City's Building Code in effect as of the date of this agreement shall be binding upon OWNER and/or DEVELOPER for a period of five (5)years. Thereafter said ordinances,policies and regulations then in effect shall apply,provided however,that the application of any such 5 ordinance, code,policy and regulation shall not result in a reduction in the number of residential or multi-family building lots herein approved for the TERRITORY, alter or eliminate any of the ordinance deviations provided for herein, nor result in any subdivided lot or structure constructed within the TERRITORY being classified as non-conforming. H. To the extent of any conflict or inconsistency between the terms or standards of this Agreement and the terms or standards of the Subdivision and Development Control Regulations, Zoning Ordinance,Building Code or any other applicable CITY code, ordinance, rule or regulation, the terms and standards of this Agreement shall control. I. Nothing contained herein shall prevent the CITY from enforcing Code modifications or requirements by other governmental bodies having jurisdiction so long as the enforcement is done consistent throughout the CITY. J. OWNER and/or DEVELOPER may request and the CITY Administrator may approve minor changes to the Preliminary Plat of Subdivision subject to the provisions of this paragraph 3(J). All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: a. A change in the use or character of the development. b. An increase of more than five percent (5%) in the overall coverage of structures. C. A relocation of any street, curb cut or intersection of more than twenty-five (25) feet in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. d. A reduction of more than five percent (5%) in approved open space. e. An increase of more than five percent(5%) in the total number of dwelling units, inclusive in total,may be approved by the CITY, without any public hearing, such 6 approval not to be unreasonably conditioned, delayed or denied. K. BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 4. PUBLIC IMPROVEMENTS AND SURETY BOND. A. Prior to the commencement of construction for a certain phase of the development,the OWNER and/or DEVELOPER shall provide the CITY with an irrevocable letter of credit or surety bond acceptable to the CITY and issued by an institution approved by the CITY(hereinafter sometimes collectively referred to as "Surety") in an amount equal to one hundred ten percent(110%) of the CITY approved estimate of the established costs of the land improvements to be undertaken for said phase to be developed on the TERRITORY. Any irrevocable letter of credit shall be in a form substantially as set forth in EXHIBIT "G". The estimate of cost shall be initially prepared by the engineer for the OWNER and/or DEVELOPER and shall then be submitted to the CITY engineer for approval,which approval shall not be unreasonably withheld, conditioned or delayed. B. The Surety shall constitute a guarantee that all the land improvements required will be constructed by the OWNER and/or DEVELOPER pursuant to this Agreement, the applicable CITY Ordinances, and the approved final engineering plans and specifications, and shall be completed within a period of time, not to exceed two (2)years from the Final Plan and Plat approval for the TERRITORY or any given Phase thereof(any extension of time may 7 be mutually agreed upon by the OWNER and/or DEVELOPER and the CITY), and that should the OWNER and/or DEVELOPER fail or default in the completion of such obligation within the permitted time,then the CITY may, after complying with the terms and conditions of the Surety, use the Surety to the extent necessary to complete or repair any and all of the improvements secured thereby. C. The OWNER and/or DEVELOPER shall be relieved of all continuing responsibility under a Surety provided pursuant to this Paragraph 4 once the CITY has accepted all land improvements required to be constructed with respect to a given lot(s) of the development of the TERRITORY, all warranty work for such Phase, if any,having been performed by OWNER and/or DEVELOPER and approved by the CITY, and all warranties of the OWNER and/or DEVELOPER hereunder have lapsed,provided, however,that as land improvements are partially completed and paid for by the OWNER and/or DEVELOPER and accepted by the CITY,the Surety deposited by the OWNER and/or DEVELOPER with the CITY, if requested by the OWNER and/or DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis upon the review and recommendation of the CITY Engineer. Upon completion of a major portion of the public improvements required with respect to a given Phase of the development of the TERRITORY, the Surety shall be reduced by the CITY within sixty(60) days of receiving a positive recommendation from the CITY engineer that said Surety be reduced. The reduction of said Surety shall be in an amount proportional to the work then completed, as reviewed and recommended by the CITY Engineer. The CITY agrees that said review by the CITY engineer shall be of reasonable duration after the submittal of all documents required for said review. The 8 CITY agrees not to condition the reduction in the Surety on the construction of any public improvements not specifically included on the approved final engineering plans for said phase. Notwithstanding anything herein,the CITY shall be entitled to retain ten percent(10%) of the Surety as security for the OWNER'S and/or DEVELOPER'S performance of any warranty work required hereunder, and to use said ten percent(10%)to perform such warranty work in the event that the OWNER and/or DEVELOPER fails to do so. Upon the expiration of the OWNER'S and/or DEVELOPER'S warranty obligation hereunder,the CITY shall promptly release any remaining retained amounts under the relevant Surety. 5. UTILITY CAPACITY AND EXTENSIONS. A. The CITY has determined that the CITY's sanitary sewer transmission system,potable water, fire flow and water storage have sufficient capacity to adequately serve the anticipated uses of the TERRITORY when developed pursuant to the terms of this Agreement. B. To the best of the CITY'S and Yorkville Bristol Sanitary District's knowledge and belief,there is no administrative,judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon any party's right to use the sanitary sewer and potable water supplies and systems serving the CITY, and the CITY will notify the OWNER and/or DEVELOPER and use best efforts to promptly take remedial action if such reduction or limitation is threatened in the future. 6. STORMWATER MANAGEMENT. A. The OWNER and/or DEVELOPER shall provide for storm water drainage 9 and the retention/detention thereof upon and from the TERRITORY in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase subject to the depressional storage volume and the flood plain compensatory volume being provided in the TERRITORY in retention/detention areas above the TERRITORY storage volumes. OWNER and/or DEVELOPER shall use its best efforts to have all required plantings within the retention/detention areas established, weather permitting,prior to selling any lots which abut the retention/detention areas to individual home owners. 7. EXCAVATION GRADING AND PREPARATION OF TERRITORY. The CITY agrees to allow the OWNER and/or DEVELOPER prior to final approval to allow mass earthwork and grading,provided that the CITY has approved mass grading and erosion control plans for such work,that the OWNERS and/or DEVELOPERS shall comply with all requirements of the CITY Erosion/Sediment Control Ordinance, and provided further that OWNERS and/or DEVELOPERS shall post a Surety in the amount of the cost of such work, as provided by the OWNER'S and/or DEVELOPER'S engineer, subject to the review and approval of the CITY Engineer, which approval shall not be unreasonably withheld, conditioned or delayed, with the CITY as security for the completion hereof, and provided that in the event that OWNERS and/or DEVELOPERS perform or construct any of the land improvements contemplated by Section 4 and Section 10 of this Agreement prior to the time that the CITY has approved the final engineering plans therefore,the CITY may exercise such remedies as it deems necessary to halt such work until such final engineering is approved. 8. RECAPTURE. A. In the event the OWNER and/or DEVELOPER are required by CITY to 10 oversize water, sanitary sewer, storm water pipes and/or facilities or construct roadways and traffic related improvements to serve or benefit other properties,the CITY agrees to enter into a recapture agreement for said costs including but not limited to engineering and reasonable interest costs as provided by law. Any recapture agreement shall be substantially in the form as attached hereto and made a part hereof as EXHIBIT "G". 9. EASEMENTS. A. In the event that during the development of the TERRITORY, OWNER and/or DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the TERRITORY in accordance with the Preliminary Plat of Subdivision,the CITY shall fully cooperate with the OWNER and/or DEVELOPER in causing the vacation and relocation of such existing easements. In the event an offsite easement is required, and the OWNER and/or DEVELOPER is unable to acquire such necessary easement the CITY shall exercise its power of eminent domain to acquire the same,provided OWNER and/or DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. OWNER and/or DEVELOPER shall place a landscape buffer easement in the rear yards on the Final Plat covering Lots 131-117. Said landscape buffer easement shall be initially planted by the OWNER and/or DEVELOPER but shall thereafter be maintained by the individual home owner for each Lot subject to the terms and conditions contained within the Homeowner's Association Documents, Covenants and Restrictions Documents or other such documents governing the TERRITORY. 11 B. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. C. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density or approved plats. 10. CONNECTION TO CITY SERVICES. A. No users shall be permitted to connect to the sewer and water mains until the CITY or its designee(at the sole discretion of the City)has inspected and approved all such lines and the lines have received final regulatory approval from the Illinois Environmental Protection Agency, if required, and all applicable CITY and/or Yorkville Bristol Sanitary District fees have been paid. B. The sole and exclusive purpose of such connections by the OWNER and/or DEVELOPER shall be to provide sanitary sewer and potable water services to the subject TERRITORY. 12 C. The OWNER and/or DEVELOPER shall be responsible for paying to the CITY its tap-on connection fees pursuant to Section 21 and Exhibit H-1 and H-2 of this agreement. 11. PUBLIC IMPROVEMENTS WARRANTY. A. The CITY, once it has had the opportunity to inspect and fully confirm the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications and ordinances, shall approve all such public improvements, all in accordance with Paragraph 11B., shall accept their dedication subject to the OWNER'S and/or DEVELOPER'S warranty, as described herein, and shall thereafter operate,maintain,repair,and replace all such public improvement located therein. OWNER and/or DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one (1)year after acceptance thereof by the CITY. Upon notice from the CITY, OWNER and/or DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties,and in addition thereto, in the event that the OWNER'S and/or DEVELOPER'S construction of any Phase of the development in the TERRIORTY is determined to have damaged any public improvements previously installed by the OWNER and/or DEVELOPER within the TERRITORY,then upon notice thereof from the CITY, OWNER and/or DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. B. Infrastructure(public improvements and facilities) shall be accepted by the CITY according to the CITY Subdivision Control Ordinance. 13 12. PUBLIC UTILITIES. The installation of the necessary and appropriate on-site electric, natural gas, cable television, and telephone services to the TERRITORY shall be by underground installation and pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNER and/or DEVELOPER to permit the extension of all such utilities along existing public rights-of-way and otherwise allow the extension of all necessary utilities to the TERRITORY, provided, however,that the CITY'S agreement to cooperate with the OWNER and/or DEVELOPER to allow the extension of utilities to the TERRITORY shall in no way relieve the OWNERS and/or DEVELOPER of their obligations to obtain any and all easements and permits necessary to do so, at their sole cost and expense. 13. RIGHT-OF-WAY DEDICATIONS AND ROADWAY IMPROVEMENTS. The OWNER and/or DEVELOPER shall dedicate or cause to be dedicated to the CITY and/or applicable agency, all necessary rights-of-way as shown on the Final Plat of Subdivision for the TERRITORY. It is recognized that the roadway improvements to be installed by OWNER/DEVELOPER on Cannonball Trail maybe more than would be required by County ordinance and policy. The OWNER/DEVELOPER shall submit to the CITY and County its cost estimate for the extra cost involved with the all the Cannonball Trail improvements consistent with the County roadway guidelines ("Cannonball Trail Extra Costs"). All of the cost estimates shall be supported by documentation and final determination of the costs shall be made by the County Engineer. In the event that the Cannonball Trail Extra Costs exceeds what would be required by County ordinance or policy,the OWNER/DEVELOPER shall receive a credit for the 14 excess Cannonball Trail Extra Costs against the CITY collected County road fees. 14. INGRESS AND EGRESS. The CITY hereby agrees to approve the proposed public right-of-way connections, in which the CITY has jurisdictional control to review and approve, for the TERRITORY as shown on the Preliminary Plat of Subdivision attached hereto. The OWNER and/or DEVELOPER acknowledge that any proposed right-of-way connections to roadways outside the jurisdictional control of the CITY shall be reviewed and approved by said applicable jurisdiction. Prior to or concurrently with any final plan or final plat review,the OWNER and/or DEVELOPER shall submit written approval from the applicable jurisdiction for said right-of-way connections. OWNER and/or DEVELOPER shall provide a temporary emergency only access over,through and across Lot 132 until a point in time when a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail. Specifications of the said emergency access is subject to the review and approval of the City and the Bristol-Kendall Fire District,which review and approval shall not be unreasonably withheld, conditioned or delayed. After a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail the OWNER and/or DEVELOPER may develop Lot 132 as a single family residence. 15. SIGNAGE. The CITY agrees to allow the following signage to be used in the development: A. Permanent Development Entry Sign. (i) Definition: Main monument sign at entry locations of the subdivision Preliminary Plat of Subdivision. (ii) Number: Six(6). B. Temporary Signs. 15 (i) Definition: Any sign, banner or advertisement for the development on the TERRITORY. (ii) Number: Four(4). (iii) Maximum Size: Ten feet by ten feet(10' x 10') double sided. (iv) Removal: Said sign/s shall be removed upon completion of 85%build-out of the residential lots within the particular phase. C. Other Sign/s. (i) Definition: Any flag, balloon or other advertisement device. (ii) Removal: Said sign/s shall be removed upon completion of 85%build-out of the residential lots within the TERRITORY. D. Model Home Signs: One (1) identification sign in front of each model home; a maximum of four(4) feet in height and twelve (12)square feet in size. Model home signs shall be removed upon occupying the home for normal residential use. E. No Sims in a public Right of Way or easement Permits: OWNER/DEVELOPER agrees that no signs shall be placed in a public Right of Way or easement, and that a permit shall be obtained prior to erecting any of the above signs. 16. MODELS,MODEL AREAS,TEMPORARY TRAILERS A. Construction. The CITY agrees to allow the DEVELOPER and/or the builder of the end product("BUILDER")to construct,maintain and use model home(s) during the development and build out of the TERRITORY prior to final plat approval for each type of housing product being constructed in a particular Phase of the development. Each DEVELOPER and/or BUILDER shall submit to the CITY for its review and approval plans and specifications for each model home(s)that the DEVELOPER and/or BUILDER seeks to construct within the 16 model area provided construction of a dust free aggregate surface acceptable to the CITY and the Bristol-Kendall Fire District in order to provide adequate emergency services to and adjacent to the said model(s); and posting of the necessary Surety guaranteeing public improvements. It is agreed that a model home(s) shall not be used as a model until it is connected to all utilities. In the event that the utilities are not available,the CITY shall permit, subject to City inspection of the connection,the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the model home(s), provided that the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater and each such temporary tank shall be removed and disconnected and said model home(s) shall be connected to the utilities as soon as the utilities become available. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported,from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said model home(s). B. Model Area. The CITY agrees to permit in the model area,temporary fencing, lighting, signage and paved parking lots upon submission of appropriate plans to and approval by the CITY. Said temporary fencing shall not exceed four(4)feet in height, and be accessible for the provision of emergency services. Said temporary model/s signage shall be as per Section 15 of this Agreement. Prior to the CITY accepting the public improvements in the model area,the DEVELOPER and/or BUILDER shall remove all temporary fencing, lighting, signage,parking 17 lot/s and promotional structures. C. Temporary Sales Office Trailer. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary sales office trailer(s), subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. In the event that the utilities are not available, the CITY shall permit, subject to City inspection,the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary sales office trailer(s). DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported provided the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater, from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. Said temporary sales office trailer shall be removed at such time as the model homes)being served by said temporary sales office trailer are available for model occupancy. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary sales office trailer. D. Model Occupancy. Prior to the DEVELOPER and/or BUILDER occupying any model home or model unit,the DEVELOPER and/or BUILDER shall schedule a final inspection of said model home or model unit with the CITY's Building and Zoning Department. Upon approval of said final inspection,the respective model home or model unit may be used accordingly. 18 E. Temporary Construction Office Trailer. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use a temporary construction office trailer, subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than two (2) temporary construction office trailers for each contractor providing construction services to said TERRITORY. In the event that the utilities are not available,the CITY shall permit the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary construction office trailers. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported provided the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater, from time to time,to a receptacle designated by the CITY within ten (10)miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary construction office trailer. F. Temporary Construction Storage Trailers. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary construction storage trailers, subject to providing construction services to said TERRITORY submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than one (1)temporary construction storage trailer per contractor providing construction services to said TERRITORY. 17. LOT SIZES. The CITY agrees to the sizes,lot widths and depths for the land 19 use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT "D". 18. SETBACKS AND/OR BUILDING SEPARATIONS. The CITY agrees to the setbacks and/or building separations for the land use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT "D". 19. ADJACENT FARMS. The OWNER and/or DEVELOPER of the TERRITORY acknowledge that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability in the County. Normal agriculture practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNER and/or DEVELOPER of the TERRITORY agrees to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within the Homeowner's Association Documents, Covenants and Restrictions Documents or other such documents governing the subdivision. 20. STUB STREET CONNECTIONS. The OWNER and/or DEVELOPER of the property acknowledge that roadways which do not end in an intersection or a cul-de-sac will continue to the boundary of the TERRITORY to provide for a connection with future roadways and adjacent developments. 21. FEES, DONATIONS AND CONTRIBUTIONS Development fees for this property have been determined for the single-family detached units and for the attached and multi-family units and are attached in Exhibit"H-1"and H-2" The detached single family units (Exhibit H-1) uses the fee schedule of which portions are entitled by a 1994 agreement for a portion of the subject property. The duplex and multi-family unit fees are based on the current fees applicable 20 at the date of this agreement. A. OWNER and/or DEVELOPER shall pay fees to the CITY as set forth on the attached EXHIBIT "H-1" and EXHIBIT "H-2" attached hereto and incorporated herein. The time at which the OWNER/DEVELOPER shall pay such fees shall be in accordance with the attached EXHIBIT"H-1" and"H-2". During the first five (5)years following the date of the Agreement,the CITY shall impose upon and collect from OWNER, and their respective contractors, only those permit, impact,tap on and connection fees and charges, and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY,except as otherwise expressly provided for in this Agreement on the Fee Schedules attached hereto and made a part hereof as Exhibits"H-1" and"H-2"". At the expiration of this five year term,the CITY shall give the OWNER a six(6)month grace period from the date they are notified of any changes to the permit, license,tap on and connection fees and charges in order to comply with the new regulations. OWNER and/or DEVELOPER may pre-pay any fee proposed to be changed which shall freeze said proposed fee increase and not affect the TERRITORY B. No contribution of land for school purposes shall be required of OWNER and/or DEVELOPER as a result of the development of the TERRITORY. In lieu of the contribution of land, OWNER and/or DEVELOPER agrees to pay to the CITY for distribution by the CITY to the School District, as OWNER and/or DEVELOPER's sole and exclusive contribution for school purposes as a result of the development of the TERRITORY,the sum of $1,504,594.00 (hereinafter referred to as the"School Contribution"). Payment to satisfy the 21 $1,504,594.00 cash contribution shall be payable to the School District at the time of issuance of a building permit for each dwelling unit as specified in Exhibit"H-1"and"H-2". C. OWNER and/or DEVELOPER shall contribute 6.1 acres of land identified as Lot 405 on the Preliminary Plat of Subdivision and the total sum of$598,800.00 (hereinafter referred to as the "Park Contribution"). Payment to satisfy the $598,800.00 cash contribution shall be payable to the CITY at the time of issuance of a building permit for each dwelling unit as specified in Exhibit"H-1"and"H-2". 22. CREATION OF HOMEOWNER'S ASSOCIATION AND DORMANT SPECIAL SERVICE AREA. OWNER and/or DEVELOPER shall create a Homeowner's Association that will be responsible for maintaining all common areas of the development, unless the same are accepted by the CITY. The OWNER and/or DEVELOPER shall further provide for the creation of a back-up"dormant" Special Service Area Tax for maintenance of said common areas and for the TERRITORY prior to or concurrent with the recording of the first Final Plat of Subdivision for the development. 23. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The CITY agrees to issue within fifteen (15)business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. 22 The CITY agrees to issue within fifteen (15) business days after receipt of application to the CITY Building Department certificates of occupancy or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not be obligated to issue a certificate of occupancy for any residential unit constructed within the TERRITORY until the unit for which a certificate of occupancy is being sought is connected to and capable of being served by sanitary sewers, storm sewers,water mains,public streets,natural gas lines and electric utilities, and is in conformance with the CITY'S Building Codes. The above notwithstanding,the CITY agrees to issue conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks, driveways, and required landscaping. The developer of the lot shall post a financial guarantee to cover the costs of said improvements not covered under the Surety submitted as provided in this Agreement. The CITY shall not limit the number of certificates of occupancy or the time of issuance of Certificates of occupancy during the term of this Agreement. No occupancy permits will be issued until the OWNER/DEVELOPER and/or BUILDER provides to the CITY evidence the the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units being permitted are operational. Furthermore,the OWNER/DEVELOPER agrees to mark or bag fire hydrants that are not in service within thirty (30)days of construction. Notwithstanding anything herein to the contrary,the CITY agrees that the Models or Temporary Trailers within the TERRITORY shall not need an occupancy permit. 24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any 23 reasonable assistance requested by the OWNER and/or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY, including, but not limited to those required from the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency,the Army Corps of Engineers and the Federal Emergency Management Agency. The CITY further agrees to reasonably cooperate with the OWNER and/or DEVELOPER in obtaining all other permits and approvals required by the County of Kendall and other governmental units in connection with the contemplated development of the TERRITORY. 25. GOVERNING LAW; ENFORCEMENT; REMEDIES A. The laws of the State of Illinois shall govern the validity,performance and enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure the specific performance of this Agreement, or to secure any and all other remedies available at law or in equity in connection with,the covenants, agreements, conditions, and obligations contained herein. Venue for any action is in the Circuit court of Kendall County, Illinois. B. In the event of a material breach of this Agreement, the Parties agree that the defaulting party shall have thirty(30)days after notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein;provided,however, any breach by the OWNER and/or DEVELOPER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or 30 day delay. C. In the event the performance of any covenant to be performed hereunder 24 by either OWNER and/or DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include,but not be limited to, acts of God; inclement weather conditions; strikes;material shortages; lockouts;the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case)the time for such performance shall be extended by the amount of time of such delay. D. The failure of the Parties to insist upon the strict and prompt performance of the terms,covenants,agreements, and conditions herein contained, or any of them,upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant,agreement, or condition,but the same shall continue in full force and effect. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreements and negotiations between the parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the parties relative to the subject matter hereof, and there are no promises, agreements,conditions, or understandings,either oral or written, express or implied,between or among them, other than are herein set forth. B. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the Parties, pursuant to applicable provisions of the Municipal Code and Illinois Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the TERRITORY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the TERRITORY not affected by such 25 Amendment. Any modification to the Preliminary Plat of Subdivision shall not require an amendment to this Agreement. In the event the Parties desire to amend this Agreement, the signature of all parties owning property within the TERRITORY shall not be required to effect such Agreement. Rather, only those property owners owning property within that portion of the TERRITORY actually and directly affected by the proposed Amendment shall be required to execute any Amendment hereto. 27. SUCCESSORS AND ASSIGNS. This Agreement shall constitute a covenant running with the land and be binding upon and inure to the benefit of the Parties hereto,their successors in interest, assignees, lessees. Upon the conveyance or assignment by OWNER, DEVELOPER AND/OR BUILDER of its interest in the TERRITORY to any successor, assignee, or nominee, OWNER, DEVELOPER AND/OR BUILDER shall be released from any and all further liability or responsibility under this Agreement, and the CITY shall thereafter look only to the successor, assignee, or nominee of OWNER,DEVELOPER AND/OR BUILDER concerning the performance of such duties and obligations of OWNER,DEVELOPER AND/OR BUILDER required herein. 28. SEVERABILITY. Should any provision of this Agreement, or application thereof to any party or circumstance, be held invalid and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision,then all remaining provisions shall remain in full force and effect. 29. TIME. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto. 30. NOTICE. All notices, elections, and other communications between the Parties 26 hereto shall be in writing and shall be mailed by certified mail,return receipt requested,postage prepaid, or delivered personally,to the parties at the following addresses, or at such other address as the parties may,by notice, designate: If to the CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,IL 60560 With a copy to: United City of Yorkville Attn: City Attorney 800 Game Farm Road Yorkville,IL 60560 If to the OWNER and/or DEVELOPER: Bristol Ridge,LLC Attn: James Menard 800 Roosevelt Road Building A, Suite 100 Glen Ellyn,IL 60137 With a copy to: Rathje&Woodward,LLC Kevin M. Carrara,Esq. 300 East Roosevelt Road, Suite 300 Wheaton,IL 60187 Notices shall be deemed received on the third business day following deposit in the U.S.Mail, if given by certified mail as aforesaid,and upon receipt, if personally delivered. 31. CORPORATE AUTHORITIES. The parties acknowledge and agree that the individuals who are members of the group constitute the Corporate Authorities of the CITY are 27 entering into this Agreement in their capacities as members of such group and shall have no personal liability in their individual capacities. 32. AGREEMENT. This Agreement or any Exhibits or attachments hereto,may be amended from time to time in writing with the consent of the parties hereto,pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of the TERRITORY as provisions applying exclusively thereto,without the consent of the owner of portions of the TERRITORY not effected by such amendment. 33. ANNEXATION CHALLENGE If for any reason and at anytime, the annexation of the TERRITORY to the CITY or the terms of this Agreement is legally challenged by any person or entity by an action at law or in equity, CITY shall: (1)cooperate with the OWNER and DEVELOPER in the vigorous defense of such action through all proceedings, including appeals; and (2)take such other actions as may be then or thereafter possible pursuant to the Illinois Municipal Code to annex the TERRITOTY and/or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and/or effected under the terms of this Agreement. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE TO FOLLOW. 28 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE, an Illinois municipal corporation: BY: Mayor ATTEST: City Clerk OWNER AND/OR DEVELOPER: BRISTOL RIDGE,LLC BY: James Menard,Manager 29 SCHEDULE OF EXHIBITS EXHIBIT A: LEGAL DESCRIPTION EXHIBIT B: PLAT OF ANNEXATIOJN EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION EXHIBIT E: PLAT OF ZONING EXHIBIT F: LETTER OF CREDIT EXHIBIT G: RECAPTURE AGREEMENT EXHIBIT H-1: SCHEDULE OF FEES-SINGLE FAMILY DETACHED UNITS EXHIBIT H-2: SCHEDULE OF FEES-DUPLEX &MULTI-FAMILY UNITS 30 EXHIBIT A: LEGAL DESCRIPTION 31 EXHIBIT B: PLAT OF ANNEXATIOJN 32 EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION 34 EXHIBIT E: PLAT OF ZONING 35 EXHIBIT F: LETTER OF CREDIT 36 EXHIBIT G RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement"), is made and entered as of the day of 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and ("DEVELOPER"). REC--- ITLS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated 2006 ("Annexation Agreement")pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision('Recapture Items")which will provide benefit to other properties ('Benefited Properties") from the OWNERs of the Benefited Properties('Benefited OWNERS"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERs, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: I. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A"attached hereto ('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item("Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". There are a total of (___)Benefited Parcels as identified in the Recapture Schedule. EXHIBIT G 3. RECAPTURE COSTS. The Recapture Item(s)which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent(6%)per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited ON of a Benefited Parcel,or any portion thereof,his successors and assigns,the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative, annexes and/or subdivides a Benefited Parcel,or any portion thereof,or subdivides the Benefited Parcel from a larger parcel of land,or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items,whichever shall first occur,the CITY shall collect from such Benefited OWNER, or its agent or representative,the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision(whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs,collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER,or such other person or entity as DEVELOPER may direct by written notice to the CITY,within thirty (30)days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERS as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers,employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections,and DEVELOPER agrees to hold the CITY, its officers, employees and agents,harmless from the failure to collect said fees. In any event,however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit,the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and EXHIBIT G free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement,DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty(20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement,this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs,plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Bindine Effect: Except as otherwise herein provided,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action,mandamus, or other proceeding in force and compel performance of this Agreement. EXHIBIT G D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense,with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement,unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S.mail addressed to the recipient within twenty-four hours following the telefacsimile transmission,or on the date when deposited in the U.S.Mail,registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville,I160560 Fax: (630) 553-4350 with a copy to: John Wyeth,Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 If to OWNER F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement,excepting the Annexation Agreement,regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragr�anh Headin>;s: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. EXHIBIT G I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. EXHIBIT G IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By' Mayor Title: President Attest: Dated: CITY Clerk EXHIBIT H-1 Bristol Ridge-Single Family Unit Fee Schedule Name of Fee Amount Time of Payment 1 School District Transition Fee $1,500 per unit' Paid to School District Office prior to application for building permit At time of building permit,paid at City Hall with separate check made ou 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit to YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee $3,523 per acre Paid for entire development,at time of sanitary district $650+$.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit Building Permit 7 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works(Development Impact Fee) $450 per unit` Building Permit 11 Police(Development Impact Fee) $150 per unit Building Permit 1 1C Municipal Building(Development Impact Fee) $150 per unit* Building Permit 11d Library(Development Impact Fee) $150 per unit* Building Permit 11e Parks and Rec(Development Impact Fee) N/A* 11 Engineering(Development Impact Fee) WA* Bristol Kendall Fire District(Development 11g Impact Fee) $250 per unit* Building Permit $1653 per single family 11 Parks Land Cash Fee detached unit Building Permit $1040 per duplex unit Building Permit $968 per townhouse unit Building Permit $4154 per single family 13 School Land Cash Fee detached unit Building Permit $2613 per duplex unit Building Permit unit Building Permit 1A Road Contribution Fund WA* —V County Road Fee N/A* IC Weather Warning Siren N/A* 1.75%of Approved Engineer's Estimate of Cost of Land 1 Improvements Administration Review Fee Final Plat LEngineer's ed ate of 18 Eng ineering Review Fee Final Plat *Fee rate as of April 21,1994 EXHIBIT H-2 Bristol Ridge.Duplex and Multi Family Unit Fee Schedule Name of Fee Amount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit,paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district 4 Yorkville Bristol Sanitary District Infrastructure Fee $3,523 per acre Paid for entire development,at time of sanitary district $650+$.0.20 per 5 Building Permit Fee square foot Building Permit Water Connection Fee $3,700 per unit Building Permit [19 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit City Sewer Connection Fee $2,000 per unit Building Permit Water and Sewer Inspection Fee $25 per unit Building PermR Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11 a Public Works(Development Impact Fee) $700 per unit Building Permit 11 b Police(Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as$5,509 per unit if paid at time of see'time of permit,or$3,286 per unit if paid at time of final plat for all units in the entirety 11 c Municipal Building(Development Impact Fee) payment' of the annexed development 11c Library(Development Impact Fee) $500 per unit Building Permit 11e Parks and Rec(Development Impact Fee) $50 per unit Building Permit 11 Engineering(Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11g Fee) $1,000 per unit Building Permit 1 per single 12 Parks Land Cash Fee family detached Building Permit $1040 per duplex unit Building Permit per townhouse unit Building Permit 41 per sing e 13 School Land Cash Fee family detached Building Permit $26-1 per up ex unit Building Permit 4 per townhouse unit Building Permit Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 12 Parks Land Cash Fee per acre agreement and land/cash donations negotiated Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit Building Permit $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75%of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Im rovements Final Plat 1.25%of Approved Engineer's Estimate of Cost of Land 16 Engineering Review Fee Im rovements Final Plat [-- r7t C� l `A C/ry Reviewed By: City Council Legal ❑ Finance ❑ Engineer ❑ -� Agenda Item Tracking Number y City Administrator ❑ PC 2006-68/69/70 Consultant ❑ �`E Human Resources ❑ City Council Agenda Item Summary Memo Title: Bristol Bay Units 11, 12 and 13 —Final Plat City Council/COW/Committee Agenda Date: October 17,2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: clr o United City of Yorkville Memo ! A 800 Game Farm Road- EST. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: Date: October 10, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: Bristol Bay Units 11, 12 and 13 Request: Final Plat Background: 1. Plan Commission is scheduled to review October 11, 2006 Staff Comments: The Final Plats for Bristol Bay Units 11, 12 and 13 substantially conform to the approved Preliminary Plans. Refer to the following attached staff reports: • Final Landscape Plan comments prepared by Laura Haake September 26, 2006 • Unit 11 Final Plat comments prepared by EEI October 5,2006 • Unit 12 Final Plat comments prepared by EEI October 5,2006 • Unit 13 Final Plat comments prepared by EEI October 5,2006 Recommendation: Approve Final Plat subject to all staff comments. o United City of Yorkville Memo : t% 800 Game Farm Road 1636 Yorkville, Illinois 60560 Telephone: 630-553-8545 l .�� py Fax: 630-553-3436 LE Date: September 26, 2006 To: Travis Miller From: Laura Haake CC: Joe Wywrot,Anna Kurtzman, Ben Debellis Subject: Bristol Bay Phase III Final Landscape Plan I have reviewed the Final Landscape Plans with revisions dated September 12, 2006 by SEC Planning Consultants and have prepared the following comments: Final Landscape Plan Review: 1. All street trees must be a minimum of 20 feet away from all street lights, fire hydrants, etc. Adjust the site design according to these standards. 2. Light pole locations need to be shown in the condominium parking lot. The landscape plans cannot be approved until the locations of all poles are shown so that no conflicts are found between tree and light locations. 52 Wheeler Road• Sugar Grove,IL 60664 TEL:630/466-9560 it, FAX: 630/466-9380 www.eeiweb.com Engineering Enterprises, Ina. October 5, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Bay Subdivision, Phase 3, (Centex Homes) Bristol Bay P.U.D. Unit 11—Final Plat Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the Final Plat of Subdivision for Bristol Bay P.U.D. Unit 11 prepared by Smith Engineering Consultants, Inc. consisting of 2 sheets and dated September 20, 2006. We offer the following comments: FINAL PLAT OF SUBDIVISION 1. The"Note"text block at the lower left of page of sheet 2 should be edited to contain only those items which relate to recorded plat of subdivision. 2. Future garage units were shown on the Preliminary Plat and Preliminary Engineering. If the intent is to provide garages in the future, these areas should be shown and dimensioned on this plat. These areas should also be excluded from the blanket easement area. (Sheet 1) 3. The Special Service Area Statement should be revised to be of the same language for said certificate developed by the United City of Yorkville. Consulting Engineers Specializing In Civil Engineering and Land Surveying Mr.Joe Wywrot October 5,2006 Page 2 of 2 We recommend approval of this plat subject to the resolution of the comments listed above. If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Project Manager pc: John Crois, Interim City Administrator Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Charlie Wunder, Urban Planner Lynsey Kawski, Administrative Assistant KJB/PJH, SEC @ 630-553-7646 Mike Costello, CENTEX Homes Joe Marx, CENTEX Homes JTW/JWF, EEI G:\Public\Yorkville\2004\YO0405 Centex Flomes-Galena Road\dots\lwywrot25-UnitI IFinalPlat.doc 52 Wheeler Road• Sugar Grove,IL 60554 TEL 630/466-9350 ftf FAX: 630/466-9380 www.eekveb.com Engineering Enterprises, Inc. October 5, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Bay Subdivision, Phase 3, (Centex Homes) Bristol Bay P.U.D. Unit 12—Final Plat Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the Final Plat of Subdivision for Bristol Bay P.U.D. Unit 12 prepared by Smith Engineering Consultants, Inc. consisting of 2 sheets and dated September 20, 2006. We offer the following comments: FINAL PLAT OF SUBDIVISION 1. The lots within this unit should be consecutively numbered. (Sheet 1) The Developer has agreed to submit an overall lot numbering scheme to verify that lot numbers are not being duplicated. 2. Many of the building lines within the lots of this unit are not dimensioned. Due to the complexity and the labeling congestion we recommend adding a Typical Lot Detail to this plat. (Sheet 1) 3. The "Note"text block at the lower left of page of Sheet 2 should be edited to contain only those items which relate to the recorded plat of subdivision. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr.Joe V1lywrot October 5,2006 Page 2 of 2 4. The Special Service Area Statement should be changed to be of the same language for said certificate developed by the United City of Yorkville. (Sheet 2) We recommend approval of this plat subject to the resolution of the review comments listed above. If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William Dunn, P.E. Senior Project Manager �� Mark G. Scheller, P.L.S. Project Manager pc: John Crois, Interim City Administrator Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Charlie Wunder, Urban Planner Lynsey Kawski, Administrative Assistant KJB/PJH, SEC @ 630-553-7646 Mike Costello, CENTEX Homes Joe Marx, CENTEX Homes JTW/JWF, EEI G:\Public\Yorkville\2004\YO0405 Centex Flomes-Galena Road\docs\Iwywrot26-Unitl2FinalPlat.doc 52 Wheeler Road• Sugar Grove,IL 60554 TEL.630/466-9350 it FAX: 630/466-9380 Mrww.eeiweb.com Engineering Enterprises, Ina. October 5, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Bay Subdivision, Phase 3,(Centex Homes) Bristol Bay P.U.D. Unit 13—Final Plat Review United City of Yorkville, Kendall County, lllino/s Dear Mr. Wywrot: We have reviewed the Final Plat of Subdivision for Bristol Bay P.U.D. Unit 13 prepared by Smith Engineering Consultants, Inc. consisting of 4 sheets and dated September 26, 2006. We offer the following comments: FINAL PLAT OF SUBDIVISION 1. Easements should be widened for planned or existing underground piping shown on the Engineering plans. Easements should be widened along the westerly half of the southerly line of Lot 1993 and the southerly line of Lot 2007. Please review the engineering plans and actual as-built locations of the existing underground pipes and structures and edit appropriately.(Sheets 1,2 and 3) 2. The data stated on Lines 54 through 57 of the legal description should be the same as the text data shown on the graphical portion of the plat. Please review and edit appropriately. (Sheet 1) 3. The document number should be added for the 30' wide Yorkville-Bristol Sanitary District Utility Easement. (Sheet 3) 4. The easement between lots 1982 and 1981 should be dimensioned. 5. The Special Service Area Statement should be changed to be of the same language as said certificate developed by the United City of Yorkville. (Sheet 4) Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr.Joe wywrot October 5,2006 Page 2 of 2 6. The °Note" text block at the lower left of page of sheet 4 should be edited to contain only those items which relate to recorded plat of subdivision. 7. The lots within this unit should be consecutively numbered. The developer has agreed to provide an overall numbering scheme in order to verify that lot numbers have not been repeated. 8. The lot numbers in the plat do not match those found in the engineering plans. Lot numbering should be reconciled on all documents bearing these lot numbers. Our review of this plat will continue upon receipt of the revised plat. If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Project Manager PC: John Crois, Interim City Administrator Bart Olson,Assistant City Administrator Travis Miller, Community Development Director Charlie Wunder, Urban Planner- Lynsey Kawski,Administrative Assistant KJB/PJH, SEC @ 630-553-7646 Mike Costello, CENTEX Homes Joe Marx, CENTEX Homes JTW/JWF, EEI G'',Publio\Yorkville\2004\YO0405 Centex Homes.Galena Road'.does\hv)-%vrot27-Uni1 l3FinalPlat.doc Eb C/ry. Reviewed By: City Council ► .% Legal ❑ Finance ❑ EST. '1 __...._ 1836 Engineer ❑ � City Administrator ❑ Agenda Item Tracking Number PC 2006-66 �• 2p Consultant ❑ SCE Human Resources ❑ City Council Agenda Item Summary Memo Title: Nelson Subdivision- 1 '/2 Mile Review City Council/COW/Committee Agenda Date: October 17, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ciT o United City of Yorkville Memo J ► 0% 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 ` -- Telephone: 630-553-8545 Fax: 630-553-3436 2 Date: October 10,2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC2006-66 Glen Nelson Subdivision—Mile and Half Review General Comments: - The property consists of 13.15 acres and is currently zoned Kendall County A-1 Comprehensive Plan Recommendation: - The Comprehensive Plan Land Use Plan for the property recommends Estate Neighborhood Staff Comments: 1. The request for R-1 zoning is consistent with the City's Comprehensive Plan recommendation of Estate Neighborhood. 2. Recommend requiring a permanent access easement on the final plat per Rebecca Houseman October 3, 2006 report for proposed 70' wide Glen Nelson Drive (attached) 3. Recommend requiring the minimum radii and a turn around as described per Joe Wywrot's October 5,2006 report(attached) 1 clT o United City of Yorkville Memo 800 Game Farm Road EST � 836 Yorkville, Illinois 60560 Z Telephone: 630-553-4350 off - �o`= Fax: 630-553-7575 4E Date: October 3, 2006 To: Travis Miller From: Rebecca Houseman CC: William Dettmer, CBO; Anna B. Kurtzman,AICP; Lynsey Johnson Kawski Subject: Zoning Review of Preliminary Plat and Final Plat of the Glen Nelson Subdivision Dated September 13, 2006 Staff has reviewed the preliminary and final plats of the Glen Nelson Subdivision. Lots 1 and 2 are to be zoned R-1 in Kendall County. Lot 3 is zoned A-1 in Kendall County. Staff has requested to review the plats to ensure compliance with the City of Yorkville's zoning code for possible future annexation. The following review is in accordance with the City of Yorkville R- 1 zoning district: 1. The subdivision ordinance requires that all residential lots front or abut a public street (11-4-9F). Lot 2 does not meet this requirement. Frontage onto a private road is acceptable provided there is a permanent access easement for the property owners onto the proposed Glen Nelson Drive. 2. The building setback line on lot 2 must extend across the lots entire frontage of the lot (along the east-west property line between lots 1 and 2 and lots 2 and 3). Please let me know if you have any questions or require additional information. rsh/abk G:\Documents\Rebecca\Yorkville\Residentia]Plan Review\Nelson Review\Glen Nelson Prelim&Final 10.03.06.doc crr c United City of Yorkville Memo J - ` '" 800 Game Farm Road M -1 _ ,y 1836 Yorkville, Illinois 60560 - ;- Telephone: 630-553-8545 Fax: 630-553-3436 ALE Date: October 5, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot,City Engineer CC: Travis Miller, Community Development Director Lynsey Kawski,Administrative Assistant Subject: Nelson Property— 1.5 Mile Review I have reviewed the proposed final plat of subdivision for the referenced development and have the following comments: • Twenty-five foot corner cuts or radii should be provided where the private road intersects River Road. • A turn-around should be provided at the north end of the private road. While a full cul-de-sac may not be necessary, it should be wide enough for garbage trucks and delivery vehicles to turn around. If you have any questions regarding this matter,please see me. Etc CO. Reviewed By: ♦ City Council S� ► G� Legal ❑ Finance ❑ Esr �..__ im Engineer ❑ Agenda Item Tracking Number co City Administrator ❑ PC 2006-74 � - a0 Consultant ❑ OWN SCE �V�♦ Human Resources ❑ City Council Agenda Item Summary Memo Title: XPAC —Final Plat and Easement Vacation City Council/COW/Committee Agenda Date: October 17, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: CIT c United City of Yorkville Memo 4 _ -1% 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Z1. p Fax: 630-553-3436 LCE Date: October 10, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: XPAC—Preliminary and Final Plat General Comments: - The Plan Commission is scheduled to review and consider a recommendation on October 11, 2006. - The proposed plat consolidates two lots into one and eliminates a utility easement that was established along the property line when the subdivision was created. - The re-platting allows the petitioner to construct a single building on the property that otherwise would cross the property line and require setback variances. Staff recommended re-platting to allow for a`cleaner' situation in terms of property ownership. - The petitioner has notified all common utility companies of the elimination of the utility easement—currently no utilities are located within the easement and it will be unnecessary once the lot boundary is eliminated. - Attached for review: o Joe Wywrot comments September 8,2006 1 o United City of Yorkville Memo 800 Game Farm Road ESL 1836 Yorkville, Illinois 60560 ^� Telephone: 630-553-8545 Fax: 630-553-3436 2 Date: September 8,2006 To: Charles Wunder,Urban Planner From: Joe Wywrot,City Engineer CC: John Wyeth, City Attorney Lynsey Kawski,Administrative Assistant Subject: X-PAC Resubdivision No. 1 I have reviewed the proposed plat of resubdivision, dated August 7,2006 and received August 29, 2006, and have the following comments: • The existing easement along the west property line is occupied by a private storm sewer that drains Lots 2,3, and 4 of the original X-PAC Subdivision. An additional 10-foot wide public utility and drainage easement should be dedicated along the eastern edge of the existing easement to provide for future utilities. The existing easement along the west property line may be vacated if the owner so wishes. • The"watermain easement"shown on the east edge of existing Lot 3 should be designated as a public utility and drainage easement. The watermain easement language should be replaced with Yorkville's standard language for a public utility and drainage easement. • Regarding the vacation of easements,the original X-PAC plat of subdivision dedicated those easements to Yorkville, Commonwealth Edison,NiCor, SBC Ameritech, and Jones Intercable. Should those parties also sign this document? John Wyeth should comment on this issue. If you have any questions regarding these comments,please see me. fz is C/p y Reviewed By: City Council J t _ Legal ❑ Finance ❑ Es7 _... lam Engineer ❑ ~` City Administrator ❑ Agenda Item Tracking Number �O Consultant ❑ PC 2006-36 A Human Resources LE ❑ City Council Agenda Item Summary Memo Title: Aspen Ridge—Final Plat City Council/COW/Committee Agenda Date: October 17, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: eor Q United City of Yorkville Memo Y 0 800 Game Farm Road ES7 w Isis Yorkville, Illinois 60560 - - Telephone: 630-553-8545 Fax: 630-553-3436 Date: October 10, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC2006-36 Aspen Ridge—Final Plat General Comments: - The Final Plat is consistent with the approved Preliminary Plan. - The Plan Commission is scheduled to review and consider a recommendation October 11,2006 - Also attached for review: • EEI comments prepared September 27,2006 • Laura Haake comments prepared August 2,2006 1 52 Wheeler Road•Sugar Grove, IL 60554 TEL: 630 1466-9350 (t, FAX:630/466-9360 www.eeiweb.aom Engineering Enterprises, Inc. September 27, 2006 Mr. Joseph A.Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Aspen Ridge Estates Final Engineering and Final Plat United City of Yorkville, Kendall County, IL Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced Final Engineering submittal: Final Engineering Plans prepared by Smith Engineering Consultants, Inc. consisting of fifty-eight(58) sheets dated August 31, 2006. Engineer's Opinion of Probable Construction Costs prepared by Smith Engineering Consultants, Inc. dated September 5, 2006. ➢ Final Plat of Subdivision — Aspen Ridge Estates prepared by Smith Engineering Consultants, Inc. consisting of four(4) sheets dated August 31, 2006. Response letter prepared by Smith Engineering dated September 5, 2006. Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. Our recommendations and comments are as follows: Consulting Engineers Specializing in Civil Engineering and Land Surveying ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS EOPCC 1. The Engineer's Opinion of Probable Cost prepared by Smith Engineering Consultants, Inc. dated September 5, 2006 in the total amount of $6,358,370.75 ($29,301.25 per lot) appears to be appropriate and includes site development costs and public improvement costs. If acceptable to the City we recommend that a Letter of Credit be prepared in the amount of 110% of the EOPCC to cover both site development and public improvements. GENERAL 2. Permits or Sign-offs will be required from the following agencies: a. (IDNR) Consultation Agency Action Report regarding endangered/threatened species or natural areas. RECEIVED PREVIOUSLY b. (IHPA) regarding preservation of cultural resources. RECEIVED PREVIOUSLY c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. d. (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. e. (IEPA) Division of Public Water Supplies regarding water supply and distribution. f. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. RECEIVED NPDES Permit #: ILR10D577 dated August 22, 2005 g. Kendall County Highway Department regarding the Fox Road improvements that are associated with the proposed development. FINAL ENGINEERING 3. All comments from our previous review have been addressed. STORMWATER MANAGEMENT 4. All comments from previous reviews have been adequately addressed. FINAL PLAT OF SUBDIVISION 5. If the developer intends to participate in the "buy down" SSA for infrastructure improvements, a Special Service Area statement should be placed on the plat. 6. All other comments have been adequately addressed. We recommend approval of the final engineering plans as submitted and recommend the approval of site development permit based on the Final Engineering, Final Plat and EOPCC, as presented. If you have any questions regarding the above or require additional information, please feel free to contact our office. G:'fPubliclYorkville12004`:YO0441 Aspen Ridge Estates(Dresden}vda;sS ly,yWrotFinalEngB PIat07.doc Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Project Manager pc: Mr. Bart Olson, Assistant City Administrator Mr. Travis Miller, Community Development Director Charlie Wunder, Urban Planner Ms. Lynsey Kawski, Administrative Assistant Mr. Peter Huinker, P.E., SEC Mr. Paul Dresden c/o Marvin DeLahr PJH/DWS/GEK, SEC JTW/JWF, EEI G:1Pub1ic\Yorkvi11e\20041Y00441 Aspen Ridge Estates(Dresden)\docsMwywrotFina[Eng&PlatD7.doc C1r o United City of Yorkville Memo : '" 800 Game Farm Road ,EV. _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LLE Date: August 2,2006 To: Lynsey Johnson From: Laura Haake CC: Travis Miller,Joe Wywrot,Anna Kurtzman,John Whitehouse Subject: Aspen Ridge Estates Revised Final Landscape Plan Upon review of the Landscape Plan for Aspen Ridge revised July 5,2006 the plan meets all Landscape Ordinance requirements and the Ives/Ryan Group has addressed comments that are relevant to their work in the revisions. FbC4 /a CO.� Reviewed By: � City Council JZ �� Legal ❑ Finance ❑ Esr. 1836 Engineer ❑ Agenda Item Tracking Number .4 City Administrator ❑ 09 "gyp Consultant ❑ ILL E City Council Agenda Item Summary Memo Title: Matlock—Annexation and Zoning City Council/Committee of the Whole Date: COW 10/17/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF DAVE MATLOCK AND CAROL MATLOCK AND THE UNITED CITY OF YORKVILLE This Annexation Agreement(hereinafter"Agreement"), is made and entered into this day of , 2006,by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as: "CITY" and DAVE MATLOCK AND CAROL MATLOCK,herein after referred to collectively as "OWNERS". WITNESSETH WHEREAS, OWNERS own fee simple title to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately 18.8 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNERS to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time. OWNERS propose that the PROPERTY be rezoned as R-2 One Family Residence District as depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit`B". WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNERS and CITY has or will perform all acts and execute all documents required by law to effectuate such annexation; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as 1 required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNERS and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNERS has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified as R-2 One Family Residence District as depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit `B".. B. Contemporaneously with the Annexation of the PROPERTY, the CITY 2 shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNERS agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five (5)years from the date of execution of this Agreement. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or,building codes, the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. 3. ANNEXATION TO SANITARY DISTRICT OWNERS agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the applicable sanitary district indicated on the Facility Plan Area for the applicable sanitary district. 4. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay a School Transition Fee as set out in the applicable City Ordinance at the time of execution of this Agreement as to School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, City Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective subject single-family building permit. Said fees are being paid voluntarily and with the consent of OWNERSS and any DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. The CITY agrees that the amount of fees including,but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and school transition fees to be paid by OWNERS or any DEVELOPER shall consist of the fee enacted at the time of execution of this Agreement for a period five(5)years from the approval of the final plat for the property by the United City of Yorkville. Upon the expiration of the five (5) year period OWNERS and/or any DEVLOPER shall be pay the current fee as enacted by Ordinance by the United City of Yorkville. The OWNERS knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property 3 zoned for business purposes under the terms of this Agreement. B. OWNERS shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances. OWNERS shall subject to the requirements under existing City Ordinances for a period of five (5) years from the date of submittal of any final plat for the PROPERTY. In the event of the expiration of said five (5) year period OWNERS and/or any DEVELOPER shall all school and park land-cash fees or provide land dedication as required under the then existing City Ordinance. C. It is understood and agreed between the parties hereto that the TERRITORY and each Phase and Parcel may continue to be used and occupied (without any change or alteration) for the current farming uses of the existing OWNERS of the TERRITORY and/or as are permitted in the current zoning classifications. D. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owners within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer, the City's portion for the City and Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the City until the property is developed, by reason of a building permit being issued; or upon a Final Plat of Subdivision being recorded for any portion of the subject real property. E. Owners shall not re required by THE UNTIED CITY OF YORKVILLE to hook-on to the city water or Sanitary Sewer System as a result of entering into this annexation Agreement, but may do so upon its desire to obtain those services, when available to the subject property. F. In the event City water and sewer are unavailable at the time Owners desires to develop the subject property, the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of private well and septic systems. In determining the applicability of such a variance for the subject parcel, the City shall consider soil types, density, intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. G. Upon annexation, police protection; 911 service, and library service will be provided by the City at no charge to Owners. H. The City will not require the Owners annex to Yorkville Bristol Sanitary 4 District or other applicable sanitary district, until platting or a building permit seeking to hook up to the City sewer system is sought by Owners. I. The UNITED CITY OF YORKVILLE will provide,through its Engineer or Planner, an initial concept plan, if so desired, to the property owners. City agrees that in consideration of Owners voluntarily entering into this Annexation Agreement, the City at its expense shall pay all of its Consultants, all publication, application, and recording fees for the Annexation and Zoning of the subject property,planning and shall at City expense,prepare an Annexation Plat thereof and all necessary Ordinances in an amount not to exceed $15,000.00. The OWNERS shall be responsible for any planning and/or engineering fees incurred not in excess of$15,000.00. J. The CITY will cooperate with OWNERS in obtaining all necessary governmental approvals including, without limitation, the approval of the Kendall County Department of Highways and/or the Illinois Department of Transportation("IDOT") access permits and right-of-way connections to the TERRITORY or any Parcel or Phase thereof. Subject to the terms of the Agreement, OWNERS shall dedicate to the CITY all necessary on-site right-of-ways, and construct all on-site public right-of-way improvements for the TERRITORY and all roadways as shown on the Site Plan. K. That the OWNERS agrees to comply with the United City of Yorkville Landscape Ordinance and specifically complete the necessary vegetation and tree survey for the PROPERTY pursuant to the aforementioned Ordinance. Furthermore, the OWNERS agrees to cooperate in or cause the removal of vegetation, shrubbery and trees located along the Rob Roy Creek area of the PROPERTY to ensure the maximum viewscape of the commercial development adjoining the PROPERTY. 5. OVERSIZING. In the event OWNERS is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNERS within 30 days of connection by the OWNERS of any other parcel of real property connecting to said improvements, for OWNERS'S costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the OWNERS seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the 5 benefit to the OWNERS and including the service area effected. In the event any said oversizing is required, the CITY and OWNERS agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNERS agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor ownerss of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty(20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNERS of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 6 800 Game Farm Road Yorkville, IL 60560 OWNERS Dave Matlock & Carol Matlock 7375 E. High Point Road Yorkville, IL 60560 OWNERS'S ATTY: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. It is specifically understood and agreed that OWNERS and its successors and assigns shall have the right to sell,transfer, mortgage and assign all or any part of the PROPERTY or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment,building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNERS has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold,transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNERS on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY,Phase or Parcel so sold, transferred or assigned, without limiting the foregoing provisions of this Section. 11. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. 7 If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 11. USE OF PROPERTY FOR FARMINGIONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK OWNERS By: By: David Matlock Carol Matlock Attest: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, IL 60560 630-553-9500 8 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- ORDINANCE ANNEXING THE PROPERTY OF DAVID MATLOCK AND CAROL MATLOCK TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, DAVID MATLOCK AND CAROL MATLOCK, as record owners in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE, have heretofore submitted a Petition for Annexation of said property; and WHEREAS,the annexation of said land have been considered by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to annex the said land described in said Petition for Annexation to THE UNITED CITY OF YORKVILLE; and WHEREAS,the Petitioners are the Owners of Record of said property and no other electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of said property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in 1 accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5/11- 15.1-1 et. seq. WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any municipality; and WHEREAS,the statutes provide that upon property affirmative vote of a majority of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE,Kendall County, Illinois: Section 1: That the property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: See Attached Legal Description Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be,and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,a certified copy of this Ordinance,together with an accurate map of the territory annexed, which map shall be certified as to its correctness. Section 4: That the property described in Exhibit"A"is hereby annexed and zoned R-2 One Family Residence District as depicted in the Plat of Annexation attached hereto and incorporated herein by reference as Exhibit`B". 2 Section 5: That all Ordinances or portion of Ordinances in conflict herewith be,and they are hereby repealed insofar as such conflict exists. Section 6: That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall County, Illinois, as herein provided, this day of , 2006. VALERIE BURD JOSEPH BESCO JASON LESLIE PAUL JAMES JIM BOCK MARTY MUNNS ROSE SPEARS DEAN WOLFER APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this day of , A.D. 20 Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 3 630.553.9500 4 Reviewed By: 2� O City Council J -e� Legal ❑ Finance ❑ MT 1 — im Engineer ❑ City Administrator ❑ Agenda Item Tracking Number PC 2006- l O Consultant ❑ v` Human Resources ❑ ALE City Council Agenda Item Summary Memo Title: Westhaven–PUD Amendment Request City Council/COW/Committee Agenda Date: October 17, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: F I(i 164 Filed for Record in KEHDAIL COUNTYr ILLINOIS PAUL. ANDERSON (-21006 M 10,35 am. ANNEX ORD 115.00 REV—CLB—2/1/06 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Garritano/Brummel Property) THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the 27th day of September, 2005 by and between MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC (collectively, "OWNERS"), PULTE HOME CORPORATION, a Michigan corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the"Parties". CHOI/12439329.4 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit A (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned under the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 Single-Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of attached and detached single-family residences on approximately 254 acres legally described on Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel') and depicted as Neighborhoods 1 through 10 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the "Concept Plan') attached hereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. comprised of 16 pages dated September 2, 2005 (the "Preliminary PUD Plan") attached hereto as Exhibit E, (ii) an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 297 acres legally described on Exhibit B-2(1) and (2) attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12, 13, 14 and 15 on the Concept Plan (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 CHOI/12439329.4 2 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 32 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel") and as depicted as commercial on the Concept Plan. E. MPLIV 20, LLC, the OWNER of the Commercial Parcel intends to sell the Commercial Parcel to a developer of commercial properties (the "COMMERCIAL DEVELOPER') who will develop the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set forth herein. F. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on June 8, 2005 and conducted Public Hearings regarding the Preliminary PUD Plan for the Active Adult Parcel on August 10, 2005 and September 14, 2005. The City Council conducted the public hearing on the Annexation Agreement and Planned Development Agreement on September 13, 2005. G. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. H. The parties intend that this Agreement serve as an Annexation Agreement for the entire SUBJECT PROPERTY and as a Planned Development Agreement for the Age-Restricted Residential Parcel. I. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement and Planned Development Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of CHOI/12439329.4 3 the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. J. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit A for the uses set forth herein, and to further develop the Age-Restricted Parcel as a Planned Development establishing a unique character through the provision of a mix of residential uses within the Age-Restricted Residential Parcel in conformance with the United City of Yorkville Comprehensive Plan as a master planned community. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said SUBJECT PROPERTY. (iv) All of the SUBJECT PROPERTY, except for Neighborhoods 14 and 15, is contiguous to the corporate boundaries of the CITY. After annexation of the balance of the SUBJECT PROPERTY to the CITY, Neighborhoods 14 and 15 will remain separated from the corporate boundaries of the CITY by the Commonwealth Edison Right-of-Way. K. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable CHOI/12439329.4 4 ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. L. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, with the matters contained in this Annexation Agreement and Agreement for Planned Development including, but not limited to the Preliminary PUD Plan for the Age-Restricted Parcel, attached hereto as Exhibit E which shall govern and control the development of the Age Restricted Residential Parcel as a Planned Development and agree that the annexation, and zoning for the SUBJECT PROPERTY and the Preliminary PUD Plan for the Age Restricted Residential Parcel shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. A. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex CH41/12439329.4 5 and rezone the SUBJECT PROPERTY, except for Neighborhoods 14 and 15, under the provisions of the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 Single-Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of attached and detached single-family residences in accordance with the Preliminary PUD Plan attached as Exhibit E and this Annexation Agreement and Planned Development Agreement for approximately 254 acres legally described on Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel"), (ii) an R-2 Single Family Residence District as a community consisting of detached single- family residences on approximately 136 acres depicted as Neighborhoods 11, 12 and 13 on Exhibit l) and legally described on Exhibit B-2(1) attached (the "Southerly Portion of the Conventional Residential Parcel") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 32 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel"), provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. B. As soon as reasonably practicable after Neighborhoods 14 and 15 depicted on Exhibit D and legally described on Exhibit B-2(2) (the "Northerly Portion of the Conventional Residential Parcel") become contiguous with the corporate boundaries of the CITY the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone Neighborhoods 14 and 15 under the provisions of the Zoning Ordinance as an R-2 Single-Family Residence District as a community containing detached single-family residences on approximately 161 acres. CHOI/12439329.4 6 C. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan(Exhibit E). D. The CITY agrees to consider future applications for a special use if required by the Zoning Ordinance of the CITY, for portions of the Commercial Parcel, including applications for uses that are designated special uses within the B-3 zoning classification as of the date of this Agreement. At such time as the locations of any of such uses are determined, OWNER shall apply for special uses therefor and the CITY shall conduct any necessary public hearings therefore, after application is made. 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit F attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Age-Restricted Residential Parcel. There are no modifications or deviations requested form the Conventional Residential Parcel or the Commercial Parcel ("Permitted Variations"). 4. UTILITIES EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels. The utilities and public improvements to be installed on the Age Restricted Residential Parcel are depicted on Exhibit E CHOI/12439329.4 7 attached hereto ("PUD Utilities and Public Improvements"). The CITY shall have the sole responsibility of obtaining any off-site easements for sanitary sewer and for water distribution and responsibility for off-site street related improvements. In the event the CITY cannot obtain the necessary off-site easements for the extension of the watermains, OWNERS and DEVELOPER shall be allowed to extend water mains or sewer from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. The CITY agrees that, at DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire all off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of DEVELOPER. The CITY shall not incur any acquisition cost not approved by DEVELOPER. 5. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. The CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. C. The CITY has constructed and will maintain an operational water storage tower within the vicinity of the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with the IEPA permits therefor. CHOI/12439329.4 8 D. There are no administrative, judicial or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 6. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District("YBSD")treatment facility located at 302 River Road,United City of Yorkville, Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is partially within the Facility Planning Area (the "FPA") of the YBSD and the CITY shall immediately take all actions necessary to cause any portion not presently within the FPA of the YBSD to be included in the FPA of the YBSD. D. The CITY shall cause what is commonly known as the Rob Roy Interceptor Sewer Project to be timely completed and extended from Rob Roy Creek to the SUBJECT PROPERTY by April, 2006 in order to provide sanitary sewer service to the SUBJECT PROPERTY and shall cause what is known as the "Westerly Trunk Line"to be extended to the Westerly boundary of the Southerly portion of the Conventional Residential Parcel by December 1, 2006. E. In order to assist the CITY in funding the cost of extending the Rob Roy Interceptor from Rob Roy Creek to the SUBJECT PROPERTY and through the SUBJECT CHOI/12439329.4 9 PROPERTY to the Commonwealth Edison right of way and in funding the cost of extending the Westerly Trunk Line to the westerly boundary of the Southerly portion of the Conventional Residential Park as provided herein, OWNER and DEVELOPER shall, at the request of the CITY enter into a "Sanitary Sewer Interceptor Funding Agreement" similar to the agreement recently entered into by the CITY, YBSD and several developers for the funding of the cost of building the Rob Roy Interceptor, whereby OWNER and/or DEVELOPER prepay the amounts due to the CITY under the CITY and YSBD Ordinance ($3,250 per acre Infrastructure Participation Fee due to YSBD and $2,000 per unit City Sewer Connection Fee) for the SUBJECT PROPERTY equal to its proportionate share (along with the shares of other benefiting developers) to service the bonds issued to pay for the costs of installing the interceptors referred to in this Section 6.E. F. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential and commercial products to be constructed on the SUBJECT PROPERTY, the CITY shall permit OWNERS and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings as well as dwelling units and commercial buildings constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT CHOU 12439329.4 10 PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. 7. STREETS AND ROADS. A. Public and Private Streets. All streets within the SUBJECT PROPERTY shall be dedicated public streets, except for the streets within the Age Restricted Residential Parcel which shall be private and which shall be owned, maintained, repaired and snowplowed by the Homeowners Association(s), established by DEVELOPER for the Age Restricted Residential Parcel. All utilities within the private streets shall nonetheless be dedicated to the CITY. DEVELOPER and the CITY shall enter into a Traffic Enforcement Agreement authorized under Illinois Statutes whereby the CITY is given authority to enforce municipal traffic regulations on the private streets within the Age Restricted Residential Parcel. The CITY shall not be responsible for damage done to the private streets within the Age Restricted Residential Parcel during repairs and maintenance performed within utility easements. B. Perimeter Roadways. Subject to the applicable governmental laws, ordinances and regulations, those portions of the perimeter roadways to the Age Restricted Residential Parcel as depicted on Exhibit E shall be dedicated, constructed and/or bonded by DEVELOPER as it develops the Age Restricted Residential Parcel. As each of the Commercial Parcel and the Conventional Residential Parcel or any parcel thereof are platted and developed, the access onto Galena Road, Becker Road and Baseline Road and any improvements, required in connection with the access permits therefor shall be contained in the final engineering to be approved simultaneous with the approvals of the Final Plat of Subdivision for the parcels of the SUBJECT PROPERTY containing the accesses and shall be installed by DEVELOPER or OWNER of such parcels. The costs incurred in connection with any parcel shall be credited with the $2,000 per CHOI/12439329.4 11 unit Off-Site Road Fee otherwise payable to the CITY for such parcel and shall further be credited with the $1,000 per unit Kendall County Transportation Fee as to the access improvements installed on Galena Road, only. All other improvements to Galena Road, Beecher Road and Baseline Road required by the CITY shall be installed by the CITY at its own cost. Any improvements required to be installed on Route 47, other than those depicted on Exhibit E shall be installed by the Illinois Department of Transportation 8. SECURITY INSTRUMENTS. A. Posting Security. Each of OWNER and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development within their respective parcels as are required by applicable ordinances of the CITY. The DEVELOPER or OWNER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and CHO1/12439329.4 12 DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNERS and DEVELOPER on their respective parcels as part of a special service area shall require OWNERS and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. B. Acceptance of Underground Improvements and_Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcel and the Commercial Parcel, respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-built plans. C. Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations for such portion secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. CHOI/12439329.4 13 9. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e., park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of Development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 10. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Residential Parcel, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the CHOI/12439329.4 14 SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. CHOI/12439329.4 15 11. BUILDING CODE; BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit G. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. CHOI/12439329.4 16 Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit G attached hereto. B. The CITY shall act upon each application for a building permit for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. OWNERS and/or DEVELOPER shall have the right to submit master building blueprints or plans for the various types and designs and dwellings to be constructed on the SUBJECT PROPERTY. Following the approval of any master building blueprints or building plans, no further submission or approval of building blueprints or plans will be required for the issuance of a building permit for the construction of any building pursuant to an approved master CH01/12439329.4 17 building blueprint or building plan unless the permit application reflects structural deviations or other major deviations from the approved master building blueprint or building plan. D. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY or any Parcel or Phase thereof,provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. E. Subject to the provisions of Section 13 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 12. FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNERS and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall approve any Final Plat of Subdivision for the Age Restricted Parcel or any Phase thereof which substantially conforms with the Preliminary PUD Plan and this Agreement. The CITY, OWNERS and DEVELOPER acknowledge and agree that CHOI/12439329.4 18 (i) the Conventional Residential Parcel and the Commercial Parcel will be Zoned as R-2 Single Family Residence District and as a B-3 Business District, respectively, upon Annexation without reference to the Concept Plan, (ii) the Concept Plan attached as Exhibit D is for illustrative purposes only and does not constitute a preliminary plat for such parcels and (iii) preliminary and final plats of subdivision and final engineering for the Conventional Residential Parcel and the Commercial Parcel or such Phases thereof as OWNER may desire to be developed shall be prepared by OWNER, processed by the CITY and shall be approved if they comply with the applicable Ordinances of the CITY, and this Annexation Agreement. The CITY shall act upon any preliminary plat, final plat and final engineering submitted to it for approval for the SUBJECT PROPERTY or any Phase thereof within a reasonable time of its receipt of such preliminary plat, final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular final plat for that,Phase or Unit being submitted for approval by OWNERS and/or DEVELOPER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 13. FEES AND CHARGES. A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license,tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this CHOI/12439329.4 19 agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit H. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations, but no increased impact fees or new impact fees shall apply to the SUBJECT PROPERTY. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty(30) days after receipt of the notice of the increase of the fees from the CITY. No increase in fees shall be effective against the SUBJECT PROPERTY until thirty (30) days after receipt of notice by OWNERS and DEVELOPER. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or CHO1/12439329.4 20 may prepay for only a certain number (determined by DEVELOPER) of units. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 14. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 15. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit I and Exhibit J to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no school contribution required for the Age-Restricted Residential Parcel except as OWNER and/or DEVELOPER may voluntarily agree to with District 115 in the sole determination of OWNER and/or DEVELOPER and there shall be no other school and park contributions required for the Residential Parcels, except as set forth in Exhibits I and J. There shall be no school or park contributions required or made for the Commercial Parcel. For purposes of making any donations for Parks Department for the Age-Restricted Parcel, the formula utilized by the CITY establishing the amount of the CHOI/12439329.4 21 contribution on the basis of expected population to be generated by a development shall be revised to attribute a population of 1.8 adult persons per dwelling unit in order to arrive at a donation for each dwelling unit within the Age Restricted Residential Parcel. All land/cash donations for Parks from the Age Restricted Residential Parcel shall be used by the CITY solely for facilities that benefit senior citizens. The figure of 1.8 adult persons per dwelling unit shall also be substituted in any other formulas utilized for the CITY for donations based on expected population. 16. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, DEVELOPER shall be entitled to construct, maintain and utilize off-site subdivision identification, marketing and location signs at not more than three (3) locations each for the Age Restricted and Conventional Residential Parcels at any time within the corporate limits of the CITY as DEVELOPER may designate (individually an "Off-site Sign" and collectively the "Off-site Signs") subject to sign permit review and issuance by the CITY. Off-site Signs will not be located on public right-of-way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Off-site Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Off-site Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in Exhibit K attached hereto. 17. MODEL HOMES PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period of the Residential Parcel (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales CHOI/12439329.4 22 trailers within the Residential Parcel staffed with OWNERS' and DEVELOPER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, which may be hereinafter designated by DEVELOPER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by DEVELOPER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed CHOI/12439329.4 23 and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection.to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. DEVELOPER may locate temporary sales and construction trailers upon the Residential Parcel during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of building permits for all units within the Residential Parcel. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. CHOI/12439329.4 24 18. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers shall be removed from each of the Residential Parcel and the Commercial Parcel, respectively, within thirty (30) days after issuance of the last occupancy permit for each such Parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 19. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof within five(5)working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall CHOI/12439329.4 25 not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the SUBJECT PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize CHOI/12439329.4 26 street lights installed by OWNERS and/or DEVELOPER within a given Phase of development on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY. 20. IMPROVEMENTS BENEFITING OTHER PROPERTIES. In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, or in the event any public improvements installed by DEVELOPER or OWNERS benefit property other than this SUBJECT PROPERTY, even if not oversized or deepened, the CITY shall enter into a Recapture Agreement, as defined in Section 24(A) hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of properties benefited by the same. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. 21. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plan. 22. REOUEST FOR ESTABLISHMENT OF SPECIAL SERVICE AREA OR ALTERNATIVE FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS BENEFITING CONVENTIONAL RESIDENTIAL PARCEL. CHOI/12439329.4 27 OWNERS' and/or DEVELOPER may request the CITY to establish a special service area ("SSA") or an alternative funding mechanism involving the issuance of municipal bonds by the CITY to be utilized for funding the installation of on-site and off-site public improvements as may benefit the Conventional Residential Parcel, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements. If the CITY, in the exercise of its reasonable judgment, determines that the request of OWNERS and/or DEVELOPER is consistent with the guidelines of policies of the CITY, CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. The burden of any assessment resulting therefrom is limited to and shall be paid by only those future property owners within the Conventional Residential Parcel and not within the Commercial Parcel or the Age-Restricted Residential Parcel. 23. BANK QUALIFIED DEBT. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000.00) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The parties understand that if the CITY issues debt in an amount greater than $10,000,000 ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. CHOU 12439329.4 28 DEVELOPER agrees that in the event that the CITY agrees to establishment of a Special Service Area and if the bonds issued therefore and the CITY in that same calendar year determines in its sole discretion that it must issue Non-Bank Debt because of the issuance of the Bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the Bonds, including but not limited to additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro-rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its bond issue in proportion to the total amount of special assessment bonds issued in that calendar year. This pro-rata share shall be determined at the end of the calendar year in which the Non-Bank Debt is issued by the CITY. Payment of the share shall be a one time payment and shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non-Bank Bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be as reported by Griffin, Kubik, Stephens & Thompson, Inc. ("GKST"), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the parties. These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled"Market Card." 24. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et. seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the CHOI/12439329.4 29 costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property (`Benefited Properties') not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the SUBJECT PROPERTY. CITY warrants there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the SUBJECT PROPERTY. 25. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction of utility improvements on their respective parcels on the SUBJECT PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval of a final plat of subdivision; or (ii) construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve their respective parcels of the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and CH01/12439329.4 30 water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(A). B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations on the Residential Parcel prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at DEVELOPER'S sole risk. Issuance of building permits by the CITY CHOI/12439329.4 31 pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural uses as interim uses until the relevant portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 26. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit of the Residential Parcel. Further, DEVELOPER agrees to follow the anti-monotony policy of DEVELOPER for single-family detached homes attached hereto as Exhibit N regarding the exterior elevations of the buildings. DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcel, and other obligations as determined at the time of final platting and as referenced in this Agreement. 27. HOMEOWNERS ASSOCIATIONS AND DORMANT SPECIAL SERVICE AREAS MSSA). A. Homeowners Associations. DEVELOPER shall establish through separate declarations of covenants, conditions and restrictions for each of the Conventional Residential Parcel and the Age-Restricted Residential Parcel, a Homeowner's Association ("Association") of all lot owners within each of the Conventional Residential Parcel and the Age-Restricted Residential Parcel and a mandatory membership of all lot owners in the Association for each of CHOI/12439329.4 32 the Residential Parcels. The Associations shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within each of the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association for each of the Residential Parcels will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within such Residential Parcel and for the yards and buildings on the private lots on which townhomes are constructed. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of duplex units on the duplex lots and shall utilize each Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities for the PUD Age-Restricted Residential Parcel are depicted on Exhibit M attached hereto. B. Dormant Special Service Areas. DEVELOPER agrees to the CITY enacting at the time of final plat approvals a separate Dormant Special Service Area (DSSA) for each of the Conventional Residential Parcel and the Age-Restricted Residential Parcel to act as a back up in the event that any Homeowner's Association within a Residential Parcel fails to maintain the private common areas, detention ponds,perimeter landscaping features, and entrance signage. CHOI/12439329.4 33 28. ON-SITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS or DEVELOPER, of each such Parcel as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNERS and/or DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon. OWNERS and/or DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and/or DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and/or DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The costs of burying any CH01/12439329.4 34 existing overhead utility lines which are on the Residential Parcel or the Commercial Parcel shall be paid by OWNERS and/or DEVELOPER of each such Parcel, as the case may be. The costs of burying any other existing overhead utility lines shall be paid by the CITY. 29. CURB CUTS FOR COMMERCIAL PARCEL. The CITY agrees to cooperate with OWNERS in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of one (1) full curb cut on Galena Road and two (2) curb cuts (one full and one right and right-out) on Route 47 for the Commercial Parcel. The location of the curb cuts will be determined by OWNERS and/or DEVELOPER, subject to the approval of the CITY and any other governmental agencies with jurisdiction. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 32. ECONOMIC INCENTIVE AGREEMENT. At the request of OWNER and/or DEVELOPER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8/11/20 and shall enter at all ordinances and execute all other agreements in connection therewith which may be necessary to reimburse OWNER/DEVELOPER or its assigns for the design and installation of those public improvements (the "Commercial Project CHOI/12439329.4 35 Improvements") within or abutting the Commercial Parcel which (i) are directly attributable to the Commercial Parcel and (ii) do not qualify to be funded by the special service area established for the Conventional Residential Parcel under the provisions of paragraph 22 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: (i) The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNER/DEVELOPER or its assigns shall be reimbursed shall include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed an amount to be reasonably agreed upon between the OWNER/DEVELOPER and the CITY at the time the first final plat of subdivision for the Commercial Parcel is submitted to the CITY for approval. (ii) The amount for which OWNER/DEVELOPER and their assigns may be reimbursed (the "Reimbursement Amount") shall consist of the Project Improvement Costs plus interest at the rate of 5% per annum from the date any Project Improvement Cost is expended (as evidenced by contractor's sworn statements and waivers) to the date of reimbursement. (iii) The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store operating on the Commercial Property. The termination date after which time the CITY shall no CHOI/12439329.4 36 longer be required to make any reimbursement payments to OWNERIDEVELOPER or its assigns shall be 15 years after the date of this Annexation Agreement provided that OWNER/DEVELOPER or its assigns must start construction (i.e. obtaining development permits and grading the Commercial Site) within two years after the date of this Annexation Agreement. If event construction does not start within said two year period, the termination date shall be accelerated by one day for each day the commencement date is delayed after such two year period. (iv) During the reimbursement period the CITY shall pay to OWNER/DEVELOPER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcel and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (a) OWNER/DEVELOPER has been fully reimbursed for the Reimbursement Amount (including interest); (b)the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER/DEVELOPER or their assigns. 33. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, CHOI/12439329.4 37 the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, Kendall County Highway Department, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. DEVELOPER may proceed with grading and installation of public improvements after CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ("IDOT") or Kendall County Highway Department, so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT or Kendall County Highway Department permit(s) have not yet been issued. 34. ADDRESSES. Within fourteen (14) days after the final plat of subdivision for any phase of the Residential Parcel is approved, CITY will provide DEVELOPER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 35. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the SUBJECT PROPERTY and the CITY as to such portion or Phase without any action or CH01/12439329.4 38 approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 36. "RIGHT TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights,noise and unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 37. RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall not be required to perform any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcel or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNERS' rights, title and interest in the Commercial Parcel or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNERS hereunder as to such portion shall be CHOI/12439329.4 39 performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcel or the Commercial Parcel is transferred to DEVELOPER or the COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 38. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue an agricultural use upon all or any part of the SUBJECT PROPERTY until each such part is developed pursuant to this Agreement. 39. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The obligations of OWNERS hereunder with respect to the Commercial Parcel shall be CH01/12439329.4 40 binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcel. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcel who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid, addressed as follows: If to OWNER: MPLIV 10, LLC c/o Marquette Land Investments, L.L.C. 40W960 Stone Ridge Lane Elgin, Illinois 60123 Attn: Darren Sloniger Tele: (630) 263-8007 Fax No.: (847)464-1581 CHOI/12439329.4 41 and MPLIV 20, LLC c/o Marquette Land Investments, L.L.C. 40W960 Stone Ridge Lane Elgin, Illinois 60123 Attn: Darren Sloniger Tele: (630)263-8007 Fax No.: (847) 464-1581 MLH Yorkville, LLC c/o Marquette Land Investments, L.L.C. 40W960 Stone Ridge Lane Elgin, Illinois 60123 Attn: Darren Sloniger Tele: (630)263-8007 Fax No.: (847) 464-1581 and copy to: Donna J. Pugh, Esq. Chair Land Use Group Vedder Price Kaufinan &Kammholz, P.C. 222 N. LaSalle Street Chicago, IL 60601-1003 Tele: 312-609-5005 Fax: 312-609-7609 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn: Brian Brunhofer Tele: (847) 841-3500 Fax: (847) 783-0892 with a copy to: Gardner Carton &Douglas LLP 191 North Wacker Drive Suite 3700 Chicago, IL 60606-1698 Attn: Charles L. Byrum Tele: (312) 569-1222 Fax: (312) 569-3222 CHOV 12439329.4 42 If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Clerk Tele: (630) 553-4350 Fax: (630) 553-7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: John Wyeth, Esq. Attorney for United City of Yorkville Tele: (630) 553-4350 Fax: (630) 553-8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions CH01/12439329.4 43 applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER' s expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. CHOI/12439329.4 44 M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY CH01/12439329.4 45 Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion of the Residential Parcel by OWNERS to DEVELOPER. {SIGNATURE PAGES TO FOLLOW} CHOI/12439329.4 46 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: MPLIV 10, LLC B3' Name Its: MPLIV 20, LLC By: NamC ► 1 --- ���.,- , Its: �- MLM YORKVILLE, LLC By: ) Nam J �cr, Its: CH01/12439329.4 47 DEVELOPER: PULTE HOME CORPORATIO By: Name: J Its: V and By: 7 , Name: 7-0.0.0 Its: VR CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Name: Its: �✓�.�i c; ' f� rk..t. �•y �..�.,.�._.... .... ages W Attest: e , Name: Its: Jf�' CI "� a o•° CHOI/12439329.4 48 LIST OF EXHIBITS EXHIBIT A-1 Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY (Area South of Commonwealth Edison Lines) EXHIBIT A-2 Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY (Area North of Commonwealth Edison Lines) EXHIBIT B-1 Depiction and Legal Description of R-3 Age-Restricted Residential Parcel EXHIBIT B-2(l) Depiction and Legal Description of Southerly Portion of R-2 Conventional Residential Parcel EXHIBIT B-2(2) Depiction and Legal Description of Northerly Portion of R-2 Conventional Residential Parcel EXHIBIT C Depiction and Legal Description of B-3 Commercial Parcel EXHIBIT D Concept Plan For SUBJECT PROPERTY EXHIBIT E Preliminary PUD Plan for Age-Restricted Residential Parcel EXHIBIT F List of Variations for Age-Restricted Residential Parcel EXHIBIT G List of Current City Building Codes EXHIBIT H-1 Fee Schedule for Age-Restricted Residential Parcel EXHIBIT H-2 Fee Schedule for Conventional Residential Parcels EXHIBIT I School Contribution EXHIBIT J Park Contribution EXHIBIT K Signage EXHIBIT L Form Recapture Agreement EXHIBIT M Common Facilities for Age-Restricted Residential Parcel EXHIBIT N Del Webb Anti-Monotony Policy CHOI/12439329.4 49 kf QU AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT DATED -2006 BETWEEN MPLIV 10,LLC, MPLIV 20,LLC, MLH YORKVILLE,LLC, LAKEWOOD LAND L.L.C., AND THE UNITED CITY OF YORKVILLE,ILLINOIS /343054.v 4 10/11/2006 9:19 AM STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT This AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (this "Amendment") is made and entered into this _ day of , 2006, by and between MPLIV 10, LLC ("MPLIV 10"), MPLIV 20, LLC ("MPLIV 20") AND MLH YORKVILLE, LLC ("MLH"; collectively with 10 and 20 referred to herein as "Owners"), LAKEWOOD LAND L.L.C. and its successors and assigns ("Lakewood") the UNITED CITY OF YORKVILLE, ILLINOIS, an Illinois municipal corporation (the "CITY"), by and through its Mayor and CITY Council (hereinafter referred to collectively as the "Corporate Authorities"). WITNESS: WHEREAS, on September 27, 2005, Owners and Pulte Home Corporation, a Michigan corporation ("Pulte") entered into an Annexation Agreement and Planned Development Agreement(the "Agreement") with the City for the annexation and rezoning of certain tracts and parcels of land collectively called the "Subject Property"; and WHEREAS, [MPLIV 10] is the owner of that portion of the Subject Property that is legally described as Parcel 2 of Exhibit C attached hereto and made a part hereof(the "Northern Commercial Parcel"); and WHEREAS, [MPLIV 20] is the owner of that portion of the Subject Property that is legally described in Parcel 1 of Exhibit C attached hereto and made a part hereof(the "Southern Commercial Parcel; collectively with the Northern Commercial Parcel referred to herein as the "Commercial Parcel"); and WHEREAS, MLH is the owner of approximately 161.3 acres of the Subject Property that are legally described on Exhibit B-2(2) attached hereto and made a part hereof (the "Conventional Residential Parcel"); and WHEREAS, MLH and MPLIV 10 are the owners of approximately 312.3 acres of the Subject Property that are legally described on Exhibit B-1 attached hereto and make a part hereof (the "Age-Restricted Residential Parcel"); and WHEREAS, Pulte has withdrawn as developer of the Subject Property, no longer intends to develop any portion of the Subject Property, and has no contractual interest in any of the Subject Property; and WHEREAS, Lakewood has entered into a contract with MLH to purchase a portion of the Age-Restricted Residential Parcel and has entered into a separate contract with MPLIV 10 to purchase the remaining portion of the Age-Restricted Residential Parcel; and 2 WHEREAS, Lakewood intends to assign its rights and obligations under the aforementioned contracts for the Age-Restricted Residential Parcel to an affiliate which will develop the Age-Restricted Restricted Residential Parcel; and WHEREAS, Lakewood intends to assume the obligations of "Developer" under the Agreement with respect to the Age-Restricted Residential parcel, but no other obligations under the Agreement;and WHEREAS, Lakewood shall have no obligations relating to any portion of the Subject Property other than the Age-Restricted Residential Parcel; and WHEREAS, Lakewood, the Commercial Developer and the developer of any other portion of the Subject Property shall hereinafter be referred to individually as "Developer" and collectively as "Developers" and each Developer shall be liable for the portion of the Subject Property that they develop; and WHEREAS, it is the intent of the parties that, except as expressly noted, the financial and performance obligations owed to the City under the Agreement shall be performed by the entity directly responsible for the development of that part of the Subject Property in question, (when the term "Developer" is used throughout this Agreement, it refers to the actual entity that applies for and receives approval as to final plats, or seeks or obtains building permits for any or all of the Subject Property). It has been disclosed by Owners and Lakewood and acknowledged by the City that the Developer of any part of the Subject Property need not be Owner or Lakewood; and WHEREAS, from and after the date of this Amendment, when the term "Agreement" is used throughout the Agreement and this Amendment, it shall mean the Agreement as amended by this Amendment; and WHEREAS, Owner proposes that the Subject Property be re-zoned under the Zoning Ordinance as follows: (1) an R-3 Single-Family Residence District under the zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of detached single family residences on the Age-Restricted Residential Parcel, which is depicted as Neighborhoods 1 through 14 on the Land Plan prepared by SEC Planning Consultants dated February 23, 2006 (the "Concept Plan") attached hereto as Exhibit D and depicted on the Preliminary PUD Plat prepared by Smith Engineering Consultants, Inc. and comprised of 32 pages and dated March 23, 2006 ("Preliminary PUD Plan") attached hereto as Exhibit E-1, the Preliminary Landscape Plan prepared by SEC Planning Consultants dated February 23, 2006 ("Preliminary Landscape Plan") attached hereto as Exhibit E-2, and the Preliminary PUD Plan prepared by Smith Engineering Consultants, Inc. comprised of 9 pages and last revised March 23, 2006 ("Preliminary Engineering Plan") attached hereto as Exhibit E-3; (ii) an R-2 Single Family Residence District as a community consisting of detached single-family residences on the Conventional Residential Parcel, which is depicted as Neighborhoods 15 and 16 on the Concept Plan; and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District on the Commercial Parcel,which is depicted as commercial on the Concept Plan; and WHEREAS, all public hearings, as required by law, were duly held by the appropriate hearing bodies of the City upon the matters covered by this Amendment. The City's Plan Commission conducted public hearings regarding the re-zoning, special use and Amendment to the Preliminary PUD Plan for the Age-Restricted Residential Parcel requested in the Amendment; and 3 WHEREAS, Owners and Lakewood are duly authorized to enter into this Amendment and desire to enter into this Amendment with the City; and WHEREAS, pursuant to the provisions of Section 11-15.1-1 et seq. and Section 7-1 et seq. of the Illinois Municipal Code, the proposed Amendment, in substance and in form substantially the same as this Amendment, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by ordinance and statute; and WHEREAS, in accordance with the powers granted to the City by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, inclusive, relating to amendment of annexation agreements, the parties hereto wish to enter into a binding agreement to amend certain provisions of the existing annexation agreement, as authorized by the provisions of said statutes; and WHEREAS, the Corporate Authorities of the City, after due deliberation have, by ordinance duly adopted, approved this Amendment and have directed the Mayor and Clerk of the City to execute this Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,the parties hereto agree as follows: I. INCORPORATION OF PREAMBLES. The forgoing Preambles to this Amendment are incorporated herein by reference as though fully set forth herein verbatim. II. RE-ZONING AND APPROVAL OF NEW PLANNED UNIT DEVELOPMENT 2.1 The parties have agreed to re-zone the Subject Property as follows: A. As soon as reasonably practicable following the execution of this Amendment, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Subject Property, other than the Conventional Residential Parcel, under the Zoning Ordinance as follows: (i) an R-3 Single Family Residence District under the Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of detached single-family residences in accordance with the Preliminary PUD Plan attached hereto as Exhibit E-1, the Preliminary Landscape Plan attached hereto as Exhibit E-2 and the Preliminary Engineering Plan attached hereto as Exhibit E-3 and this Agreement for the Age-Restricted Residential Parcel legally described on Exhibit B-1; and (ii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District on the Commercial Parcel legally described on Exhibit C attached hereto; provided that the interim use of all or any portion of the Subject Property as agricultural shall be permitted as legal non-conforming uses of the Subject Property until such portions are actually developed. B As soon as reasonably practicable after the Conventional Residential Parcel depicted on Exhibit B-2(2) becomes contiguous with the corporate boundaries of the City, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the Conventional Residential Parcel under the provisions 4 of the Zoning Ordinance as an R-2 Single-Family Residence District as a community containing detached single-family residences on approximately 161.3 acres. C. Owners and Developer agree that the Subject Property shall be developed in accordance with the ordinances of the City, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the City in connection with such development except as modified in this Agreement and the Preliminary PUD Plan (Exhibit E-1), Preliminary Landscape Plan (Exhibit E-2) and Preliminary Engineering Plan(Exhibit E-3). D. The City agrees to consider future applications for a special use if required by the Zoning Ordinance, for portions of the Commercial Parcel, including applications for uses that are designated special uses within the B-3 zoning classification as of the date of this Agreement. At such time as the locations of any of such uses are determined, Owner of the Commercial Parcel shall apply for special uses therefor and the City shall conduct any necessary public hearings therefor, after the application is made. 2.2 Exhibit B-1. From and after the date that the Subject Property is rezoned in accordance with this Amendment, all references to Exhibit B-1 to the Agreement shall be deemed to be references to Exhibit B-1 attached hereto. 2.3 Exhibit B-2(1). From and after the date that the Subject Property is rezoned in accordance with this Amendment, all references to Exhibit B-2(1) to the Agreement shall be deemed to be references to Exhibit B-2(1)attached hereto. 2.4 Exhibit B-2(2). From and after the date that the Subject Property is rezoned in accordance with this Amendment, all references to Exhibit B-2(2) to the Agreement shall be deemed to be references to Exhibit B-2(2)attached hereto. 2.5 Exhibit C. From and after the date that the Subject Property is rezoned in accordance with this Amendment, all references to Exhibit C to the Agreement shall be deemed to be references to Exhibit C attached hereto. 2.6 Exhibit D. From and after the date that the Subject Property is rezoned in accordance with this Amendment, all references to Exhibit D to the Agreement shall be deemed to be references to Exhibit D attached hereto. 2.7 Exhibit E. From and after the date that the Subject Property is rezoned in accordance with this Amendment, all references to Exhibit E to the Agreement shall be deemed to be 5 references to Exhibit E-1 "Preliminary PUD Plat for Age-Restricted Residential Parcel," Exhibit E-2 "Preliminary Landscape Plan for Age-Restricted Residential Parcel" and Exhibit E-3 "Preliminary Engineering Plan for Age-Restricted Residential Parcel" attached hereto. III. SUBSTITUTION OF EXHIBIT F Exhibit F to the Agreement "List of Variations for Age-Restricted Residential Parcel" is hereby deleted in its entirety and replaced with Exhibit F "Standards for Age-Restricted Residential Parcel"attached hereto. IV. UTILITIES,EASEMENTS AND PUBLIC IMPROVEMENTS The first paragraph of Section 4 of the Agreement "Utilities, Easements and Public Improvements" is hereby deleted in its entirety from the Agreement and replaced with the following paragraph: 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. Owners and Developer agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing City subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of Owners and Developer within their respective parcels. The utilities and public improvements to be installed on the Age Restricted Residential Parcel are depicted on Exhibit E-3 attached hereto ("PUD Utilities and Public Improvements"). The City shall have the sole responsibility of obtaining any off-site easements for sanitary sewer and the water distribution and responsibility for off-site street related improvements. In the event the City cannot obtain the necessary off-site easements for the extension of the watermains, Owners and Developer shall be allowed to extend water mains or sewer from other locations to their respective parcels on the Subject Property within existing easements or rights-of-way. V. WELL SITE The following new Section 5.E is hereby added to the Agreement: E. On or after the date hereof, the City and its representatives may, from time to time, enter upon the Subject Property for the purposes of inspecting and drilling the same in order to locate a well site. The Owners and Developers agree to cooperate with the City in the conduct of its investigations. All such investigations and studies are to be at the City's sole cost and expense. Said right of entry is upon the express condition that the City shall not suffer or permit any mechanics' liens to attach to the Subject Property. The City shall indemnify, save and hold the Owners and Developers harmless from and against any claim of loss or damage made by any third party arising from the entry onto the Subject Property by the City, its employees, representatives, or agents. The City shall be liable for actual damage to crops calculated on a per acre basis based upon the current prevailing market rates for the crop in question. The City shall 6 notify the applicable Owner and Developer of the Subject Property of its proposed location of a one half acre well site on the such Owner's and Developer's portion of the Subject Property (the "Well Site"), which location shall be subject to the reasonable approval of such Owner and Developer. The Owner of such portion of the Subject Property shall donate the Well Site to the City; provided,however that the location of the Well Site shall not reduce the density of the such Owner's or Developer's parcel and shall not require changes to such Owner's or Developer's Preliminary Engineering Plans or otherwise substantially impact such Owner's or Developer's engineering. VI. FACILITIES PLANNING AREA Section 6.0 of the Agreement is hereby deleted in its entirety from the Agreement and replaced with a new Section 6.0 which reads as follows: C. That the Subject Property is entirely within the Facilities Planning Area (the "FPA")of the YBSD. VII. SANITARY SEWER INTERCEPTOR FUNDING AGREEMENTS 7.1 Section 6.E of the Agreement is hereby deleted in its entirety from the Agreement and replaced with a new Section 6.E which reads as follows: E. In order to assist the City in funding the cost of extending the Rob Roy Interceptor from Rob Roy Creek to the Subject Property and through the Subject Property to the Commonwealth Edison right of way and in funding the cost of extending the Westerly Trunk Line to the westerly boundary of the Age-Restricted Residential Parcel as provided herein, each Owner shall individually, at the request of the City enter into a "Sanitary Sewer Interceptor Funding Agreement" similar to the agreement recently entered into by the City, YBSD and several developers for the funding of the cost of building the Rob Roy Interceptor, whereby such Owner shall prepay the amounts due to the City under the City and YBSD Ordinance ($3,250 per acre Infrastructure Participation Fee to due YBSD and $2,000 per unit City Sewer Connection Fee) for its portion of the Subject Property equal to its proportionate share to service the bonds issued to pay for the costs of installing the interceptors referred to in this Section 6.E. 7.2 Rob Roy Creek. The following new Section 6.G is hereby added to the Agreement: G. The Owners and Developer of the Commercial Parcel shall provide profiles as well as provide appropriate discharge enhancements for stormwater into Rob Roy Creek as part of any preliminary and final landscaping or preliminary and final engineering plat for a Phase or Phases affecting Rob Roy Creek as determined by the City. The Owners and Developer of the Commercial Parcel shall provide the engineering and installation of the Rob Roy Regional Trail as part of any preliminary and final landscaping or preliminary and final engineering plan for a Phase or Phases containing the Rob Roy Regional Trail. 7 VIII. STREETS AND ROADS 8.1 Perimeter Roadways. Section 7.B of the Agreement "Perimeter Roadways" is hereby deleted in its entirety from the Agreement and replaced with a new Section 7.13 which reads as follows: B. Perimeter Roadways. Subject to the applicable governmental laws, ordinances and regulations, those portions of the perimeter roadways to the Age-Restricted Residential Parcel, Conventional Residential Parcel and Commercial Parcel as depicted on Exhibit N attached hereto shall be dedicated, constructed and/or bonded by the Developer of such parcel as it develops such parcel. The costs incurred in connection with any parcel shall be credited against the $2,000 per unit Off-Site Road Fee otherwise payable to the City for such parcel and shall further be credited against the $1,000 per unit Kendall County Transportation Fee as to the access improvements installed on Galena Road, only. All other improvements to Galena Road and Base Line Road required by the City shall be installed by the City at its own cost. 8.2 Beecher Road. The following new Section 7.0 is hereby added to the Agreement: C. Beecher Road. Lakewood's obligation, as depicted on Exhibit N, to construct, install and dedicate Beecher Road from its southernmost point at Galena Road to its termination point at Base Line Road at such time as the portion of the Age-Restricted Residential Parcel adjacent to Beecher Road is developed, which may be in the final phase of Lakewood's development, shall be subject to the requirements of this Section 7.C. The City has requested that Lakewood construct Beecher Road wider than a normal local residential City street and Lakewood has agreed to build such wider road provided that Lakewood receives a credit against the $2,000 per unit Off-Site Road Fee otherwise payable to the City for the Age-Restricted Residential Parcel and the $1,000 per unit Kendall County Transportation Fee payable for the Age-Restricted Residential Parcel (collectively, the "Road Credits"). The amount of the Road Credits shall equal the difference between the cost to build Beecher Road as requested by the City and the cost to construct a normal local residential City street (the "Excess Road Costs") for all of Beecher Road from Galena Road to its termination point at Base Line Road. In addition, the Owner of the Conventional Residential Parcel shall enter into to enter into a recapture agreement with Lakewood which shall provide that Lakewood shall be reimbursed for the difference between: (a) the cost of designing and installing the portion of Beecher Road from the southern boundary of the Conventional Residential Parcel to its termination point at Base Line Road and (b)the amount of Road Credits Lakewood receives from the City and Kendall County which are applicable to the portion of Beecher Road from the southern boundary of the Conventional Residential Parcel to its termination point at Base Line Road. The recapture agreement shall be prepared by Lakewood and shall be reasonably acceptable to the Owner of the Conventional Residential Parcel. Such recapture agreement shall explicitly give Lakewood an easement for installing Beecher Road through the Conventional Residential Parcel. It shall also provide that Lakewood 8 shall have the right to assign the agreement or the benefits of the agreement to a third party,that Lakewood shall be entitled to interest at the prime rate of interest published in the Wall Street Journal from the date the work on Beecher Road is completed until the date Lakewood is repaid and that the entire amount of the recapture shall be due Lakewood on the date development commences on the Conventional Residential Parcel, but in no event later than 10 years from the date of the recapture agreement. The parties acknowledge that there is a portion of property (the "Intervening Parcels")to the north of the Age-Restricted Residential Parcel and to the south of the Conventional Residential Parcel that is not owned by any Owner and that Lakewood will be unable to connect Beecher Road from the Age-Restricted Residential Parcel to the Conventional Residential Parcel without an easement from the owners of the Intervening Parcels. The Owner of the Conventional Residential Parcel agrees and acknowledges that it is obligated to obtain easements for the benefit of Lakewood from the owners of the Intervening Parcels at no cost to Lakewood and that Lakewood shall have no obligation to connect the portion of Beecher Road on the Conventional Residential Parcel to the southern portion of Beecher Road unless the Owner of the Conventional Residential Parcel obtains such easements at no cost to Lakewood. 8.3 Route 47 Improvements. The following new Section 7.1) is hereby added to the Agreement: D. Route 47 Improvements. 1. Owner & Developers Participation in Engineering Expenses. The Owner and Developers of the Commercial Parcel agree to financially participate in the engineering expense for the improvement of Illinois Route 47 adjacent to the Subject Property pursuant to the terms of this Agreement. Such Owner's and Developers'payment will be due as set forth below. Such Owner's and Developers' portion of said Route 47 engineering expense shall not exceed $210,261.00. Such Owner and Developers shall make the aforesaid payment for engineering expense only and shall not at any time be required by the City to pay any sum to the City for the improvements to Route 47. Said $210,261.00 payment will be payable at time of final plat or building permit approval, whichever is first, of any portion of the 110 acre Commercial Parcel depicted on the Concept Plan. Furthermore, the City will agree to support a permit for at least two full access points into the Subject Property from Illinois Route 47 as a condition to the payment of said engineering expense for Illinois Route 47. 2. Dedication of Land. Upon City verifying to Owner and Developer of the Commercial Parcel that the funding mechanisms contemplated in the subsequent paragraphs are adequately provided for, then within thirty (30) days of a written request from the City which includes legal descriptions and exhibits as necessary, Owner and Developer of the Commercial Parcel shall by warranty deed, grant fee simple title to the necessary right-of-way, as determined by the Route 47 Phase I Engineering Study to the Illinois Department of Transportation to provide the necessary land for widening of Route 47. 9 3. Value of Land Dedication. The Parties agree that the land which is to be dedicated to the Illinois Department of Transportation to provide the necessary right-of-way for the widening of Route 47 shall be valued at the higher of either a fixed value of two-hundred and seventy-five thousand dollars ($275,000.00) per acre, or based upon a real estate appraisal of said land to be conducted as part of the Phase 1 Engineering Study for the project. 4. Tax Rebate Agreement. To offset the land cost associated with the Owner, the engineering expense for and Developer's land dedication required by the City for Route 47 widening, as well as any improvements and/or signalization along Route 47 abutting the Subject Property mandated by the Illinois Department of Transportation as part of the approval for access to the Subject Property, the City agrees to enter into a sales tax rebate agreement with the Owner(s) and Developer(s) of the Commercial Parcel. Consistent with the terms of this Agreement the City shall place in a separate account for the benefit of Owner(s) and Developer(s) of the Commercial Parcel fifty percent (50%) of the City's one percent (1%) portion of the State Retailer's Occupation Tax received by the City as a result of the development of the Commercial Parcel. The period of computation shall begin for Developer(s), and Owner(s) upon occupancy of the first unit of commercial retail development within each respective Lot on the Commercial Parcel, and will continue for a period of twenty (20) years or until the Owner(s) and Developer(s) have been rebated one hundred percent (100%) of their respective share of the Route 47 land dedication, as well as one-hundred percent (100%) of their respective share of the $210,261.00 payment set forth herein, as well as six percent(6%) interest, whichever occurs first. 5. City and State Cooperation to Improve Route 47. It is contemplated between the Parties that the City will make every reasonable effort to create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcel, at a rate of no more than an additional one percent (1%) tax. If the City is successful in obtaining the additional tax revenues through the State of Illinois, then one hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s) by City as reimbursement for Owner(s) and Developer(s')respective share of dedicated land, paying the $21.0,261.00 for engineering expenses, and for improving and/or signalizing Route 47 abutting the Subject Property. Furthermore, the City agrees to make every reasonable effort to petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax, and pay any such funds relinquished directly to the City. If the State of Illinois enters into such an agreement with the City to release any portion of the State's share of the State Retailers Occupation Tax then one hundred percent (100%) of such funds shall be paid by the City to the Owner(s) and Developer(s) to help offset the Owner(s') and Developer(s') extraordinary expenses incurred in dedicating land, and making the $210,261.00 payment set forth herein, and for improving and/or signalizing Route 47 abutting the Subject Property. 10 It is also understood by and between the Parties that subsequent to the execution of this Agreement the City may explore and implement an alternative method of financing the required Route 47 improvements, which alternative may not have been contemplated in this Agreement, such as the establishment of a TIFF district, Special Service Area, or Bond Financing. If subsequent to the execution of this Agreement the City establishes such an alternative form of funding to improve Route 47 the Owner(s) and Developer(s) of the Commercial Parcel shall have the right to participate in any such alternative form of financing if they should so choose at their sole option.. 8.4 Exhibit N. Exhibit N to the Agreement "Perimeter Roads for Which Developer Has Responsibility" is hereby deleted in its entirety and replaced with Exhibit N 'Perimeter Roads for Which Owners and/or Developers Have Responsibility" attached hereto. IX. FEES AND CHARGES 9.1 Section 13.A. Section 13.A of the Agreement is hereby deleted in its entirety from the Agreement and replaced with a new Section 13.A which reads as follows: A. During the first five (5)years following the date of this Agreement, the City shall impose upon and collect from the Owners and/or Developer, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the City, except as otherwise expressly provided for in this agreement on the Fee Schedules attached hereto and made a part hereof as Exhibit H-1 and Exhibit H-2. At the expiration of this five (5) year term, the City shall give the Owners and Developer a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations,but no increased impact fees or new impact fees shall apply to the Subject Property. 9.2 Exhibit H-1. Exhibit H-1 to the Agreement "Fee Schedule for Age-Restricted Residential Parcel' is hereby deleted in its entirety and replaced with Exhibit H-1 "Fee Schedule for Age- Restricted Residential Parcel' attached hereto. 9.3 Exhibit H-2. Exhibit H-2 to the Agreement "Fee Schedule for Conventional Residential Parcels" is hereby deleted in its entirety and replaced with Exhibit H-2 "Fee Schedule for Conventional Residential Parcels" attached hereto. X. SCHOOL AND PARK DONATIONS 11 10.1 Section 15 of Agreement. Section 15 of the Agreement is hereby deleted in its entirety from the Agreement and replaced with a new Section 15 which reads as follows: 15. SCHOOL AND PARK DONATIONS. The Owner and/or Developer of the Conventional Residential Parcel shall be responsible for making the contributions outlined in Exhibit I to the Yorkville Community School District #115 ("School District"), and the City for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Conventional Residential Parcel in the manner provided for under this Agreement. The Owner and/or Developer of the Residential Parcels shall be responsible for making the contributions outlined in Exhibit J to the City of Yorkville Park Department ("Park Department") and the City for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcels in the manner provided for under this Agreement. There shall be no school contribution required for the Age- Restricted Residential Parcel except as the Owner and/or Developer thereof may voluntarily agree to with the School District in the sole determination of such Owner and/or Developer and there shall be no other school and park contributions required for the Residential Parcels, except as set forth in Exhibits I and J. There shall be no school or park contributions required or made for the Commercial Parcel. For purposes of making any donations to the Park Department for the Age-Restricted Residential Parcel, the formula utilized by the City establishing the amount of the contribution on the basis of expected population to be generated by a development shall be revised to attribute a population of 1.8 adult persons per dwelling unit in order to arrive at a donation for each dwelling unit within the Age-Restricted Residential Parcel. All cash donations to the Park Department from the Age-Restricted Residential Parcel shall be used by the City for donations based on expected population. 10.2 Exhibit I. Exhibit I to the Agreement "School Contributions" is hereby deleted in its entirety and replaced with Exhibit I "School Contributions" attached hereto. 10.3 Exhibit J. Exhibit J to the Agreement "Park Contributions" is hereby deleted in its entirety and replaced with Exhibit J 'Park Contributions" attached hereto. XI. SUBSTITUTION OF EXHIBIT K Exhibit K to the Agreement "Signage" is hereby deleted in its entirety and replaced with Exhibit K "Signage" attached hereto. XH. LOCATION OF MODEL HOMES IN AGE-RESTRICTED RESIDENTIAL PARCEL 12 12.1 Section 17. The first paragraph of Section 17 is hereby deleted from the Agreement and replaced with a new first paragraph of Section 17 which reads as follows: 17. MODEL HOMES PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period of the Residential Parcels (subsequent to final plat approval), the Owners and Developers of the Residential Parcels, and such other persons or entities as such Owners and Developers may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcels staffed with such Owners' and Developers', or such other person's or entity's, sales and construction staff, and may be utilized for sales offices. The number of such model homes and sales trailers shall be as from time to time determined or authorized by such Owners or Developers. The locations of such model homes and sales trailers in the Conventional Residential Parcel shall be as from time to time determined or authorized by the Owner or Developer of such parcel. The locations of such model homes and sales trailers in the Age-Restricted Residential Parcel shall be as depicted on Exhibit K-1 attached hereto. 12.2 Exhibit K-1. The new Exhibit K-1 "Location of Model Homes in the Age-Restricted Residential Parcel" attached hereto is hereby added to the Agreement. XIII. IMPROVEMENTS BENEFITING OTHER PROPERTIES 13.1 Section 20. Section 20 of the Agreement is hereby deleted in its entirety from the Agreement and replaced with a new Section 20 which reads as follows: 20. IMPROVEMENTS BENEFITING OTHER PROPERTIES. In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the City for the purpose of serving property other than the Subject Property, or in the event any public improvements installed by a Developer or an Owner benefit property other than this Subject Property, even if not oversized or deepened, the City shall enter into a Recapture Agreement, as defined in Section 24(A) hereof, with such Owner and/or Developer providing for the payment of the cost of such oversizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of properties benefited by the same, which Recapture Agreement shall be substantially in the form attached hereto as Exhibit L. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. 13 13.2 Exhibit L. Exhibit L to the Agreement "Recapture Agreement" is hereby deleted in its entirety and replaced with Exhibit L "Form Recapture Agreement" attached hereto. XIV. ANTI-MONOTONY 14.1 Section 26. Section 26 of the Agreement is hereby deleted in its entirety from the Agreement and replaced with a new Section 26 which reads as follows: 26. COVENANTS. In lieu of any architectural control ordinances adopted by the City, the Developer of the Conventional Residential Parcel agrees to impose covenants, conditions and restrictions relating to facade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit of the Conventional Residential Parcel. Such Developer shall include provisions in the covenants to provide that the Association (as defined in Section 27 below) shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Conventional Residential parcel, and other obligations as determined at the time of final platting and as referenced in this Agreement. In lieu of any architectural control ordinances adopted by the City, the Developer of the Age-Restricted Residential Parcel agrees to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit of the Age-Restricted Residential Parcel. The Developer of the Age-Restricted Residential Parcel agrees construct the single-family homes in the Age-Restricted Residential Parcel in accordance with the architectural elevations and monotony matrix attached hereto as Exhibit O (collectively, the "Elevations"). The City hereby approves the Elevations and the Developer of the Age-Restricted Residential Parcel agrees that any units constructed in the Age-Restricted Residential Parcel that do not comply with the Elevations shall comply with the City's architectural control ordinance. The parties agree that a minimum of twenty-five percent (25%) of the front elevations of the single-family homes in the Age-Restricted Residential Parcel shall have masonry elements. The Developer of the Age-Restricted Residential Parcel shall include provisions in the covenants to provide that the Association (as defined in Section 27 below) shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Age-Restricted Residential parcel, and other obligations as determined at the time of final platting and as referenced in this Agreement. 14.2 Exhibit O. Exhibit O to the Agreement "Pulte Anti-Monotony Policy" is hereby deleted in its entirety and replaced with Exhibit O "Architectural Elevations and Anti-Monotony Matrix for Age-Restricted Residential Parcel" attached hereto. 14 XV. HOMEOWNERS ASSOCIATION 15.1 Section 27.A of the Agreement is hereby deleted in its entirety from the Agreement and replaced with a new Section 27.A which reads as follows: A. Homeowners Associations. Developer shall establish through separate declarations of covenants, conditions and restrictions for each of the Residential Parcels, a Homeowner's Association ("Association") of all lot owners with each of Conventional Residential Parcel and the Age-Restricted Residential Parcel and a mandatory membership of all lot owners in the Association for each of the Residential Parcels. The Associations shall have the primary responsibility and duty to carry out and pay for the maintenance of the Common Facilities (defined below) through assessments levied against all dwelling units within each of the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities maintenance. The Association for each of the Residential Parcels will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within such Residential Parcel. The maintenance described herein shall include, without limitation,the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize each Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the City's Property Maintenance Standards and Landscape Ordinance. The Common Facilities for the Age-Restricted Residential Parcel are those areas labeled "TO BE CONVEYED TO THE H.O.A." on the Preliminary PUD Plan. 15.2 Exhibit M. Exhibit M to the Agreement "Common Facilities for Age-Restricted Residential Parcel" is hereby deleted in its.entirety and replaced with Exhibit M "Intentionally Omitted" attached hereto. XVI. NOTICES 16.1 Section 39.D. Section 39.13 of the Agreement is hereby deleted in its entirety and replaced with a new Section 39.1) which reads as follows: D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of the confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: 15 If to Owner: MPLIV 10, LLC C/o Marquette Land Investments,LLC 463 Briargate South Elgin, IL 60177 Attn: Darren Sloniger Telephone: 630-263-8007 Fax No.: (847)-464-1581 MPLIV 20,LLC c/o Marquette Land Investments, LLC 463 Briargate South Elgin, IL 60177 Attn: Darren Sloniger Telephone: 630-263-8007 Fax No.: (847)-464-1581 MLH Yorkville, LLC c/o Marquette Land Investments, LLC 463 Briargate South Elgin, IL 60177 Attn: Darren Sloniger Telephone: 630-263-8007 Fax No.: (847)-464-1581 and copy to: Robert G. Gibson,Partner Dommermuth, Brestal, Cobine & West,Ltd 123 Water Street P.O. Box 565 Naperville, Illinois 60566-0565 (630)355-5800 Ext. 111 FAX (630)355-5976 If to Lakewood: C/o Lakewood Homes, Inc. 2700 West Higgins Road Suite 100 Hoffman Estates, IL 60169 Attn: Buz Hoffman Telephone: 847-884-8800 Fax: 847-884-8986 and copy to: Gould&Ratner 222 North LaSalle Street Suite 800 Chicago, Illinois 60601 Attn: John H.Mays Telephone: 312-236-3003 Fax: 312-236-3241 If to City: United City of Yorkville 800 Game Farm Road 16 Yorkville, IL 60560 Attn: City Clerk Telephone: (630) 553-4350 Fax: (630) 553-7575 and copy to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Attn: John Wyeth,Esq. Attorney for United City of Yorkville Telephone: (630) 553-4350 Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. XVII. SUBSTITUTION OF LIST OF EXHIBITS The List of Exhibits in the Agreement is hereby deleted in its entirety and replaced with a new List of Exhibits which reads as follows: LIST OF EXHIBITS EXHIBIT A-1 Legal Descriptions and Plat of Annexation of Subject Property (Area South of Commonwealth Edison Lines) EXHIBIT A-I Legal Descriptions and Plat of Annexation of Subject Property (Area North of Commonwealth Edison Lines) EXHIBIT B-1 Legal Description of R-3 Age-Restricted Residential Parcel EXHIBIT B-2(1) Intentionally Omitted EXHIBIT B-2(2) Legal Description of R-2 Conventional Residential Parcel EXHIBIT C Legal Description of B-3 Commercial Parcel EXHIBIT D Concept Plan for Subject Property EXHIBIT E-1 Preliminary PUD Plan for Age-Restricted Residential Parcel EXHIBIT E-2 Preliminary Landscape Plan for Age-Restricted Residential Parcel EXHIBIT E-3 Preliminary Engineering Plan for Age-Restricted Residential Parcel EXHIBIT F Standards for Age-Restricted Residential Parcel EXHIBIT G List of Current City Building Codes EXHIBIT H-1 Fee Schedule for Age-Restricted Residential Parcel EXHIBIT H-2 Fee Schedule for Conventional Residential parcel EXHIBIT I School Contribution EXHIBIT J Park Contribution EXHIBIT K Signage EXHIBIT K-I Location of Model Homes in the Age-Restricted Residential Parcel EXHIBIT L Form Recapture Agreement EXHIBIT M Intentionally Omitted EXHIBIT N Perimeter Roads For Which Owners and/or Developers Have Responsibility 17 EXHIBIT O Architectural Elevations and Anti-Monotony Matrix For Age- Restricted Residential Parcel XVIII. GENERAL PROVISIONS. 18.1 This Amendment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 18.2 This Amendment shall be enforceable in any court of competent jurisdiction by either party by an appropriate action at law or in equity to secure the performance of the covenants herein described. 18.3 In the event of any conflict between this Amendment and any other provision in the Agreement or Ordinances of the City in force at the time of execution of this Amendment, the provisions of this Amendment shall prevail to the extent of any such conflict or inconsistency. 18.4 If any provision of this Amendment is held invalid, the City shall immediately make a good faith effort to take such action as may be necessary to readopt or reaffirm this amendment or any underlying resolution or ordinance in order to cure such invalidity. If after such actions by the City a provision of this Agreement is held invalid the City shall take all such actions as may be necessary to provide the Developer the practical benefits and realize the intent of this Amendment. 18.5 Terms not specifically defined in this Amendment shall have the meanings attributed to them in the Agreement. 18 IN WITNESS WHEREOF, the CORPORATE AUTHORITIES, OWNERS and LAKEWOOD have caused this instrument to be executed by their respective proper officials, duly authorized to execute the same, on the day and year first above written. CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Mayor Attest: City Clerk LAKEWOOD: LAKEWOOD LAND L.L.C., an Illinois limited liability company By: LAKEWOOD HOMES, INC., an Illinois corporation, its member By: Name: Its: Attest: Name: Its: OWNERS: MPLIV 10,LLC By: Name: Its; MPLIV 20,LLC By: Name: Its: MLH YORKVILLE,LLC By: Name: Its: PREPARED BY AND RETURN TO: John H.Mays Gould&Ratner 222 North LaSalle Street Suite 800 Chicago, Illinois 60601 EXHIBIT B-1 LEGAL DESCRIPTION OF R-3 AGE-RESTRICTED RESIDENTIAL PARCEL PARCEL 1: THAT PART OF THE WEST HALF OF SECTION 5,TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE MONUMENTING THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5 PER DOCUMENT 9816650; THENCE NORTH 01 DEGREE 14 MINUTES 18 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 5 A DISTANCE OF 859.52 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD PER DOCUMENT 145193;THENCE NORTH 74 DEGREES 19 MINUTES 52 SECONDS WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 1,264.55 FEET TO A POINT ON A LINE THAT IS 1,209.89 FEET WEST OF AND PARALLEL WITH SAID EAST LINE OF THE WEST HALF,SAID POINT BEING THE POINT OF BEGINNING;THENCE CONTINUING NORTH 74 DEGREES 19 MINUTES 52 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE 501.48 FEET TO A POINT OF CURVE,SAID CURVE BEING CONCAVE NORTHERLY,HAVING A RADIUS OF 42,935.00 FEET AND A CHORD THAT BEARS NORTH 73 DEGREES 46 MINUTES 33 SECONDS WEST 932.35 FEET;THENCE WESTERLY,ALONG THE ARC OF SAID CURVE,932.37 FEET;THENCE NORTH 73 DEGREES 09 MINUTES 13 SECONDS WEST 77.16 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5;THENCE NORTH 01 DEGREE 12 MINUTES 43 SECONDS WEST ALONG SAID WEST LINE 914.99 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5;THENCE NORTH 01 DEGREE 10 MINUTES 14 SECONDS WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5,A DISTANCE OF 920.88 FEET THENCE NORTH 89 DEGREES 13 MINUTES 11 SECONDS EAST 1,441.07 FEET;THENCE SOUTH 01 DEGREE 14 MINUTES 18 SECONDS EAST 2,273.92 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS. PARCEL 2: THAT PART OF THE WEST HALF OF SECTION 5,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE MONUMENTING THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5 PER DOCUMENT 9816650; THENCE NORTH 01 DEGREE 14 MINUTES 18 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 5 A DISTANCE OF 859.52 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD PER DOCUMENT 145193,SAID POINT BEING THE POINT OF BEGINNING;THENCE NORTH 74 DEGREES 19 MINUTES 52 SECONDS WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 1,264.55 FEET AS TO A POINT ON A LINE THAT IS 1,209.89 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID SECTION 5;THENCE NORTH 01 DEGREE 14 MINUTES 18 SECONDS WEST ALONG SAID PARALLEL LINE 2,273.92 FEET;THENCE NORTH 89 DEGREES 13 MINUTES 11 SECONDS EAST 1,209.93 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 5,THENCE SOUTH 01 DEGREE 14 MINUTES 18 SECONDS EAST ALONG SAID EAST LINE 2,632.00 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY,ILLINOIS. PARCEL 3: THAT PART OF THE EAST HALF OF SECTION 5,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE MONUMENTING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 PER DOCUMENT 9816650; THENCE NORTH 01 DEGREE 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 5 A DISTANCE OF 859.52 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD PER DOCUMENT 145193,SAID POINT BEING THE POINT OF BEGINNING;THENCE CONTINUING NORTH 01 DEGREE 14 MINUTES 18 SECONDS WEST ALONG SAID WEST LINE 2,925.23 FEET TO THE SOUTHERLY LINE OF THE COMMONWEALTH EDISON COMPANY PROPERTY PER DOCUMENT R73-2720;THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,213.07 FEET;THENCE SOUTH 01 DEGREE 14 MINUTES 18 SECONDS EAST 3,320.69 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD;THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 1,270.52 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS. PARCEL 4: THAT PART OF THE EAST HALF OF SECTION 5,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE MONUMENTING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 PER DOCUMENT 9816650; THENCE NORTH O1 DEGREE 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 5 A DISTANCE OF 859.52 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD PER DOCUMENT 145193;THENCE SOUTH 73 DEGREES 55 MINUTES 29 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE 1,270.52 FEET TO THE POINT OF BEGIN- NING;THENCE NORTH 01 DEGREE 14 MINUTES 18 SECONDS WEST 3,320.69 FEET TO THE SOUTHERLY LINE OF THE COMMONWEALTH EDISON COMPANY PROPERTY PER DOCUMENT R73-2720;THENCE NORTH 87 DEGREES 56 MINUTES 31 SEC- ONDS EAST ALONG SAID SOUTHERLY LINE 1,140.23 FEET;THENCE SOUTH 00 DEGREES 32 MINUTES 31 SECONDS WEST 3,658.74 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD;THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 1,075.15 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS. EXHIBIT B-2(1) INTENTIONALLY OMITTED EXHIBIT B-2(2) LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL THAT PART OF THE NORTHWEST QUARTER OF SECTION 5,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5, SAID CORNER MONUMENTED BY A PK NAIL PER MONUMENT RECORD DOCUMENT 85-105; THENCE SOUTH 01 DEGREE 14 MINUTES 18 SECONDS EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 A DISTANCE OF 1,828.85 FEET TO THE NORTH LINE OF LAND CONVEYED TO THE COMMONWEALTH EDISON COMPANY PER DOCUMENT 732841; THENCE SOUTH 87 DEGREES 57 MINUTES 56 SECONDS WEST ALONG SAID NORTH LINE 3,783.96 FEET TO THE EAST LINE OF LAND CONVEYED TO THE COMMONWEALTH EDISON COMPANY PER SAID DOCUMENT 732841;THENCE NORTH 00 DEGREES 41 MINUTES 14 SECONDS WEST ALONG SAID EAST LINE 1,892.95 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE NORTH 88 DEGREES 48 MINUTES 56 SECONDS EAST ALONG SAID NORTH LINE 1,117.23 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5;THENCE NORTH 88 DEGREES 59 MINUTES 11 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 2,648.19 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY,ILLINOIS. EXHIBIT C LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL PARCEL 1: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5,THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4,THAT PART OF THE NORTHEAST QUARTER OF SECTION 8 AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 9 ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SAID SEC- TION 5;THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5,A DISTANCE OF 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPEN- DICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING;THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET;THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET;THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF ROB ROY DITCH;THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1,336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CEN- TERLINE OF GALENA ROAD AS NOW ESTABLISHED;THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET;THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET;THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET;THENCE NORTH 28 DEGREES 26 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS. PARCEL 2: THAT PART OF THE WEST HALF OF SECTION 4,PART OF EAST HALF SECTION 5, PART OF THE NORTHEAST QUARTER OF SECTION 8,ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 5;THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1,550.82 FEET;THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING;THENCE SOUTH 28 DEGREES 26 MINUTES 55 SECONDS WEST 750.54 FEET;THENCE SOUTH 16 DEGREES I 1 MINUTES 58 SECONDS WEST 599.13 FEET; THENCE SOUTH 02 DEGREES 56 MINUTES 50 SECONDS EAST 348.47 FEET TO THE CENTERLINE OF GALENA ROAD;THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 296.00 FEET;THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 3,700.25 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COMMONWEALTH EDISON COMPANY;THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE 577.07 FEET;THENCE SOUTH 01 DEGREES 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET;THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WEST RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256;(THE NEXT 5 COURSES ARE ALONG THE WEST RIGHT- OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENTS 90756 AND 90757): SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 1000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 71.20 FEET; THENCE SOUTH 87 DEGREES 52 MINUTES 41 SECONDS WEST 22.10 FEET TO THE CENTERLINE OF ROB ROY DITCH;THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 37.11 FEET; THENCE NORTH 89 DEGREES 12 MINUTES 43 SECONDS WEST 196.55 FEET; THENCE SOUTH 37 DEGREES 44 MINUTES 29 SECONDS WEST 115.96 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 221.96 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS. EXHIBIT D CONCEPT PLAN FOR SUBJECT PROPERTY (SEE ATTACHED) EXHIBIT E-1 PRELIMINARY PUD PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL (SEE ATTACHED) EXHIBIT E-2 PRELIMINARY LANDSCAPE PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL (SEE ATTACHED) EXHIBIT E-3 PRELIMINARY ENGINEERING PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL (SEE ATTACHED) EXHIBIT F STANDARDS FOR AGE-RESTRICTED RESIDENTIAL PARCEL (For PUD Plan in Exhibit E) City NH 5, 7, 8 NH 1, 2, 3, 10, NH 4, 6, 9, 12 Ordinance 11, 13 R-3 Single R-3 PUD R-3 PUD R-3 PUD Family Detached Premier Lots Classic Lots Manor Lots tt70' 66' 51' 43' n/a 110' 110' 114' 9000 sf 7244 sf 5610 sf 48202 sf k 30' 20 20' Side Setback 10' S' 5' 3' and 5' Side-Corner 20' 20' 20' 20' Setback 20' Rear Setback 30' 20' 20' Right of Way 66' 60' 60' 60' Width 4, Sidewalk 5' 4 4' Width Centerline 100' 45' (Eyebrow 45' (Eyebrow 45' (Eyebrow Radius Intersections Intersections Intersections Only) Onl Only) EXHIBIT H-1 FEE SCHEDULE FOR AGE-RESTRICTED RESIDENTIAL PARCEL (SEE ATTACHED) EXHIBIT H-2 FEE SCHEDULE FOR CONVENTIONAL RESIDENTIAL PARCELS (SEE ATTACHED) EXHIBIT I SCHOOL CONTRIBUTIONS The Owner/Developer of the Conventional Residential Parcels shall pay to Community School District No. 115 the amount called for as the Land/Cash Donation for schools in the Subdivision Ordinance of the City as of the date of this Agreement. In the event District No. 115 accepts the donation of any portion of the 15.2 acres designated as a school/park in the Concept Plan, or such lesser amount, such Owner/Developer shall be credited toward the Land/Cash payment with the sum of$80,000 multiplied by the number of acres donated. Such Owner/Developer shall also pay School District No. 115 the Transition Fee of$3,000 per dwelling unit currently set forth in Ordinance No. 2002-04 in the manner provided in such Ordinance. No other payments or contributions shall be sought or payable to schools. EXHIBIT J PARK CONTRIBUTION Conventional Residential Parcel The Owner/Developer of the Conventional Residential Parcel shall pay to the Park Department the amount called for in the Land/Cash Donation for parks in the Subdivision Ordinance of the City as of the date of this Agreement. In the event the Park Department accepts the donations of any portion of the 15.2 acres designated as a school/park in the Concept Plan or the 5.0 acres designated as a park site adjacent to the proposed park site in the Bailey Meadows Development, or such lesser amount, such Owner/Developer shall be credited toward the Land/Cash payment with the sum of$80,000 multiplied by the number of acres donated. The final division between the land and cash portions shall be determined at the time of final plat approval for that phase of the development. No other payments or contributions shall be sought or payable to the Park Department. Age-Restricted Residential Parcel The Owner/Developer of the Age-Restricted Residential Parcel shall pay to the Park Department the amount called for as the Land/Cash Donation for parks in the Subdivision Ordinance of the City as of the date of this Agreement,using the figure of 1.8 adult persons per dwelling unit to calculate the population of the Age-Restricted Residential Parcel. The Owner/Developer of the Age-Restricted Residential Parcel shall not donate any land to the Park Department. EXHIBIT K SIGNAGE 2 sets of the following(one each for the Conventional and Age-Restricted Residential Parcels): 6 Community ID Signs 20 x 10 ft. illuminated Double-faced 6 Directional Signs 6x4ft. Double-faces or A-Frame type (5 x 3) And 2 sets of the following(one each for single-family): 1 Information Center Sign 3x4ft. Double-faced 9"x 16"DF Hours Panel 1 Guest Parking Sign 3x4ft. Double-faced 10 USP Signs 2x2ft. Double-faced *Always include LHI Mortgage and Lakewood Warranty Info 1 Model ID Sign per Model 7" x 24" Double-faced 3 Flag Poles Illinois Flag US Flag Lakewood Flag 8 Open Flags 1 Awning Off-site signs within United City of Yorkville are subject to City approval. Monument signs are subject to City approval. EXHIBIT K-1 LOCATION OF MODEL HOMES IN THE AGE-RESTRICTED RESIDENTIAL PARCEL (SEE ATTACHED) EXHIBIT L FORM RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the day of , 2005, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and a(n) ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as ("Subdivision"). B. MPLIV 10, LLC, MPLIV 20, LLC, AND MLH Yorkville, LLC (collectively, the "Owners"), Pulte Home Corporation, a Michigan corporation, and the City have heretofore entered into that certain Annexation Agreement and Planned Development Agreement dated September 27, 2005 pertaining to the annexation and development of the Subdivision within the City, which was subsequently amended by the Owners, Lakewood Land L.L.C., and the City pursuant to that certain Amendment to Annexation Agreement and Planned Development Agreement dated , 2006 (as amended,the "Annexation Agreement"). C. Developer desires to recapture and allocable share of the costs of constructing certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ('Benefited Properties"), from the owners of the Benefited Properties ('Benefited Owners"). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto,the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment 'B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". There are a total of (___)Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s)which the Corporate Authorities of the City have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs". The Recaptured Costs for each of the Benefited Parcels shall be identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of percent (_%) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. A Benefited Owner shall become obligated to pay its Recapture Costs at such time as such Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Item by the City. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnity the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel are in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City for such Benefited Parcel within twenty (20) years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. (a) Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. (b) Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. (c) Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. (d) Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. (e) Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville 800 Game Farm Road Yorkville,IL 60540 Attn: City Clerk Tele: (630) 553-4350 Fax: (630) 553-8330 With a copy to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60540 Attn: John Wyeth,Esq. Attorney for United City of Yorkville Tele: (630) 553-4350 Fax: (630) 553-8330 If to DEVELOPER: Attn: Telephone: Fax: With a copy to: Attn: Telephone: Fax: (f) Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. (g) Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. (h) CWtions and Paragraph Headings: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. (i) Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. (j) Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: a(n) By: Name: Its: Attest: Name: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: EXHIBIT M INTENTIONALLY OMITTED EXHIBIT N PERIMETER ROADS FOR WHICH OWNERS AND/OR DEVELOPERS HAVE RESPONSIBILITY (SEE ATTACHED) EXHIBIT O ARCHITECTURAL ELEVATIONS AND ANTI-MONOTONY MATRIX FOR AGE- RESTRICTED RESIDENTIAL PARCEL (SEE ATTACHED) Grand Haven-Yorkville MANOR HOMES An"X"represents homes that are deemed similar enough to not be built adjacent to or Last Revised 10/5/06 across the street from each other. Escanaba Escanaba Escanaba Mackinac Mackinac Mackinac Saginaw Saginaw Saginaw Plan Number 1197 1398 1551 A B C A B C A B C Escanaba A X X Escanaba B X I X X Escanaba C X Mackinac A X Mackinac B X Mackinac C X Saginaw A X Saginaw B X Saginaw C X X 1197 X 1398 X 1551 X Grand Haven -Yorkville CLASSIC HOMES An"X"represents homes that are deemed similar enough to not be built adjacent to or Last Revised 10/5/06 across the street from each other. Plan Ogden Ogden Ogden Lake Lake Lake Cedar Cedar Cedar Syracuse Syracuse Syracuse Fremont Fremont Fremont Number Cove A Cove B Cove C Shore A Shore B Shore C Cove A Cove B Cove C A B C A B C Ogden Cove A X X Ogden Cove B X X Ogden Cove C X Lake Shore A X Lake Shore B X Lake Shore C X Cedar Cove A X Cedar Cove B X X Cedar Cove C X Syracuse A x Syracuse B X Syracuse C X X Fremont A X Fremont B X Fremont C X Grand Haven-Yorkville PREMIER SERIES Au"X"represents homes that are deemed similar enough to not be built adjacent to Last Revised 10/5/06 or across the street from each other. New New New New St. St. St. St. St. Plan Raleigh Raleigh Raleigh Raleigh Ellison Ellison Ellison Ellison Marquette Marquette Marquette Marquette Martin Martin Martin Martial Martin Number A B C D Port Port Port Port A B C D A B C D A B C D A B C D E Raleigh A x X Raleigh B X Raleigh C X X Raleigh D X X New Port A X New Port B X New Port C X X New Port D X X Ellison A X Ellison B % Ellison C X X Ellison D X X Marquette A X Marquette B X Marquette C X X Marquette D X X St.Martin A I X Y St.Martin B C St.Martin C X X St.Martin D X X St.Martin E X The Cedar • 60• sq. ft., Siding 2 Bedrooms, 2 Baths Family Room Elevabon The Classic Series by Lakewood Homes The Cedar Cove - 1,606 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Family Room :A Elevaafion B The Classic Series by Lakewood Homes The Cedar Cove - 1,606 sq. ft., Suing & Brick 2 Bedrooms, 2 Baths, Family Room r r t x Elevation C The Classic Series by Lakewooi Homes The Fremmt - 1,967 sq. ft., Siding 2 Bedrooms, 2 Baths, Family Roam & lien Mo low a_ M w ll s � j Beydon A The Classic Series by L � Homes The Fremont - 1,967 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Family Roam & Den Y i el h /�'f w•.-few nay �',s/� .•. ,�'"• . Eldon B The Chusic Series by lakewocd Hammes The Fremont - 1,967 sq. ft., Sk ing & Brick 2 Bedrooms, 2 Baths, Family Room & Den Aft`Y .Y§ • p ♦.' w,iA y .. E1efabw C The Classic Series by L*ew000d Homes • ' � � � MI ! . 1 Iii �� �� � � ��� f j ,� a. f _ .".F __ "+�s W.,y�,. ��'4... �, `�;- '�R >. .� �� _ �.� �� � � K._,._.... � ..� �"- .. 'w� � """'�"...�.,� "'. ,�: �ems. . ! 1 � The Lake Shore - 1,488 seq. ft., Siding & Brick 2 .Bedrooms, 2 Baths, Den _ arrrir n�i ui�� Elwabm B The Classic Series by Lakewood Homes The lake Shore - 1,488 sq. f t., Siding & Brick 2 Bedrooms, 2 Baths, Den •� 1 • ', w �.._ may. • .. -�"'�- t FJOVBbw c The Classic Series by Lakewood Homes The Ogden Cove - 1,397 sq. ft., Siding 2 Bedrooms, 2 Baths a k: Elevation A The Classic Series by Lakewood Homes The Ogden Cave - 1,397 sq. ft,, Siding & Brick 2 Bedrooms, 2 Baths I f Elevation B Ihe Classic Series her Lakewood Homes The Ogden Cove - 1,397 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths T y _.d as' »s 4 .F4 S� Elevation C The Classic Series by Lakewood Homes The Syracuse - 1,750 sic{, ft., Siding 2 Bedrooms, 2 Baths, Family Room & Den w �Y rte. w u.., Elevation A The Classic Sues by Likewood Homes The Syracuse - 1,750 sq. f t., Siding & Brick 2 Bedrooms, 2 Baths, Family Room & Den a e Y } E{evation B The aac Series by Lakewood Homes The Syracuse - 1,750 sq. f t., Siding & Brick 2 Bedrooms, 2 Baths, Family Room & Den IAXK f M� Elevation G The Classic Sores by Lakewood Homes Manor Series 1197 — Elevation 2, Brick with Porch 2 Bedrooms, 2 Baths Pr ty T - P` R! I� eulwljejd sujug Z `stuowpag Z T 3i;)i.ig 41 UOIJUAajl - 86CI sally JOURIV Ll mw. t �r 4- �1iR..y{aR3'. t i Sap..tqi'I Isujpt Z Ismooapag Z ga.iod qj!m sIUIP!S `Z UOIIUnalr4 -- I SSl saijas JOURN y x 4bc C0 1 o At r � t Am ►--� 4 i1YNpilli Now ,l At► a 4 ' Amm t The Escanaba - 1,100 sq. f t., Siding & Brick 2 Bedrooms, 2 Baths law r ■�Tr, The Manor Series by Lakewood Domes The Eacamba - 1,100 sq. f t., Siding & Brick 2 Bedrooms, 2 Baths y�I , w�VIA M ._ _ • w At r _ d 1 04 r ) �• The Manor Series by l2kewood Homes The Mackinac - 1,450 sq. ft., Siding 2 Bedrooms, 2 Baths, Den r 1 ` - .. ;.: 1'x..1 � T '� •vi ■ M ii ■ ml■ �` ``.r.• The Manor Serves by Lakewood Domes The Mackinac - 1,450 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Den a . F - '`' r�lwr�'•" : air ■ vS � ■ Mimi `` . 00 AL The Manor Series by Lakewood Homes s;DcuOH Wo Aq sgpx)S job aU im- Ab AdkL- AL c- )pIIS )S 2S `•�3 05V` - �� .L The Saginaw - 1, 50 sq. ft, Siding 2 Bedrooms, 2 Baths, Library All PR kid ilk AL r' r t � r ( 1� . ii The for Series by Lakewood Homes The Saginaw - 1,550 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Library low do F , y i III■K�IIr► ,.. ry • ! w The Manor Serves by Lakewood Homes The Saginaw - 1,550 sq. ft., Siding & Brick 2 Be&oorrs, 2 Baths, Library c oil ►�� iu ai M ■ The M or Series by Lakewood Homes The Ellison - 1,896 sq. ft., Siding 2 Bedrooms, 2 Baths, Den 1_. -1 .W ! III a R 0 qua., ♦. R Elect A The hm-der Series by Lakewood Homes 1 " • � � • i i " i � e f , e r s- Y anti � y y I do AS 1'' � ii 1 � iii x •' •• i • 11 The Ellison - 1,896 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Den 1t j r t' j V The Premier Series by Lakewood Hones The Ellison - 1,896 sq. ft., Siding & Brien 2 Bediwr s, 2 Barbs, Den AWW r« r a + ` W -.- "�' �! _ ElevAon D m - The Premier Sergi by Lakewood Homes The Marquette - 1,990 sq. ft., Siding 2 Bedrooms, 2 Baths, Family Roam PO t$ " �r Elevation A The Premier Series by Lakewood Homes The Marquette - 1,990 sq. ft., Suing & Brick 2 Bedrooms, 2 Paths, Family boom a.i4 ��;." _ �_ • f 9'U �'-�.� `.�'"*emu�", ,� Elan B The Premier Series by Lakewocxi Homes The Marquette - 1,'990 sq. ft-, Siding & Brick 2 Bedrooms, 2 Baths, Family loom - t f _ ^W Elem6on C The Premier Series by Lakewood Harries The Marquette - 1,990 sq. ft., Siding & Brick 2 Bedrooms, 2 Bath, Family Roam - � I ffiv- E18vkon D The der Series by Lakewood Homes —Me New Pbrt - 1,768 sq. ft., Siding 2 Bedrooms, 2 Baths, Den she r Elan A The Premier Series by 12kewood Homes T�e New Port - 1,76$ sq. ft., Siding & Brick 2 Bedrooms, Z Baths, Den r p t•RFv. 1 Eldon B T4he Premier Series by Lakewood Homes The New Pbrt - 1,768 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Den i xy s - Oevafion The Premier Series by Lake Brood Homes The New Port - 1,768 sq. f t., Siding & Brick 2 Beiwms, 2 Baths, Den I pp 10 77- i 3 { na A The Premier Series by Lakewood Homes The Raleigh - 1,604 sq. ft., Siding 2 Bedrooms, 2 Baths, Den 9 � y e. Elrvkon A The Premier Smes by Lakewood Hammes The Raleigh - 1,604 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Den r � s Elevation B The Premier Series by Lakewood Homes The Raleigh - 1,604 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Den - r kvr , E�, on C The Premier Series by Lakewood Dames The Raleigh - 1,604 sq. ft,, Siding & Brick 2 Bedrooms, 2 Baths, Den sM. _ a` - ,.,�.. Y The Premier Series by Lakewood Homes The St. Martin - 2,285 sq. ft., Siang 2 Bedrooms, 2 Baths, Family Roam & .Den .�� Tv Elevation A The Premier Series by Lakewood Hones The Sr. Martin - 2,285 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Family Roam & Den � M i E"ion B The Premier Series by Lakewood Hones The St. Martin - 27285 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Family Room & Den f The Premier Series by Lakewood Homes The St. Martin - 21285 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Fey Roam & Lien nib- W*.77'047- _ t 1S ■��t- + 1 The Premier Series by Lakewood Homes The St. Martin - 2,285 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Family Roam & Den s � r� j Elution E The Premier Series by Lakewood Homes EXHIBIT D W LAWBCAPF 6urrFa— PRIMARY ENTRANCE FOR ROADWAY CONNECTION6 p" CONVENTIONAL NEIGHBOP*KX PROVIDED TO ALIGN WITH THE ADJACENT APPROVED PLAT I _ a __ RDA _ r I i r ✓ FF E,� 1: e�wPowoao sYII (� T I E {i AL In w lly '- :� !� -en ,} <„wr • —__--__ to ' i 1 N �71t+-' j M mw {tt { ?R t +; � i7tj4e!tr�r �p owin�IeteAL .°I4 ”plN e 1 L t.l •:!—oar_. "A I — /� � PROVIDE LANDSCAPE 11 ALONG POWERLINES MANOR PRODUCT LOCATED AOIACENT TO.EXISTING POWERLINES VIEW ACROSS LAKE FROM MAIN ROAD T:s sllr�.l _ �? •#r" rYj. -� - -. . VICINITY MAP DRAT N.t.S.Q. \ OVERHEAD POWEEKm. II' DRAMATIC VIEWS AT TUMIAJS m�• e OF ENTRY DRIVE WND11 m AD, MAWR MANOR PRODUCT LOCATED O'LANDSCAPE EUFFER - ~WirwR `tJ - -^i�� --mf-�l�_i ADJACENT NT COMMERCIAL S iJ DEVELOPMENT m WIE I` MIeIM SECCNOARY COMMUNITY ENTRY ✓: fitwwowi000 f __ sL-i .1 ILI At- 3 EXPLORE_ FUTURE ROADWAY PER CITY OF - ' - f _ Nrw TE%PLORE OPPINK To O FOR YORKVILLE ROADWAY PLAN " r M am a , —PEDESTRIAN INK TO COMMERCIAL A._ yo Au _ DEVELOPMENT I A0. j - irNMMEM NBwVA AD. . • Y (AND USE SUMIMAY -- a 1 riiw p a�fy n.er AOIIVE ADULT Ft _a m tDt Y ' '—AMENITY(ENTER BET ON LAKE I- t r i[ - I�wwOwgDl M t s s is sr seA A0. _ - _WITH LONG VEWB OF WATER I Fn tsF t N wA. fik "W;A SECONDARY y.A.-rlCl!.S�S Wc/E M NI 4 NEIGHBORH OOD _ ENCLAVES EEE�LE'Die7i Ei OIAIwDI 1. J E:: «wN j wwtr A., � ZR �a '' •... 11 r� t ae wue ' ., •.eE \T„ ifi tp t tJ l � - 6. CONVENTIONAL CONVENTIONAL Ft Win$ S LANDSCAPE EASEMENT ALONG MERCIAL B BOUNDARY WITH COMMERCIAL DEVELOPMENT,EVENLY 7:.+•p- SPLIT I rF- us t. :: - BETWEEN LAND USES 00'CONSTRUCTION yE-Ly Je '` ACCESS EASEMENT _ - gill•IF �E {II� BONN tE-Ei ni PRMMY COMMUETY ^ r a. , e, AMENITY CENTER SET AT TERMIAIB it :I'o..,E r5'F n E r't,.rtE FL:..F,.F ealsT fe r.F..o>.. r'EK l rN.s F.R.E Es-+;ROSr=x.E v t.FE�.E >�_ I�. 7♦ MAIN '' 1 r-.:,.�1 M't `•\ t ACQUIRE SON CKIN CORNER RKETG TRAIL OVERLOOKING LAK A11GL E EASEMENT AT ENTRY PEAT ULAKE A A A ROUTE� 47 � ,I 1 t $YYL Tp+ \y puIte 7 k o .ro wo iew LOTTING ILLUSTRATIVE Feb. 23,2006 Scale:11" 8011Y SLCPlanning CEmstillanls PER SUBMITTED PRELIMINARY LANDSCAPE PLAN NORTH Date February 23.2006 lannim; 'In.+W.q+4.Laa Ox.• •rnxxm1h 14+rxL•y WESTHAVEN `se fttEingco pile..:oinbest,,aon All be cog compiled hom beslavailable mlormabon.All maD data YORKVILLE,ILLINOIS should be considered as"e'"'nhry.in need or vermcabon.and subject to charge. This land plan is conceptual in nature and does not represent any ieguiatoiy approval. Plan is subject to change R s ENGINEERING cor nac.PRELIMINARY P. U . D. PLAT M MMMOM DEL WEBB - �I�ISTHAVEN EXHIBIT E-1 - ,� �.. mr rIN.r.MO,IN..ePePw•P•o OVERALL DJLNO>8 '° �L' °�°° A PLANNED UNIT DEVELOPMENT CaWP'FILE 0—and fttmdw° PLOT FIIBSTANDARD PROPOSBD ZONING- R-3 P.U.D. law OVEPMU- IEP.AL.DES>M?PmL• �N '� 2650.15 N89°00'22"E -72 2648.05'14813 54'58'£ - -- --- - MAT PMT OF SECTION 6 7VWdW J7 NORRC RANGE 7,FAST OF THE MRO ]I - -- - - - -- - I PRINOPAL MEWENA N DESCRIBED AS FL1lLOWS DSMffNONG AT THE.SOUTFEAST CONNEN 6 p AlO FX NAB. OFON RH SOUMNEST OLUPIER ON SAID SEI:RCIN T ITHNCE ARRM 0 OEcm=TB N FDUUO PK MAP OORVf7f PC 2J SEOON05 NEST,ALORIp IRE EAST laE ON SAO Sf0UR/N6T OVARIE'R 11A04 FOND PR NM Ar CORNEA FEET TO A PINT ON ME QXM LINE OF GALENA RCN°PER PAT aT DESYGRCW At 0.1%JER FOUND 5/61 RUN ROD AEG1 WW AMW A IBM AS DOOARNT NUMBER 1451GJ FOR TIN PORT OF IREW104 I INENCE NORTH 74 DEfREEESS 77 ANOOS.m SMUNOS NWr ALONG SAID CENTER LNIE , �.,ar sov?Nmr e ( LOCATION MAP F O`ECT I76A07 FEET ro A POINT of OIINET k THENCE'NONT?n=W&r ALONG SAO GE LATER ONL6N E-Ir AAA UANE BEND ALONG A a W ro nN R/CNT VAIN A RADIUS OF 4247&WD FEET AND A I IeGf-1 CHORO MOANING OF NO IN 7J WUNEES N 000IUDa 15 SECONDS WW ,,AN ARC LENGTH I 3114001-DISTRICT:YDRKVILLE CLISO#1 13 I OF a0.2T FEED THENCE NORTH 7J DEGREES 0 IINNES GO SECOOS NEST,ALONG I FIRE DIrTRICT:WRIST0L-KENOALL FIRE sw CORER LM 21.67 FEET TO A POINT ON THE NEST UNE OF SAO SOUTHWEST I PROTECTION DISTRICT i - v I OUTER:110/CE NORTH O OEDREE4 16 MINUTES A SEDMDS NEST,ALONG SAO NEST UAIE 4577 FEET TO ME NORMNEST OOMFF OF SAID SOUTHWEST OURIM RENO£ NW M "47 F Awn NORTH Of DEOEES 14 MINUTES FIT SECOlOS NEST,ALONG THE NEST UE OF THE N07TNNEST O AR7ER OF SAID SECTION 4 SM61 FEET TD A POINT NIICN IS 2.X&OO w HATCHED AREAS DENOTE PRIVATE ROAD h U77LITY EASEMENT. FEET SDUREm.Y OF(AS MEASURED ALQVG 5A0 NEST U TRUE ACRiMIEST CORNER OF I I PRIVA7E ROADWAY EASEMENT 70 BE OWNED AND MAINTAINED BY Unu SAW NOMNESr WUARTU t RENKE NORTH 60 DE w.1-Od MNUTES 50 SMONDS EAST, 1 THE HONI£ONNERS ASSOCIATION.ROADWAY EASEMENT PROVISIONS I ASSUB71127 TO A PINT ON THE EAST LIE OF SAID AIORMIIEST OLwmR 041-'14Is I DO TO B£PROVIDED ON FINAL SUBO/VISION PLAT. ANrPAar ;JI&70 PEET swomr OF(As AEA90ED ALONG sm EAST U NO TiH N0R7FE.tST I N I raAw fiy Owe XRRER OF SAID NORTHWEST OUAR7M ITENTE NORM O OMMES is UNITES v I m SCOWS NEST,ALONG THE EAST UN OF S'AO NORMNEST WARFE L 24450 FEET TO A c A BLANKET UAUTY, DRAINAGE AND PEDESTRIAN EASEMENT PER TH£EASEMENT PROVISIONS SHOMN HEREON,IS HEIRIDY ipO POINT ON THE SW 32I.Y AWE OF fl SODS EAYT,AL EGU?HE RUNT UV WF E4M TF S41 XX)(.NXf-RECORD DISTANCE I-"w NORTH 87 DECREES 52 MNUT O Sr V,2J3S EASE,FEET? TH ME SOUTH 00 ENE EF SAID I� MXX=MEASURED DISTANCE w DEDICATED OVER ALL OPEN SPACE L07S a•F au WMYES 21 E ONDS SrJ OF WHY,E.Z M A 7//R/CE SOUTH ODE OF SAID Of OI ")I m IV 10R/TES!i SECONDS EAST,]444„A FEET ro A PONT PON 01 RE CENTER LINE OF SAID o N C.Q i GALENA NOW THAT 6 236648 FEET SDUWASIMY OF(AS EEASURSD ALONG SAID I O 0a w z g LL B 1 CRIER LINO THE POINT OF BEON IFS INOVI E NORIUM37SLY ALONG SAO VENTER Z o r O! SMITH ENGAEMWAG CM TACTI OT -•�`T` /AE OEM ALONG A CURW M THE LEFT WITH A RADIUS OF 1&3727.7)FEET AND A I p+. Q ` ° CMpPO aEARNO Or NWI N 74 W&TEES'DO AWWW 5J SECONDS MIST,AN ARC LENGTH I j a I PETER J. HUINKER P.E. DIRECTOR OF OFFICE OPERA710NS WF)00.16 FEED, DHNCE NORM 74 DECREES W4 DUNES m SEemes NEST,ALCM. A W I w5 (630)553-7560 (z & - 9AD�IV7ER ERE I57a72 FEET ro 714E PDNi OF 6EfAlIWIWR IN IIWISTDL roINVSNB? IyT I CRAIG L OUT P.L.S. SENIOR SURVEYOR .rme NExIaAtL OONANTT;LUNQM I co (630)553-7560 r v I I w NOT TO SCALE I I I I FDMD 11*W PIPE I y AceX QF S D.JY Ntr&DIX WLY , F IR WNNOMMCALI EDLSGN IOCNT-OF-war 0 Z I-+ Pa.N.a2-W5-x0o-0o] 1. COVER SfiEET-OVERALL SITE COMONWEALM EDISON RIGHT-OF-WAY 2334.69'N87°52'51'E 2 DETAILS k NOTES cowoNNEALTIH ED SW PoGHT-OF-WAY P.I.N.02-0.5-100-004 p PJ.N.Ox-Oi-100-002 S NEIGHBORHOOD It -CLASSICS Qa w a r�o Q.P�$�`+f jT.�+p F (I POJ.WNN.E0Rw2:-,K s O S-SC10H0 U-LT0Z 0.1 r a r r w r+n w c n +' ,u r m I.. NEIGHBORHOOD 1,2 CLASSICS S 5-8 NEIGHBRHOOD 13-CLASSICS PowERL K.sC HATZ r1 7.-d NET"ORHOOD jMANOR .I.N. U-0° 9-10 NEHORHOOD 5 PREMERS (EpgTMG ZONING A-1)FOUND/'WW PIPE NEIGHBORHOOD MANOR (DUSTING NG ZONING A-1) aa2YLr!a0sr NEIGHBORHOOD 17-PREMERS 2608!1488°OB'SE 4-75 NEIGHBORHOOD 0-PREMERS 1 -.. I 16. NEIGHBORHOOD 19-MANOR- CLASSICS 17, I& NET"ORHOOD 10” m r •s i6 n r n r w le 19.-20. NEIGHBORHOOD r�- CLASSICS ««w a s r • + +� 21.-22 NEIGHBORHOOD j12-MANOR U' I w m a n m >I s a m 2J.-24. NEIGHBORHOOD J IJ- CLASSICS T, 25 AMEMTY CENTER�a _ BOULEVARD DEL �I'CiSTI i o m a �+ °a a 26.-32 NE THAVENCBOULEVARD ? ff r r —— s - - --- PREPARED 0 / /20061 - m „ a .. 2.47'148T29 3? - w _ N r JrP \e\ 5 MITI PIPE PREPARFFI RY•f 1 r - - a 2652.741487°29'33'£ 02 23 a r r w E+ WNFk _ R m m R e r am +r+•w O n „ r I CRAIG L DUY FOUND I.ZS1 Ip w ra r a ew +1 w ( OMER:NDHYORKUIUE LLUC G) r A w m n I ILUNOIS PROFESSIONAL LAND SURVEYOR AON PPE P.I.N.02-05-400-001 No. 3359(EXPRS 11/30/06)AT COINER PER DUSTING ZONING R-S PUG) (PROPOSED ZONING R-3 PDOC NO 05-10.5 W$ o r am r r a R f r a s a a w a N w $ ig EAST BEECHER ROAD TO BE DEDICATED v TO THE UN17ED CITY OF YCMKNLLE ) THE RNA1 CONFIGURATION, LOCA770N AND r r w a w •' a s s n r ° ° w 'F, P I WDTH OF THE PROPOSED BEECIIFJP ROAD RIGHT-OF-WAY SHALL BE DETERMINED AT 'r r w r r z a A+ANm IaRIZN w r om a n R `o n l FINAL PLATTING OF THE AFFECTED UNITS E>asG w +s w r r r y r ITT PAE 60' s a r a •• 2w r r n n w r a g� `Rm`- S2 5`\1 �I`ra'.,"p g,�\,`. V m \O„+• f B p� w q �r D��•r, s aa r r a a a r a m ran g'� •a+•”�s at71 w M u+ a rar a '.'z+ r °•u r r w f u rf,mw w rf x r s r ss r a ss r f r ar r w.m wa+fr r n r r a w+a a r m;f I$ —T- AT 3 @ W Lh-q28 gI CB /7BT .DD 23 3,4 8. ION a ! Ern GRAPHIC SCALE 1 lh I I m w •f r n r ffi w r m d,r w r -XO 0 +R 410 ICI LEON NORTH LINE OF G4DMVA ROAD -\ O u n r « I I `bs I �NO iu�93 62.W \ � r a I I J r r SO1°18WE a w O « r (TR-BO) OWNER:AURORA-300-006 INC, P.O& P.I.N.0G ZOM X10-005 'ICI (EX6RNG ZONING A-1) p FDUAD I. PPE t0 YOF z a awiw E M �(tj `\. Aa0' PMPANARY PLAT 0= SC.BDIVS* p O I OWNER FRANK NAYMELL �1a m0TOB _. a DS WES - VWS MV RUU.!J.ODA+,T PJK 02-05-300-002 FOR ROADMWY PURPOSES OWNER:RICHARD k NENRIETTA J `� FOUND 314'WON PPE OVWALL (EXISTING ZONING R-2)-.0.G P.IN.02-0SSER 004 J `( ` - AT CORNER root: I R LLOYDS FOUND 11 WON PIPE (EXISTING ZONING R-2) I AT CORNER ,N 2653.56 1487°33'11°E -L'BCFJT B 3—-�` e PENSIONS DYIN BY: NT DAIS: PROJECT 140. -N R. _- --- 6 4 ` _- - D'6 L .A'S D. 2-1. JGS t7?-23-06 NEBB-080098.0; qfD 76 _ 3°w ovm�rc WESTBURY vNH.nce E D9/EM: NT NORM SCALE; SHEER N0. OCEAN LAN I 300' 7 5 Pa:.02-05A-400-TIC 005 N, CHK BY: . VERT SCALE.p (EXISTING ZONING R-2&B-3) NTy CLD N A .. i I _ l s SMI H ENGINEERING CONSULTANTS; INC. 4 CIYIIVtf17t11t.'POB►L ENGVUMM I11D 8(IRVSra115 PRELIMINARY P. U . D. PLAT & PLAN -� ��� ...� DEL WEBB — �l S T H Alf E l�I -d ' 6 ,,L6,_aa6LO cores PatJ Co—ca eaa��� PLOT f71E:STANUW 1 0 NOTET&OETAU A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. i I CITY OF YORKVILLE R-3 PROPOSED DEL WEBB RESIDENTIAL PROPOSED DEL WEBB RESIDENTIAL PROPOSED DEL WEBB RESIDENTIAL RESIDENTIAL LOT STANDARDS: PREMIER LOT STANDARDS: CLASSIC LOT STANDARDS: MANOR LOT STANDARDS: SINGLE FAMILY DETACHED •Typical Lot Width 65' •Typical Lot Width 50' •Typical Lot Width 43' •Typical Lot Depth 110' •Typical Lot Depth 110' a Typical Lot Depth 114' •Typical Lot Width 70' •Typical Lot Depth NIA •R.O.W.Width: 60' •R.O.W.Width: 60' •Pavement Width: 26' •Front Yard Setback: 20' •Front Yard Setback: 20' •Front Yard Setback`: 20' •R.O.W.Width: 66' •Side Yana Setback: 5' (20'on comer lots) •Side Yard Setback: 5' (20'on comer lots) •Side Yard Setback: T&5' (20'on comer lots) •Front Yard Setback: 30' •Rear Yard Setback: 20' •Rear Yard Setback: 20' •Rear Yard Setback: 20' •Side Yard Setback: 10' (20'on comer lots) •Rear Yard Setback: 30' Minimum Lot Size:7,244 s.f. Minimum Lot Size:5,610 s.f. Minimum Lot Size:4,892 0. Average Lot Size:8,980 s.f. Average Lot Size:6,722 s.f. Average Lot Size:5,847 s.f. Minimum Lot Size:9,000 s.f. TYPICAL LOT DIAGRAM: TYPICAL LOT DIAGRAM: TYPICAL LOT DIAGRAM: - TYPICAL LOT DIAGRAM: W Ta Final Maa7 60' 65' I I b i I it llb I z "i I ll; ili ll I i ill 111 ill ll l I b I 3 lk b b - PREMIER LOT NEIGHBORHOODS: CLASSIC LOT NEIGHBORHOODS: MANOR LOT NEIGHBORHOODS: _------ _ _ _ __ NEIGHBORHOOD 15 _- NEIGHBORHOOD #1 NEIGHBORHOOSf2 (MODEL PARK) NEIGHBORHOOD #2 (MODEL PARK) NEIGHBORHOOD 12 (MODEL PARK) NEIGHBORHOOD 14 NEIGHBORHOOD jf7 NEIGHBORHOOD f3 NEIGHBORHOOD #6 NEIGHBORHOOD #8 NEIGHBORHOOD #10 NEIGHBORHOOD If9 NEIGHBORHOOD ill NEIGHBORHOOD 112 NEIGHBORHOOD #13 SAGLEFA1IALY (CLASSIC E PRSW1iW LOTS) Sf'11GLE-PA Y Q4AM02 LOTS) SETBACK A6d7 EASINME DEMA2 SETBACK AAD EASEMIIT DETA� ALL LOTS SHALL i1AVE p 0 FOOT ALL LOTS S14ALL HAVE IQO FOOT FKVW,, 10.0 POOT REAR AAD 5 FOOT F OW,, 10.0 FOOT REAR AAD 5 FOOT SIDE UTLIIT 6 ORANAGE EA551VIO ,% SIDE UTLITr F V ANAGE EAS %OWS, EiBv fARl.'S NO LA LESS OT7-MKISE A107ED NO1F5: LALEW OTPERK W N078D 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS 07HL TKSE INDICATED 1. EASEMENT DIMENSIONS ARE TTPICAL UNLESS OTNE.RM9SF INDICATED CHISELED SQUARE ON THE NORTHEAST CORNER OF 4 LA11t0 L1SE SLA/bbfA2Y HEADWALL OF A BOX CULVERT(RUNS UNDER RTE 47)ON 2 WHERE CITY STORM SEWER$ SANITARY SEWERS OR WATER 2. WHERE CITY STORM SEWERS, SANITARY SEWERS OR WATER X OF 7HE EAST SIDE OF RTE 47 AND APPROXIMATELY 927 FEET MAINS ARE RUN ALONG SIDE LOT LINES A MINIMUM 20 FOOT WIDE MAINS ARE RUN ALONG SIDE LOT LINES,A MINIMUM 20 FOOT WDE LAND USE ACREAGE TOTAL ACRES AA49VTY [ENMM 817E DATA, SOUTHERLY OF THE NORTHEAST CORNER OF PROPERTY. ; (10 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT (10 FEET EACH SIDE)PUBLIC U77LITY AND DRAINAGE EASEMENT PREMIER C 7S J7.54 C. lag ELEVATION 629.50'(NGVD 29) SHALL BE PROVIDED SHALL BE PROVIDED. CLASSIC LOTS 6527 oa 21X LOT SIZE:FOOT ACRES MANOR LO 56.11 as 1BX • BUILDING FOOT PRINT: (25,000 t SD FT.) CHISELED SQUARE ON THE NORTHEAST WINGWALL OF r10'P.U.&O.E r10'P.U.&O.E. AMENITY CENTER 6.35 as 29 7HE BRIDGE ON GALENA ROAD OVER THE ROB ROY CREEK. 1 — 0 P.U.&D.E —— — 10'P.U.&O.E RETENTION&OPEN SPACE 81.48 ac. 26X • NUMBER OF REGULAR PARKING STALLS- 159 ELEVA7ION 651.41'(MGM 29)(OBSERVED USING CPS ROADWAY EAEMENT 64.22 as 20% NUMBER OF HANDICAP STALLS 6 OSSER VA 71ONS) ——— — �•REAR EXTERNAL R.O.W. TO BE DEDICATED GALENA ROAD 4.91 as 1 20'REAR 10� SETBACK EXTERNAL R.O.W.HERETOFORE OEDTCA7E0 GALENA ROAD 4.72 oa 2X TOTAL NUMBER STALLS 765 P.U.dD.E I I SETBACK P.U.&O.E.I I LINE TOTAL GROSS ACRES J14.80 as 100X TYPICAL PARKING MID7N 9.0' 5' LINE ii JO'MIN. SIDE P.U.&O.E. SETBACK 10'MIN SIDE Number of'Premier"residential lots: 153 TYPICAL PARKING LENGTH 185' LINE(TOTAL) SETBACK Number of'Classic'resldentlal lots: 42J LINE(TOTAL Ma^or OaN LINE(TOTAL) Number of Manor'res7deiUol lots: 418 ) s' Nome Home h--10'P.U.&O.E. Gross Density: J.2 du_/oe; Allowable Density(R-3)is 5.0 �Y F A T � SLEavmoN 70' 5'B.SL Not Denalty: 86 du./aa _ ���5� P.U.&D.E P.U.&D.f. 5'P.UctD.E. SETBACK 5'P.U.&O,E 5mgle Family Tremler'Lot Summary(153 lots} Mln. 7,244 sf.; Mar. 74,%7 sf.;A�eroge Q%D s.f. CEN7IFLINE DQ kNEBB - INE$774AV ?d.tD. Sngle Family'Classic'Lot Summary(42J lots): Min. 5,670 SJ..; Max. 11,405 s.f.;Average 6,722 a.f. BOUNDARY LINE DETALS �f0'P.U.&D.E. J — � OHS'- �10'P.U.drD.E. Sa+g/e Family"Vonor Lot Summary(418 lots): Min. 4,692 s.f.; May- 1Z2B3 sl.;Average 5,847 s.l. YoaK_ lE LL. ROADWAY EASEMENT 20'FRONT �' _ - 20'FRONT -- EXISTING ZONING IS UNITED CITY OF YORKWLLE R-2&R-3 S£TBAQK 3 SETBACK 3 PROPOSED ZONING I5 R-J P.U.D. LOT LINE LINE c VW-7 LINE ¢ 577 BUILDING SETBACK LINE 1. 0.T-2s-Or S w NT: 02-2J-06 WEBB- .os0098.07 PLINROPER7Y O� W STRUT PROPERTY W z DSN 6Y: NT: Hn SCALE SHEET N0. -- -- - -—NOT TO SCALE LINE - -- --—NOT TO SCALE — —— —— EASEMENT LINE ,_ - N01,E a CHK BY: NT: PERT SCALE: c'I fl aD NA I = SMTfH ENGINEERING CONSULTANTS; INC. PRELIMINARY P. U . D. PLAT � M _M _R T oSx�URR auff DEL WEBB - WESTHAVEN 1 ir Itf117D171 IBommON i EI�L,1.4-OODLOB or BUILDING w+Drr(arsersacic UNIT # i WM asuaw-1 LOT NO. WIDTH LOT NO. WIDTH Nlx -1 CURVE TABLE I 1 5100 22 51.09 2 51.00 23 51.10 A P LA N N E D U N 1 T DEVELOPMENT CURVE LENGTH RADIUS CHORD HORD BEA NG 3 61.00 24 7x49 PROPOSED ZONING - R-3 P.U.D. 4 5LM 25 51.00 q 22.83 25.00 22.05 N4e57'49 5 51.14 26 51.00 - - _ _ �- - -' I ` \ C2 3927 25.0 2235 N42.57'22'E 6 51.14 27 51.00 _ - -� I - - _ C3 39.27 25.00 35.36 S49.41'38'C 7 51.22 28 51.00 1 5.04'SO4°41'38'E _ _ I -�-_ \ ca 39.27 zs.0o 355.36 N4o•1e'2z•E 8 51.00 29 52559 11 1w4�.��� E - �� cs 22.83 26.00 22.05 N43.53'41•� 9 51.00 30 51.00 _ _ 1 CH=12.62 CB=NO3°44'33'W N 18' \ c6 22Bi 25.00 22.05 SO6 26'07 C !0 51.00 31 51.00 - -- 293. 170.00'- ct C7 39.27 25.00 35.36 S62.43'47'W 11 52.00 32 53.00 \ C8 36.42 25.00 33.28 530.32'23'1 12 51.00 33 51.0 18'22" N3Q•3259°E 123BB` -1m m LOT1 8 1Q 3}3• '$76 �j�� C9 133.90 300.00 132.79 N81.54'27.1.t Serra SF 15' `� �t/[d.�`�. 13 5100 34 5100 214.36'N65° 133.82 �1 (- o 5 � 'E �C C10 136.98 350.00 136.11 S83'28'S6'E _ 'N - �733.87'� WI a I LOT 41 0 I g� , (' g,7Y �,Q n� Cu 136.98 350.00 136.11 N06.31'04'E' 14 47.06 33 65.72 -154.36 r "? 4467 IF 15 67.97 36 65.00 0 LOT 37 N85 o 16 6520 37 5355 ,rrm J 78.22'E m \ m LOT 38 Im � (---129..38- m o 2 � •5-7+x*?' 7 �� , 16 652 3e 7136 "^�L- 4411 IF 20' �a �I fD'4+39 SF h 1A3r2 i„ I J+ !0 r s/ •oO' m �( j�P.U- D�F 5, g r m 44/0 SF t5• $`d 4,7�e SF ta5° LOT 5 •vi nhj / P.U. / l r�• S`� 18 51.00 39 65.49 W f _ -159.Br -- L --IJ7.J,7- i- Lora $ +_.4� £F N• LOT6 >, I" / s ��'y 19 51.00 40 51.00 1 -N8373'Og'y._ - I 15' d73e SF - -110.00'- m 9� 7,7,0 sF y,'�i /✓u �/ �� 8•�` - - 20 SL00 41 51.00 ai f0' y rS852B'bl E y p,U&p,E J m F I b y LOT7 ^s P. E. + - -134.86- Y �N85'IB'22•-15, m I 10' I w S.F. h M /� lO7B 21 51.00 LOT 9S 5' a m 7.807 '..b t� zo' -sBSTB22•w--1 8 LOT m I 2 .Z �p d431 IF f� i �` IS' P.0 d•D. 20' I �q�7.210 SFq LOT 38 I F 20' g "� 7.726 SF. I$ .51. / / 'Y �r ry Cf `�' b • 14752 SF. h• B..SL I p'. + 31'1 LOT S. - 1 I i I LOT 39 il' L r L 1 L= 10' `V 5676 SF_�• `�v 3960 SF. J I 37.281 9 1=48.73 4B LOT„ ty I LOT 31 J 9/ 7.148 SF.b vA 7.759;3 / `120 42 8246' sg/. Lo.2e t ` L-34. 15' 76 � \J y 4awq! /�• ! \\\ 10733 - `' _ 7,,26£F V N 330 •b f-,'V7g E/ l$ / �L�B.05 51.00• 38.80' 51.00' x51.00' 51.00-II 673 w - . 1= r, 1 57.00' - 1 10' 3 20' xl0y. 37.99' 1 Q y , '�9 2.20 v� P U.&D. I I N 585°21'52"1N / �O LOT 32 ! LOT 24 LOT 18 g / ! / 7,209 S.F. 10' 8196 SF. A 3 5' y _ +-- o LOT 17 p 8,447£F.1.y LOT IF. r (O iS 'l7 P.U. E. 9 • I In O-• o LOT 19+.O LOT 18 4670 SF.y o 4811 $•b�' p'3 tg I'7 6 'G F aa'O S6f0 SF. O m 1� / �` O C7 �d•�b �NTly'[75'� 1?7 5' 1� I i b L0T 20 a$5610 SF.t�-i$ �' m y 'O'bry q / �NG y sy3k h g s. s� sr o ^ LOT Nd667£F.m 8 m m I ^R I I I ELOT14"/ h y \ 7y6. LAT 22 c°8JB2 SF t° i LOT 31 y'1 20' 1,)E J yA LOT 23 C o 8458£F. ° �; I I J I / 5999 SF�bb ro / lam[ 09 \' ogre / 7V A92J Sr LO7ffi 7,111 SF. 5. h I 2 �n9sD` 4,00 sF 10' ° �-- to'I I ' L L J `-s1-oo'J s-oo 4a v4' 455 S.J `v"n w h` `N'j76J3W.'�11 60 �/�f P.U.d7D.E In N I I 51.05' L 51.00' 78'22"E NB979'S0 E s>•i 5g, I u�. r 51.0.5' 153.00'N85 09 E• dQ6 \ _ J N / LOT SF. LOT 30 J x-6212 ' 'E 10'D&U.E. 10712 M L 4898 SF S Y6/3E` xSB,50.26' N62'46.1 214.48' S 9 I 77$93, /yry u LOT 78 -7 �9• [/ try h JS / 00• L cd 5.P.U.dcD.EL0T 29 � air S� y �� 5j�� / / I I �-7.2315E mr y1iJ 7s13f�`` ^ 9br/s S 19 LOT Z7 5705 IF .~ o N2534*9 Qp�7 10y1 � /� •T S6• •a '� `` X58- UhD.£. sF 1 _ - ` ` . Z N• 1/79)O` /� ^ / II '" LOT 42 P 1 ` 249,379 SF. 4 ry 5'P.U&O.E STORMWA7ER MANAGEMENT y / (TD BE CONVEYED TO 771E H.O.A.) ro V / Cb b 7 20'TO BE CONVEYED N M 770 KENDALL CAr F�_ALY (a A$SEIC 9 PrRMAR LOTS) ` 83 FOR ROADWAY CORN SES J / / C O Marx AAQ EAS�VT DETAL `•58'N74. / !/ WE TN ND #2 ALL LOTS SHALL NAVE 10.0 FOOT ? °W NORTH LINE OF GALENA ROAD R7pNT, 10.0 FOOT REAP AND 5 FOOT HERETOFORE DEDICATED PER f JrbE QTY a DRA14AGE EA_ DOC NO. 145193 / UK.ESS OTHi32Wl3E NOTED ` l NO P J.EASEMENT DINENS%ONS ARE TYPICAL UNLESS OTHERWISE INOCAlED HATCHED AREAS DENOTE PRIVATE ROAD&U77LITY EASEMENT. \ I PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY 2 WHERE CITY STORM SEWERS SANITARY SEWERS OR WATER THE HOMEOWNERS ASSOCIA710N.ROADWAY EASEMENT PROVISIONS MAWS ARE RUN ALONG SIDE LOT LINES;A MINIMUM 20 FOOT WIDE TO BE PROVIDED ON FINAL SUBDIW570N PLAT. (10 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT T SHALL BE PROVIDED A BLANKET UTILITY,DRAINAGE AND PEDESTRIAN EASEMENT GALS O �� / GRAPHIC SCALE PER THE EASEMENT PROVISIONS SHONN HEREON, IS HEREBY A 70'P.U&D.E OEDICATED OVER ALL OPEN SPACE LOTS V o 35,2.0.8, �4° ?"W 1 R=25.00 10'P.U&D.E C71=4.33 B=N6 0 5f 2 4E - - - --- ( I NOTES- 0 �- \ `\` ( 1 inch nett h-50 A ) 20'REAR I. ANNOTA770N ABBRENA710NS- I .U.&O.E. SETBACK B.S.L. =BUILDING SE78ACK LINE 5' I LINE POB=POINT OF BEGINNING PQE WARY RUD. PLAT 10'MIN.&VE P.U&O.E. POC=POINT OF COMMENCEMENT SETBACK I PU&D.E =PUBLIC UTILITY&DRAINAGE EASEMENT DEL WEBS��S - WES774A VEV LINE(TOTAL) I S.M.E =S7OtMWATER MANAGEMENT LAM I l3P U�dT 1.7/ T.A.F= TEMPORARY ACCESS EASEMENT t0' S'B.S.L LE. -LANDSCAPE EASEMENT - CENTERLINE X YOIPKVLl.E-. L ivol5 P.UkD.E -+{I 5'P.U.&D.E. H.O.A. =HOMEOWNER'S ASSOGA DON LAND USE ACREAGE TOTAL ACRES L- - -I to'P.U&0.E R.E =ROADWAY EASFJdENT BOUNDARY LMTE RETEN FAMILY DETACHED 6.52 ae 455 I L J IL1L 2 THIS PROPERTY IS N97HIN THE CORPORATE LIMITS OF 7H£UNITED CITY OF YORKVILLE. -- ROADWAY EASEMENT R£7ENflON&OPEN SPACE LOT 42 5.72 as 39x 7i/ J 3 OMENSIO'15 ALONG CURVES ARE ARC DISTANCES UNLESS OTHER{MSE NOTED- ROADWAY EASEMENT 0T 43 226 ac 16% TOTAL--ACRES 14.50 ec loax REV19d15 DWN BY: NT: DATE: PROJECa N0, LOT LINE 2�O� T 3 W 4.NO DIMENSIONS SHALL BE ASSUMED BY SCALING TOTAL RESIDENOAL 1075=47 I. 375 ei-?3-06 .ADS 172-23-06 WEBS-t)B 98.01 LINE S. EXISTING ZONING 15 UNITED CITY OF YOZKVILI£R-2&R-3 BUILDING SETBACK LINE LARGEST REWDEN77AL LOT SIZE- 10,753 S.F. Z DSN BY: NT. HOPoZ SCALE SHEET N0. PROPERTY W STREET 6. WETLAND STUDY TO BE REVIE:W£D BY CITY PRIOR TO FINAL ENGNEEPoNG -- --- AVERA E RES70f]77AL LOT SIZE= ,928 S:F. Al t''�I -UNE _ - - - -NOT TO SCALE 7. 1075 42&43 70 BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIA RON. - EASEMENT LINE AVERAGE RESIDLN7IAL LOT SIZE=6,928 5F. a CHK BY: NT: VERi SCALE: - - S (XD NA i 4 snlr F FAAA�Y o►�ANae LOTS) PRELIMINARY P. U . D. PLAT SMITH ENGINEERING Emc�CON=SMWE TS INC. /� ...c1RB/B1sBCrua"c nNCa®o exD Buteceroe® SACK AND 6AT D=TAL T _ /� EL WEBB WESTHAVEi�I _ � sul LOTS s✓-14►tc fl�►vP lao Foot ze:.>p-ms-,�+ tee+- FI2ICNVT• Aao FOOT REAR A1D 5 MOOT a3n1o1e rao�Bloa"1 namal sDO[i 1ea-000loe ` � LAVFSS OTA•B2WlSE No ` \� � '�Y�1\, UNIT �#2 /' \ a°te+o 1.EASEMENT DwENS1oNS ARE TYPICAL UNLESS OTNERWr3E RA7/CA 7ED �`C~ A PLANNED U N 1 T DEVELOPMENT / ' r d LSE ?Y ' 2 *;ERE CITY STORM SEWERS SANITARY SEWERS OR WATER ` LAND USE ACREAGE TOTAL ACRES MAINS ARE RUN ALONG SIDE LOT UNE$A MINIMUM 20 FOOT WIDE "�J � PROPOSED ZONING N 1 N G - R-3 P.U.D. / �� (10 FEET EACH SID)PUBLIC UTILITY AND DRAINAGE EASEMENT \`` % j � SINGLE FAMR.Y DETACHED-GUSSIC LOTS 1-J, B-!1 h 14-31 4.66 ac JUX i 'h6 !/ 41` SINGLE FAMILY DETACHED-MANOR---'LOTS 4 X a32 am 24 SHALL BE�RONDE(D".�O'PUdrl1.E '/' / ^\ $- t5B SINGLE AMILY DETACHED-.PREMIER OTS I2 d 13 0.48 x 4A P.U�O.E. ��.�_ - - _ RF7EN71QN X LiPDV SPACE LOT J2 5. ac 4.7,T L - 5 \ ` T1M IF. \ ROADWAY EASEMENT LOT 33 2 ae 1Si 20' TOT GROSS ACRES 13.oa ae. 1 REAR 7 153.00' f0• /\ \ ,_$ S c� 707-AL RESAMW77AL L073-j3f SETBACK \ 57 '�1°43'pg+E P.0 5�' \,�� L0T 90 `f�� LARGEST RESIDEN77AL LOT SIZE= 11.025 SF. I~ �' \ SMALLES RESWDV77AL LOT SIZE-.A760!SF. P.U.&D.E. LINE / W 5f - a✓�,ax7s3 sF 4. � (- "`mil 51. 71$_$8. � \ � � AVERAGE' RESIOENiIAI LOT SIZE=7,673$F. SETBACK I 10'MIN.SIDE \ I r '+'� S� �_ \ ` / ' I �Q6�• °E 59 Z� ao78�SF. I LINE(TOTAL)� ��� O I 5' ,nor Qr UNE(TOTAL) m 'N r4 . �. Es�s \ ►1 SING F-FAAL Y (GYAS$/C f a@2d R LOTW P.U.dcO.. Name M1Qn e 1 � °!LOT 22 u b LOT 23 I � f0' i �? o..o. g - _ �l �, A Nom �+--10'P.UQrO.E Z xno sr.o f,a3 SF.� ! ^ate, a3�o8 \ V4� SE78aCX P.U.M7.E f / rn I °• z393 sFg y f / / rL, ►g All LOTS SHALL HAVE AO.O FOOT 0 P.U.&D.E I y tf b LOT 26 N - / a r a3sz sF ,rte t5' FRONT, Aao FOOT AFAR AND 5 FOOT L>b3.59 ` JI =H �'1Q• LOT 28 �y, - c^ �A \ P t& � LITLITY F. CRANAGE J. 20'FRONT y 2 -- L-53.70 R�5. <� 2 ,, a791 IF.h^.L1j \ J� a LoTI SETBACK 3 Yi T CHI. 2 s� I 1 = 5 '' v �'11 �n�i77sa s 15,��. NO1ES LPLE5S OTFERWISE NOTED . LINE p Ci 'V I 5' 1 "7 /\ - 1.EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERN95E INDIC410 Q 1n /CB=S30°27'1 / h Lors7 /\ a`T-m o' ' �1 / 2 WHERE CITY STORM SEERS SANITARY SEIr£Rs OR WATER '. PROPERTY O STREET 2 1a 123 7 4' LAT2 W ®/ L� 51 V y9 \ MAINS ARE RUN ALONG SIDE LOT LMIES A M/NMUM 20 FOOT WOE -NOT TO SCALE J 0.00' 16 a443 j ` l 70' �ti' 60• `�o /00 (10 FEET EACH I PUBLIC U781TY AND DRAINAGE EASEMENT 7°58'20"E 'T Cad\ PUtD.E. \. i.$_ \�11' / SHALLBE FRONDED. % 0.0 BJ? <� 0� �4 LOTS r\� / / 0'P.U@D.E li 9 ✓ Lora 15 'r/ eI 48.87 \ i - - f S+ 3„' �2� LOT 21 i� ?e 64 L�f.� \ zsm IF / i\ Lr� p S49° 8"W \� Q� // `See b / 4389 SF.. < \d d P.U.�D.E. its 7 'jo 10' �4a„ �'Idl l \2S g� 1s lj`�9 i ro MIN, SIDE i LINE �L�/J �/ WG5 1' `HOOD S A �S+�aLOe�s if.� 44.37' \ \ \ u (mTAL) fi LOT 20 �1 h LOT to b LOT 16 m h LO'r 17 ° b ' 0°E 1 f�J!"NC / / 7,583 SF. m l� .^1 ^c P.a&U.E. N QO•J b 7.475£F. b / ry" , 10'Paw 'P.URP.E R1TO � sF�>` w,� seas£F�„� o s� ��q 3 39• \ ' $ /a LOT �0'P.U.*O.E 2 lTd 398. In I I I 1 20. / y S12Q Sr.. .11 7 hk01;'�' ^` r`� ,5085 B,Ei rn - O L 1 IP` LOT 16 rj k02 ko 6L / 20•FR°NT Q W L / / �,, / 118 VN SETBACK 3 o fs29s' o0 4�s . 1D' /`f GATT , Na T fl3 LINE °� S7A?�T yb '12 E 2 �`` 20' uF a1c!sF. O 5 Q LINE PROPERTY W I �y SF B.SL c o,a g0.E/��3 _UN£ -- - - NOT TO SCALE N73 p5 51 N p� NGi1C7 I 0 V) <� LOT 8 �o I m R ti �s a+es sF I CURVE TABLE / m U,y ��'3�//56 120.3 E CURVE LENGTH RADIUS CHORD CHORD BEARING BUILDING K17DTH AT SETBACK ll LOT 13 Q� N74 41 31,.94' 2 Cl 39.27 25.00 39.27 25.0 3536 N 11'54 5t"V 10.058 SF. N I _ ' LOT NO. WIDTH LOT NO. WIDTH _ r __ _ - m -5•-_ 1 C3 21.11 25.00-_ 2C.49 S44.42'00'E 1 70.49 17 60.90 al _ _ _ Se 'h 1 T C4 25.12 25.0 24.08 N06.42'42'E 2 56.01 IB 51.00 I Y^' '�X510.1✓`'- q C5 35b4 25.0 32.70 S03'00'26E 3 58.44 19 51.00 / - 4r,y6 ` I O d ' J C6 35.64 25.00 32.70 N78'40'13'E 4 58,46 20 53.02 ' aw S78 'b' b� 7j?77• O C7 2224 25.0 22.05 S72'06'S7'V 5 43.07 21 51.00 i ^O r0'P.U&O.E \ �y'lq 10,S7p S46.`J co / / ' C8 22.83 25.00 22.5 S5S33'15'E 6 SL72 22 5L00 O f C9 199.70 600.00 198.78 S47'22'0'V 7 51.00 23 51.00 %� °O N m` < 81 < P.U. �,.1 8 51.00 24 51.00 LOT t2 x$45 L-39' C10 376,71 325.00 355.98 N48'30'46'V Ooa t 1,025 SF. r LOT 10 9 5135 25 51.11 1 z ;/.�' 10 53,46 26 31.14 I C O M14 5' y�o 30000 y7 yj vy 11 53.46 27 66.57 Twp 21OT \ 1'.0.� c+ I $•P•U ,�^ M1 1 / 12 71.62 28 51.04 / STORMWATER MANAGEMENT x / / 13 92.92 29 s1o4 L=39.30 R=25.00 LOT t1 5 I (TO BE CONH:YED TO THE HaA.) a_ 8.015£f. 14 75.85 30 SIA3 CH=35.38 CB=S29°02'11"E „ 5' ,l 15 75.12 31 65.49 -�,,-y r 16 68.41 \ L l 58879;T2� N � %, • / HATCHED AREAS DENOTE PRIVATE ROAD d U7TLITY EASEMENT. 20'TO BE CONVEYED N V JJ PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY ` COUNTY COUN THE HOMEOWNERS ASSOCIATION. ROADWAY EASEMENT AWWSIONS TO KENDALL OAOWiI COUN r Ln r - TD BE PRONDED ON FINAL SUBDIWSION PUT. io 4 / 8 A BLANXE7 UTILITY,DRAINAGE AND PEDESTRIAN EASEMENT Tit 1 i PER THE EASEMENT PROVISIONS SNOINV HEREON,IS HEREBY / GRAPHIC SCALE DEDICATED OVER ALL OPEN SPACE LOTS 78T,81, NORTH LINE OF GALENA ROAD Nj4 HERETOFORE DEDICATED PER b I z DOC.NO. 145193 b f r.ANNOraT7oN ABBITEVUTrays- \ � :1 IN PHsT� B.S.L. -BUILDING SETBACK UNE \ CO ' � ' 1 1 lean- so 1L POO-POINT OF BEGINNING ` ` POC=POINT OF COMMENCEMENT ' P.U.&D.E -PUBLIC U771JTY X DRAINAGE EASEMENT GLI i�A' ry SME -STORMWA7ER MANAGEMENT '�Vq rl� PVARY P.UD. PLAT TA. = TEMPORARY ACCESS EASEMENT FL_G8� h 1 � � - WE` TkA V5V LW 92 H.O.A. HOMEONNER'R'S SSOCIARON - CENTERLINE �qD \ Co /\� YOl �LL� IL.L/vb/$ RE=ROADWAY EASEMENT BOUNDARY LINE b p 2. THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKWLLE. 3.DIMENSIONS ALONG G'URVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. -- ROADWAY EASEMENT ` $ \ `\ �'�' n2 4.NO DIMENSIONS SHALL BE ASSUMED BY SCALING. LOT LINE REM&ON6 DYM BY: MT: DATE MB-DB,T N0. 1. As afa3-as JGS 02-2J-O8 W£BB-060099.01 5.FISTING ZO.YINC r5 UNITED CITY OF YORKV$LE R-2 R R-3 - BUILDING SETBACK LINE �� 2 DSN Bl°. Ili HCNTIZ SCALE: SHEET;N0. 6. WETLAND STUDY TO BE RENEWED BY CRY PRIOR TO FINAL ENGINEERING 3 - 1'=50' 7. LOTS 32&33 TO BE OWNED AND MAINTAINED BY HOMEON/JERS ASSOCIA170N, - - -- - - EASEMENT LINE ` \ ` 4 CHK BY: WT: %ERT SCALE 4' S OLD N/A i PRELIMINARY P. U . D. PLAT P:SUTrfl NGINEER ING CONSULTANTS; >rtc. CNM/2nWCTUR"» LTANTS DEL WEBB - WESTHAVEN �PBAlJ®ffiON4L 8'11 8811/ Yana=184-OO/lod cola 771E o6moo w.vmcew rAIMAW UNIT #3 wmom66 a A PLANNED UNIT DEVELOPMENT -� \ PROPOSED ZONING - R-3 P.U.D. \. \ 70 N 9°55 1^p - _ - •'�� 55 37.50' LOT /`J \��� / 5610 SF„/ ^ir � •ANA � �Ar /� CURVE TABLE OQ I L=71.18 R 3000 ],`7°nTS'iF CURVE LENGTH RADIUS CHORD CHORD BEARING /s i t`� I CH=70. 9 CB=N11°0 '�N 1 J cl 22.e3 25.00 22.05 514321 29 E l 1 o C2 2294 25.00 22.05 N37.58'19' \ 4e6o sF, s 7 i ° X712. _ C3 39.27 25.00 35.36 N44'S5'3 7�2 I 15 1 60100' -Ng1 45 D7� C4 39.27 25.00 33.36 N45.04'21' \\ \ k 58 .26'N89 539°E $T°4 2$° �! LOT 25 CS 3927 25.00 33.36 N45'04.21' \ �lL LOT. 3t 7GJ° g3'J/89 6348' S1.D0' 51.00' Si.00' 51.00' 51.00' 51.00' 56.00' 5600' 68.88' O1 N 6,206 SF m C6 39.27 23.00 33.36 N44.55'39' a s,rll sF // N '�_ _ _ w C7 22A3 25.00 22.05 SIO'49'40' �j bb 5'fc 5' 66.93 r r r g r 1.5^ Ir r -1 20' 'O1 -170.00'- C8 22.83 25.00 22.05 N41.30.WYE L07a / 15' 15, Z I 2 I 2 I X21 o I 8 V �? 2I I r -N895539�- C9 3724 23.00 33.09 547.13'32'00 .0 $i- - $ $�• $ d c c I$ -I $- to CIO 35.85 25.00 32.85 S48'59'46'E /! \+ 7,ns SF. 16 ^ ti q LOTS d o o d o d o d o +- d o o LO7Is LOT 21 ��pp•5� LOT a LOT 10 VC. 11 LOT 12 LOT 13 LOT 14 p LOT 16 LOT ie LOT 17 q o CH 3654 2300 33.37 518'32.01 \ 0 117 TS• \- 0.613 SF�' 8327 SF+ $610 SF. 5670 SF.+ 3.610 SF+0 5610 SF.+ 5,610 SI,"D 8810 SF.N$6,160 SF.+ 6,160 SF ]. S 8I 5,610 SF. Ip r 'CAI +- cn$ $ $ $ o �i$ Ini$I N$ �• C12 37.74 �325.0016540 6 576'20'44' 1017 + ^' 20' I -17R DO'- J �S C13 103.67 48 N05°52102,E + \ c1`3 49• 0 7,.A6 sF I I >< I >F I I i I I I I, U C15 7.52 1 NOroB'S6• \/ /15' Z 7500 SF \,F L= J J J J J L _J J -/ a /0' u� C15 167.45 S73'10'03'W io 51.00 I LOT 72 P.U.&LIE g C16 380.41 .19 N08'52'50-w 51.00' 51.00' Sf.00' 51.00' 51.00' 56.00' 58.00' 4£00' $ S6ro SF . i / i \ P' 10'• 7. sF ��\ \ 1°53 77 L -110.00'- -J' j, �, f 5g N89 5539'E- BUILDING WIDTH AT SETBACK v`\v / \ \\ \ B•S� `= 1D" Larz+ `" LOTNO. WIDTH LO 350. WIDTH B71 WIDTH �62� ' gI P 03311.E 5610 SF Ig 2 2 51.00 36 51.08 56.00 Fpp .lT 46• L - '�r� 3 51.00 37 51.00 57.L51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 85.00' 110.00'- 73� . _ _ - - - - 171 4 51.00 3a 56.00 61:82 L� --� r-NB95.539 E--� ! �O,gx �+ $ %610 4 o i O 6 5773 40 51000 61182 � o w 7 56-64 41 51.00 61182 }5 o �' J C 8 6213 42 s1.00 61182 56 60• \'N 107101 rn nl Bs�1W ,S. LOT 99 1.00 LOT 08 4 LOT 87 $'+ LOT Y6 1° 10786 !..LOT 94 S+ LOT 93 15' -710.00'- O ry 9 31.00 43 SL00 .-_ 77 51:13 \ a \1Q• ,p -N 7,076 SF. Aj�,• + •0.19!SFI�j�+6,20.T SF.+ +6.283 SF.V�.0.29J SF.V�°6,29J SF.+ +8193 SF.+m6,19!SF. -7f0.OD'- F'-N8955'39£- S 10 51.00 44 39.14 79 66.30 / o LOT 78 15• o "' 1• d S893539'W- �^ �- SF \ ^ti I I I I I I I I I Ii I i I ^' I + r I LOT 25 m 11 51.00 45 57,36 79 51;42 7 �•g�� / LOT77 P.0-&U- �'' TO' 1�+U LOT 81 L" $ S6r0 SF $_ 12 51.00 46 56.00 80 66.42 Q' // `�"° P•u � I n{$ I 15'1610 SF �o __J 13 51.00 47 51.00 81 56.00 p9 51 15' 6119 ��/ t274�/ �'� J �_ � L_� L - � L _ � L _ �I L _ � L - J 1._ J PU�U• J' -11000' 14 51.00 48 51.00 82 56.00 49• pl. /1 2r•y / r'11'E� 45.78• 47.58' 51.00' 51.00' 51.00' 51.00' 5--oo, 51.00' 51.00' -110.00 r -N895539'E- -� 15 51.00 49 70.49 83 51100 LOT 76 \��N71 75' b .49.02'00 56.00' 51.00• 61.00' 61.00' 51.00' 56.00' 55.00' rS895539•W- -I LOT ZB U 16 56AD 50 31.00 84 61100 fl13!IF / LOT 78 t>' 103-1 - -I - -I - r ---1 C u gI SBtO SF. I$ 17 56.00 51 51.00 85 61;00 o° 75' F- I IS' - o LOT e0 7,tOB Sf. v A 1258' I 1 ILL, 75 %610 SF. _ ' J P.U.kU. ,U, 5, J 18 66.49 52 51.00 86 S6A0 7� 1 yob ♦ t,. '� cn 2 I 2 I I2 I 2 I 2 I 2 I -•� -170'00 19 56.29 53 51.00 87 56.00 122.50 8,21•E� '? $ti g N $N �'Vg $N $ $.. -110.00= r -N8955:T9 E- '� 20 51.25 54 51.00 Be 56.00 LOT 75 NTT Z LOT at #N LOT 82 N LOT 83 #N LOT 84 @+�v'I LOT as N LOT as a LOT 87 : LOT as 5895539'00 LOT 27 20' a 21 51.00 55 51,00 89 70.49 440 \ 772 SF I LOT 80 I c 6 ns SF`$6,617 SF N$6,272 SF y$ 7ss1 SF $I 7tN2 SF N$8222 IF. $6,9 2 SF:$6.872 SF$ I f0' �+ I i$ 22 51.00 56 51.00 90 51100 t ` fl•13]SF. V d U.&U $ 6.160 SF. .U. 11 1O 20' ]5• N+ I I f0 I I 23 5LDO 57 51.00 91 51100 a- 14208 r• u 13 �5' I as 24 51.00 58 66.17 92 7188 i 1'35'00 .o P.U.&U. 5 I I I P I I 15' Isis SF 110.00 c 2} _ _ 25 51.0(1 5`7 i 5107 93 5I100 LOT 74 �e L_ - -J L- L JJ - - --- -� - $ c. a'� - -- \ \ li 5539 26 _51.00 __ 60 _5100 94 51:00 7s43 SF _... `I --87.7 .5600-.__ 56:00' ST.00" .. 6!,-.^C=•- _._61.00" 57.00•.. 56.1M'_ -56.00,__ ._.8500' -_� a �O9LOi 28E a o• --.._2i 56.00 �cl t SLOJ.-. .,._'95 bi00 6.760 SF. g 28 56.00 2 5100 96 51.00 \ \ \\ \ �a \�-13270'_ J. 6 29 51.00 63 51.00 97 51;00 -5867)J74 W -110.00'- + 30 51.00 64 51.00 98 51:00 �\ p 15• �S" a r -N895539E- V' 31 5L00 65 51.00 99 51.00 P.U. LOT 79 Lp � a"' 32 5L00 66 51.00 100 58.37 6.897 SF I LOT 29 Io 33 51.00 67 51.00 101 68.41 .--115.15- 85.19 Sf.OD' 51.00' 51.00' 51.00' 39.50' 57.00' 51_00' 5 57.00' 85.00_ g 5610 SF o 34 51.02 68 51.00 11000'- J K 1 ^ 1 FOR CONTINUATION SEE SHEET#6-NEIGHBORHOOD#3 SKGAEj7- MLY (CLASSIC E PREIVIER LOTS) SETBACK AND EASEMENT DETAL ALL LOTS SMALL NAVE 10.0 FOOT FRONT, 1QO.PWT REAR AAD 5 FOOT EVE UTLITY $ DRAT/AGE EASEMEIVM ��9 NO ` Off` NOT® HATCHED AREAS DENOTE PRIVATE ROAD&U77UTY EASEMENT. 1.EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY ��/±pLII•1 2 WNFRE CITY STORM SEWERS,SANITARY SEWERS OR WATER THE HOMEOWNERS ASSOOA77M ROADWAY EASEMENT PROWSIONS 7K MAWS ARE RUN ALONG SIDE LOT UN££A MINIMUM 20 FOOT WIDE TO FRONDED ON FINAL SUBOINSION PLAT. - CENTERLINE (10 FFFT EACH SLOE)PUBLIC U77LITY AND DRAINAGE EASEMENT A BLANKET UTILITY, DRAINAGE AND PEDESTRIAN EASEMENT 8 SHALL BE PROWDED. PER THE EASEMENT PROWMONS SHOWN HEREON,IS HEREBY BOUNDARY LINE DEDICATED OVER ALL OPEN SPACE L07S 10'P.U.&D.E. - - ROADWAY EASEMENT GRAPHIC SCALE -- - 10'P.U.&D.E. 1,t�-�-7•� COT LINE m f m wo tm _ _ 1. ANNOTA77ON ABBREWA77OMS- NO -BUILDING SETBACK LINE 20'REAR S.S.L.=BUILDING SETBACK LINE - EASEMENT LINE 1 inch.F60 1t1. P.U. E -- I LINE CK POO=POINT OF COAIMENCEA7£NT - --- - I .& P.U.&D.E =PUBLIC U77UTY&DRAINAGE EASEMENT F MIN. SIDE P.U.&D.E I SM.E =S70RMWATER MANAGEMENT PRELIMWARY P.U.D. PLAT 7B(TO TAX. TEMPORARY ACCESS EASEMENT E(TOTAL) LE=LANOSCAPE EASEMENT LAJt2? LSE S✓. 71A2Y DEL WEBB - WESTHAVEN 10, 5'B.SL I H.Q.A =HOMEOWNERS ASSOCIATION L OF UW 133 P.U.drD.E. 5'P.U.&O.E. R.E. =ROADWAY EASEMENT LAND USE ACREAGE TOTAL ACRES 2 THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UN17ED CITY OF YORKVI 1F SINGLE FAMILY DETACHED 14.89 0c. 54,7 YOR"L.LE, ILLINOIS ,1-70'P.U.dO.E. RETENTION&OPEN SPACE LOT 102 6.84 cc 24R , L ILiL 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS 07HERWfSE NOTED. ROADWAY EASEMENT LOT 103 4.70 cc. 17% 4. NO D1ME1N51ONS SHALL BE ASSUMED BY SCALING, TO BE CONVEYED LOT 104 1.40= 5A 3133 2 0 T Q 2 TOTAL CROSS ACRES 27,83 ac 1008 SETBACK 31+1 5. EXISTING ZONING IS UNITED CITY OF YORKl4LLE R-2&R-3 REVR�ODIa 1 DWN BY. INT. DATE PROJECT NO. LINE O TOTAL RESIDENTIAL L07S. 101 1. ,ICI 03-23-06 X15 02-23-06 W£BB-08070007 b. WETLAND STUDY TO BE RENEWED BY CITY PRIOR Ia FINAL ENGINEERING. PROPERTY O STIPEET LARGEST RESIDENTIAL LOT 9ZE=9.388 SF. 2 DSN er. INT. HOYiIZ SCALE __SHEET N0. UNE W 7.L07S 102&103 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIA770N. SMALLEST RESIDENTIAL LOT SIZE-5610 SF. S - i'=50' - - - - - - - -NOT TO SCALE 8.LOT 104 TD BE CONVEYED TO COMMERCIAL FOR ACCESS AVERAGE RESIDENAAL LOT SIZE=6.423 SF. ♦ CW BY: INT. VERT SCALE 5, s CID N A sMrM ENGINEERING CONSULTANTS.' INC. ' INC, avu MwruRa EFOMM 20 SUMEYORS; PRELIMINARY P. U . D. PLAT DEL WEBB - WESTHAVEN 71a�I .999497 COW.F&D 060foli-pm pf*Ldwg PLOT F"-STAiA%AflV -2 0110FOO UNIT #3 A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. FOR CONTINUATION SEE SHEET#5-NEIGHBORHOOD 83 NEIGHBORHOOD BUILDING WIDTH AT SETBACK WIDTH LOT NO. WIDTH LOTNO 'Foo - it-oor-, 61-DO, Sao, l__5F0_0l__j L ito.LOT WIDTH SI-57.75 51.00 LOT NO. MD .9 al.0wo. 51.00 i 33 i _j 1 3 z;.m 7 b.uu .gyp m -132.70'- 2 a 51.uu 2. 0 tf 71 57.SW -ss6 '24'W 3 zl.uu �7 4 2.013 F_ LOT 73 LOT E .3 4897 IF 4570 IF 6 57.73 40 51.00 61.82 75 61.82 115. 79 '100' 51.00' r 41.00 .50 ".00 -SLLV. 51.00, SL9.9, Mmy(L-_ M. - f- -I I E!f�L - I -?IaOo­ n - 76 6L82 r-V&5 p -lvvq55,3.q`E7- 51. 77 10' LOT 72 LOT A UIL.E. 7,,676'1 F. 78 P &U.E.6. 7.920 Iser.15' cn 11 g, 1 i z: I 5.910--SF. ra Oil 45 36 79 al.42 11 51.00'Do'- S' 61.82 1 61 74 Do P Ulo _`E 63 LOT LOT 51 LOT go .6 P.u.&D E: 57 CS --7- Z LOT U 12 �G.,P IF. 1`191 T.1 T.F.�28 Q A t�, 0 SF.g -Ilao; _j LOT LOT S5 LOT 54!g LOT ti 0 IF,; 4810 SF.,j k;2A 610 IFN; g.%wc Sr. 5.:0 IF. -a- 110.00'- nn SO -16' is a - - . - . rq 'D. -N89155'397--� (a 13 51.00 47 51.00 81 56.00 -A%Otyy. rq Z! rq r4 q U I F-S89-mlig-w- -1 - 0) 1 51.00 1 82 1 th Lh r 14 hi L rq .U.i 0� 12 41 13 31.00 19 70.49 1 83 L714' LOT 31 r8 9 "7 L __ _I ,'a. is 10 L L_ -1 L - _j L j A610 IF Q 50 51.00 84 6L00 LOT 5 _j L _J L _j _j 5- 51.00' 17 56.00 51 5LM 85 61.00 Do, 5f.00, I TOO, 75TOO' 51.00, _ 51.001 is, - 204.00'N8955'39"E -=-110.00.- -110.00- -is p 204.00'N8955J9T 66.49 52 51.00 86 56.0p _f-S89*5519 r -NB955'j9"E- 5-629 87 56.100 W i9 53 51.00 -is h J. LOT 47 LOT 32 20 51.23 54 51.00 Be 56.00 - =49=::F=71.49 LOT LOT 00 IF 10' %Gig SF 21 5LD0 55 51.OU 56 0 F P 20' 4520 IF 'a- L _J 22 lIa0D, 110.00, 23 51.00 57 51.00 91 51.00 rF-- -N89'55'39 --I" - 'jq 24 51.00 58 66.17 92 71.88 51.00 25 51.00 1 93 1 51.00 1 W9 to' P.U.&U.E LOT 61 P.U.&U.E. LOT33 0 51 94 1 51.00 LOT 69 to, 7 IF kL %frfo IF 26 ry G?ff&F__jr - & 15' C. 27 56.00 6 95 51.00 68 1 L.-itaoo-- -J 6 5 96 51.00 28 56.00 -Sff955'39'W- 29 51.00 97 51*00 -1 98 51.00 _c 30• LOT Be �41 LOT 45 LOT 34 65 99 51.09 IN 31 SL00 O LOT 62 4765 IF 4707 IF 4502 Sr. M9781A. 32 51.00 inn 58.37 IN 33 51.UU 5 g �'K lot 1 68.41 10 -109.6r- _j 5L- q , _1..0 i O LOT 61 'y LOT 102 LOT 35 to' tll 5,2-51 IF 297,901&1. 1..IFLU--mix-t TABLE STORMWA TER MANAGEMENT LOT 44 CURVE z- -110.00, (70 BE CONVEYED TO THE H.D.A.) y L 4112 IF CURVE LENGTH RADIUS CHORD CHORD BEARING '41 Ir- Cl ---EP--83 25.00 22.05 SL4*21'29'E i ;I _( _C2 25.00 22.05 N37*58'19'E LOT as to' LOT 36 _1.3 39.27 25.00 35.36 N44*55'39'E -7 4668 IF %am IF LOT 43 _C4 - 39.27 35.3 N45104'21'W I Ir. N45*04'21*W l$2 10' At t=__ 39.27 t8 25.00 12779. C5 -- il pu.�lr C6 39.27 25.00 3536 N44'55'39'E U.�lr N787r;f5 K, J S.81 7 aE. 3 ?5ED :::F�2 15 SIC'49'40'E 10' M 1 22.05 N41';3U'09'E: LOT 42 -7 oT w S.F. LOT 37 5' ce E?_ 3 S47*15'32'W Z155 SF C9 37.24 25.00 5�794 IF 33.89 15' CID I- I I T.11 a . 1 2500 33.37 Ave li 25.00 1 34.26 1 S76-20-44-E il 20 VEYED- __j C12 7.74 1 9.05 15' C13 103.67 500.00 103.48 AY PY/R 70 COUNTY LOT 41 _v. - Ll &U F LOT 38 11'011'11 9.1 tF. PU. -_7,00 IFIO 67�52, 2�O 00 7;31 .4 1 S75'30'03'. 5, C16 380.41 I 4Z)U-UU 1 369-19 -1 N08'52'50'W *7V87, L X6 39 NORTH LINE OF GALENA ROAD p.j 29.50 71.pn HERETOFORE DEDICATED PER DOG NO. 145193 LOT 30 10' 866.02' SINGLEfAMILY CLASSC E ERMER 74' .Nlb LOT 104 40 -7 SE MACK AM EA-SEWW DETAL 'sO ALL LOTS SHALL k4VE 10.0 FOOT cp. To jr APOYT JaO FOOT QSAQ AND 5 FOOT SVE U77J7Y 6 DRANAGE EA55WENM LALEW 07)L� NOTED HA MHED AREAS DENOTE PRIVATE ROAD&Unury EASEMENT No PRIVATE ROADWAY EASEMENT TO BE OWED AND MAINTAINED By THE HOMEOWNERS ASSOCJAIION ROADWAY EASEMENT PROVISIONS ro_Or I EASEMENT DIMENSONS ARE TYPICAL UNLESS OTHERWISE INDICATED 1 WHERE CITY STORM SERER$SANITARY SEWERS OR WATER To BE PROVIDED ON FINAL SUBDIVISION PLAT MAWS ARE RUN ALONG SIDE LOT LINES: A AAMMUM 20 FOOT WIDE A BLANKET UTILITY; DRAINAGE AND PEDESTRIAN EASEMENT 70 (10 FEET EACH MX)PUBLIC U71LITY AND DRAINAGE EASEMENT PER THE EASEMENT PROVISIONS SHOW HEREON• IS HEREBY SHALL BE PROVIDED DEDICATED OVER ALL OPEN SPACE LOTS AND LOT fO4. GRAPHIC SCALE to'Pu.&O.E c o'P. I men _ - E - _4 t1" __U.&D.E NO 4. a (m 1 1.ANNOTA77ON ABBREVIATIONS- 3- 1 high-50 fL F +20'REAR B.S.L. =BUILDING SETBACK LINE' P.U.&D.E. L SETBACK POR-POINT OF BEGINNING UNF POC-POINT OF COMMENCEMENT P.U.AVn F -PUBLIC UTILITY&DRAINAGE EASEMENT PRELWARY PJJD. PLAT Ifr MIN.SIDE SME:STORMNATER MANAGEMENT - WESTHAVEN SETBACK TAX TEMPORARY ACC=EASEMENT LAN DM WEW LOVE(TOTAL) I L.E. -LANDSCAPE EASEMENT LNT #3 L H.C.A. =HOMEOWNERS ASSOCIATION X OF to' I I R.E: =ROADWAY EASEMENT LAND USE ACREAGE TOTAL ACRES CEN IERLINE YOQKVLIP- ILLINOIS P.U.&0.F--- -.1-51 P _-SINGLE FAMILY 14. am 545 BOUNDARY LINE 1, 1 THIS PROPERTY IS WTHIN THE CORPORA TE LIMITS OF THE UNITED CITY OF YORKVILLE 0,�U.&D.E. U.&O.F_ RETENTION& (LOT 102 6.84 cc 24X_ I DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. ROADWAY EASEMENT LOT 103 4.I0 QM 17Z 1.4000. 59 TO BE'COJVE7'ED LOT fQ ROADWAY EASEMENT NEGHBORW1000 V3 104 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. T cc. 10 RE%UKM OVIN Sr INM DAIS: PROXILTIO0.01 TOTAL GROSS ACRES 2(F FRONT :at S.E)USTING ZONING 15 LwnED CITY OF YORKWLLEI R-2&R-3 TOTAL RESIDEN77AL L075- 101 LOT LINE jus 02-2-1- MOB-060 No IFWACK lE ENGINEERING. BUILDING SETBACK LINE DSM INT- HONZ SCALE. SHEET! LINE 6. STUDY 70 aE REVIEWED By CITY PRIOR 70 FINAL EN LARGEST RESIDENTIAL LOT SIZE- .9.J88 SF. PROPERTY STREET Z L07S 102 103 To BE OWED AND MAINTAINED By THE HOMEOWERS ASSODATION. SMALLEST RESIDENTIAL LOT SIZE-5,610 SF 1"-5cr AVERAGE RMDEN77AL LOT SUE-6,423 q F - - -- -- EASEMENT LINE CHK Sr. INT- PERT SCALE- 61 -NOT 70 8.LOT 104 To BE CONVEYED To COMMERCIAL FOR ACCESS OLD NIA GONG i SMTfH ENGINEERNG CONSULTANTS; INC. ave✓sRemR JNIIm9 1N auVya6 P R E L I M I NA RY P. U . D. PLAT DAL WEBB - ISTI-�A�IEN $� .emoQ rmlear<+r .,mnai.. Qlmm PROPl159mmm.0m lW[/164-008106 C01W.IOA: 0Ba0I5-nre pelap UNIT #4 Pia?fYE STANaARa �,.seams-, A PLANNED UNIT DEVELOPMENT�i PROPOSED ZONING - R-3 P.U.D. - - - - - BUILDINGWIDTHATSETBACK LOT NO. WIDTH LOT NO. WIDTH LOT NO. WIbTH L=4 .91 =5200 1 61.68 35 43.00 69 43.05 C =4 . 8=7483°29'05"E \ / 2 43.00 36 57.49 70 48.00 3 43.00 37 6057 71 48.00 �6 s S 4 48.00 36 43.00 72 4.00 61.23' S 48.00 39 43.00 73 43.00 g �'�� 89°55 39'E 7 43.00 41 43.00 75 43.00 43.00 74 4P..00 KNIFRLIINE f ,,1��{J 1� B 43.00 42 43.00 76 43.00 BOUNDARY LINE \ \ I L. 9 43.00 43 43.00 77 4300 43.00 44 7.49 78 ROADWAY EASEMENT \ \ 274.2V 7489 55'39"E �� a 43.00 45 43.00 79 43 00 Sj B 12 48.00 46 43.00 80 43.00 LOT LINE `\ \ _p s'� 88 ' 13 48.00 47 48.82 81 9a62 BUILDING SETBACK LINE 1fj9 N 7489°5 39'E 15 41.46 49 44.49 83 62.49 - -- -- - EASEMENT LINE \ y� 16 43.27 50 43.00 84 40.00 17 43.00 51 43.00 1 85 43.00 \ \ 18 63.00 52 47.99 86 43.00 \ \ 19 57.52 53 49.65 87 43.00 1g 19 21 47.50 55 47.38 89 ..68 Lem 1SF 9' ??' j � \ 3�2'r 22 47.50 10 LAND USE ACREAGE TOTAL ASS f \ N 23 47.50 5577 48.00 90 �98 SINOLE FAMILY DETACHED III oc 51X \ \ 24 47.50 58 43.00 92 57.49 RETENTION&OPEN SPACE OT 103 9. 3 35R \ ` 25 47.50 59 43.00 93 57.49 ROADWAY E45EMENT LOT 104 8 as 4 ` ; 26 93.93 60 43.00 94 43.00 TOTAL GROSS ACRES 27.1B oe. 1005 27 119.65 61 42.25 95 43.00 TOTAL RESIDENTIAL LOTS= 102 \\ Iuo�sr 28 75.49 62 44.91 96 4304 MAX"REMDDV77AL LOT SIZE- IZO61 S.F. SiDRMWA7ER MANAGEMENT 29 70.62 63 40.84 97 4a04 MINIMUM RESIDENTIAL LOT SIZE-4,902 SF. 1A.U (TO BE CQJVVFYED TO THE H.O.A.) 30 43.05 64 48.00 98 4303 AVERAGE RESTDENTAL LOT SLZE-5,957 SF. 1 , N 31 47.13 65 48.00 99 43.00 1 1 in p 32 47.12 66 43.00 100 4300 X. 33 47.13 67 43.05 101 4(3.00 SM�GLE-FAMLY (MAN!]IOi LETS") 1 ' 0� - 34 47.12 68 43.00 102 57.49 SETBACK AND EASEMENT DETAIL f'yj0 P , . CURVE TABLE All LOTS SMALL HAVE I00 f'OOT i CO o ryr1Z•E 700 'BOZO s�4 CURVE LENGTH RADIUS CHORD HORD BEARING MONT. IRO FOOT KEAR AA0 5 FOOT 1 � N• 321.48 7479 a3� -1 1 � 7 173,67E Cl 33.04 25.00 30,69 SO4.04'36!W SW UTLITY - D24MGE EASBWBVT$ i �?c �-1 r �2�' C2 33.04 25.00 30.69 N71.38'42•.V LN�S 07AEW W /11 72V I p• 4B-n�o-1 r t 1 Z t� g C3 3927 25.00 35.36 545.04'21!E NO w 5p,.- 1 1 t0, l o LOT et 7 '91' C4 6854 25.00 49.00 N78'28.13!E 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED 1 I 61 d e AM sF �M 1$ E/\ t0' 1 z a is p LOT 62 CS 38.07 25400 34.50 N43.42'03!V Z WHERE CITY S70RM SEMER5 SANITARY SEWERS OR W47ER 5qj/ P.0 10' Z z 1 o-LOT W�'a � $�n� � C6 39.27 25.00 35.36 S44'55'39.W MAINS ARE RUN'ALONG SIDE LOT LINES, A MINIMUM 20 FOOT WiD£ N6i `' ` °+LOT® "r E 1 w 2 �.0 Of5 Ib C7 3927 25.00 3536 N45.04'211W (10 FEET EACH SGE)PUBLIC U77UTY AND DRAINAGE EASEMENT 1 _ / II I �y IO.C �d m'�1 LOT fib e 4LOT o11 v v w LOT 56�1� sF m°'i ' -CB 3927 25.00 3536 N54154.'3S8''1389E 5° F w 15' C9 397 HLL BE PROVIDED. LOT 53 25.00 35.36 S45.04'21'E 0'P.UQO.E 0T W � Am&r. 14 re IF CIO 3927 25.00 35.36 N44.55.39'E LOT sF I Cll 22.44 25.00 21.70 10'P.U&O.F. 4 g' 20 ZO' C12 39.27 2500 3536 N55.04'48'W -._ -- :-LiFUNE-20'REAR.. _ _- --i - ._.. -..-_ _._.-....-_.- �� -.tis�,'r: W� _ 15' ~_ _ _ _ u! 3.51.2,£. a _-_ _ C14_ 22.44 _2500_ ..21.70 S7� B.S _ y _ 5. 12 10 4 SETBACK 1�6 .° - L.3� - - 38:x' N7955 20' _ IsD C15 -3927 25.00 35.36 S34.55'121V-� .U.&D.E. I �8. 95 D, Od 43.0' n LOT 64 P.U.&D./ /Y /H} 48• - C16 22,44 25.00 21.70 7435.04'35' xnt IF. SETBACK 10'MIN. SIDE I LOT 53 3.1' L100 C17 113.53 650.00 113.39 N05.04'351W LINE(TOTAL) SETBACK 1 0. sr. t0' a� „ ��yg' C1B 139.73 800.00 139.55 N05'0435W Ma^3.f LINE(TOTAL) -7- 1 1 +' C19 274.89 175.00 247.49 N44'S5'39'E e M°^Oe Jry 795512 -i so 5' Hd" 801^ � --10•P.UCA. __-_� Q a 92.36• � C20 94.03 400_ 93.82 S83'20.16!E P.U. 12l 3'SIDE � i •�- 114.59' LS1384 a�w sr I� C21 58.54 100.00 57.71 5731181041E SETBACK 5'P.U.&D.E I IJJ c16'S5"N' 97.54' 20' �. + C22 110.16 200.00 108.77 N38.00'1T6/ f �yI-10,P.U&O.E. J ? yw? I �'i LOT 92 P.U. E. o J - owe ORI - lL I W �3 ian sus Ca;a Nil 20' 0 4e73 sF 1 Q cmn t 07Z•E I LOT 93 P.U.&O.E l X17,36' 747 20'fRONT Q 2 - - I I m ,W W esa,sF 1 y S79,55 AM 1 o AMe5 m SE7BACK 3 W N -15'12 , 0 20' 116.54' l a m _ J UNE Q W I d. 579 L0751 N N79'55'12'E d LOT 91 15' 1 y N 1 IS 127.97' E• b SST O a m �I �*1 P.U.&D. 72' PROPERTY 2 Q �� Z I O w1 soar Sr w LOT 99 5' o u14a sass iF _N w UNE W -- -- I 1 I W -NOT 70 SCALE II!I Z 1: 1Od' 20. LOT 67 > _ .55.12,W _76.64- 6,55-w- : 1 %F Q -57 120.43N79'SZ 7535' q w M OT LOT 95 xur IF. NB5smTeY00. LOT W n LT HA7CHED AREAS DENOTES PRIVAE ROAD&UTILITY EASEMENT 128 EASEMENT MAJNTAIAIED BY W Q 7HE HOMEOWERS ASSOCIATION. ROADWAY EASEMENT PRO 57955 1 5 715.89 116 VISIONS 'E Jr� I ' 70 BE PROVIDED ON FINAL SUBDIVISION PLAT. II_I > LOT 49 p N79'S5 " -11633' A m 12'E 53'29'W a o 04 A BLANKET U77UTY, DRAINAGE AND PEDESTRIAN EASEMENT I sv7 u. 'u,°tl j 1 f0' 3.`m LOT_ an N8517'00"E- 8 PER THE EASEMENT PROVISIONS SHOWN HEREON.IS HEREBY I '`� f14.00'� r u tl i�s s�i. �-�1 -114. . �, LOTS RI DE7NCA7E0 OVER ALL OPEN SPACE LOTS 1'04'13"W 1. L� 00'- a s,ms sv.P.U.&D.E ° \ I I sB c -116.56 --�+� w V I GRAPHIC SCALE �r �� I, 748411'38"E- 1Ia' r -58T30'04'W T14.f4' •� ,p SZSI ir. 3. r a b tl m x r3. 3.e wo a N LOT r0 o I 748955 39"E 1. ANNOTATION ABBREVIATIONS- C$'I 115.67' a 411 LOT 97 1w-.Ig saes sr 15 LOT 70 � �V o q x,e0 ss ul � a SB541'47"W °, 114.32' 114.30' 70' P.U&D.E. 01n BSL- BUILDING SETBACK LINE s,v ans sF (BI FMT) POB:PUNT OF BEGINNING ( w SJO2 IF 4 1"r I� I� LOT 87 .W I + R �-114.00' LOT 47 N N870339"E N 0 1 3.b. 50 rL POC-POINT OF COMMENCEMENT P.U&D.E -PUBLIC UTILITY&DRAINAGE EASEMENT ^' -114.00= V'tl q u y��S m bow sr, g MB9 39-'E +i IJ SINE: S70RMWA7ER MANAGEMENT �p 'L_ - 4pp_ r� H-GLARY P.UA. PLAT TAE TEMPORARY ACCESS EASEMENT 3.E' -5893539'W -l7AQ0= -�0 58955'39'W gSLxQi 771 A' DQ. B - -�}'IAVEN LE-LANDSCAPE EASEMENT m O'T °,4 LOT 46 �" 748955 38 f- , a r L T U4 H.O.A =HOMEOWNERS ASSOW71ON l'{•1 O u o gl bws sF I$ 4 LOT w �+V' LOT 66 �"' 114.00' RZ-ROADWAY EASEMENT •IO 10 H 114.00' $ I beoa sF Ig gl boas sF I $ 74893539 f YOWL- ILLINOIS ch Cc m m $ 114.00' f0' 2 7815 PROPERTY 15 WITHIN THE CD4PORAlE UM/75 Of THE UNITED CITY�YORKVILLE t0 m If 5895539'W }14.00' �" , LOT 72 Lit ' O If II 2 +4 + N S8935'39°W a, $ baw si PU&D. ° NEIGFBORPOOD tt4 3.DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS 07HERWiSE NOTED. �.J U IJ I LOT 45 `$ N893339'E _ 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. 4 01' Of' B7.J7'584 £ 159.00'N8935;39'E tL- -J14.00 15 ° I 75' LOT 100 I$qlm ''40t� 15' I$ NB955'39'E-7� REVOMS DWN 115 OJT. DATE PROJECT NO. 5.EXISTING ZONING IS UN17ED CITY OF YORKVILLE R-2&R-3 38"f:_ L--114.00'- '� I' /. .MSS 0.7-7.7-3.e JC'S+ 02-23-05 WEBS-08009501 4.T 17' 4.RQQ' 4300' 4.I00' 4300' 4300' 5800' -114.00--J 7" 5' LOT 73 6. WE71AN0 STUDY TO B£REYIEWID BY CITY PRIOR TO FlNAL ENGINEERING. 52"W r 1 r 1 r -58955:79'W $ I boar sF 2 DSN BY: INT. H=SCALE SHEET::;NQ 7. LOTS 103&104 TO BE OWNED AND MAINTAINED BY 774E HOMEOWNERS ASSOCIADON. N895539'E- a a FOR CONTINUATION SEE SHEET#8-NEIGHBORHOOD#4 b CHK BY: MT: VERT SCALE; 7 5 OLD N A sMra ENGINEERING CONSULTANTS. �c "°°� °' ,m °PRELIMINARY P. U . D. PLAT DEL WEBB - WESTHAVEN >vatu>e 7'1>A1 9®lcx TARII/las-aaola. CURVE TABLE UNIT 4 caw Free 060093-,.Fr9Le�9 PLOT FR STANDARD M HEIR 060005-2 CURVE LENGTH RADIUS CHORD CHORD BEARING A PLANNED UNIT DEVELOPMENT C1 33.04 25.00 30.69 SO4'04'36'V C2 33.04 25.00 30.69 N71.38'42'W PROPOSED ZONING: - R-3 P.U.D. C3 39.27 25.00 35.36 S45.04'21'E C4 6854 25.00 49.00 N78'28'13'E C5 38.07 25.00 3450 N43'42'03'W I 1.6 3927 25.00 35.36 544.55'39.0 I C7 3927 25.00 35.36 N45.04'21'V CB 3927 25.00 35.36 N44.55'39'E C9 3927 25.00 35.36 S43'04'21'E CID 3927 25.00 35.36 N44.55'39'E BUILDING WIDTH AT SETBACK Cll 22.44 25.00 EL70 S15.36'18'V TM LOT NO- WIDTH LOT NO. WID C12 3927 25.00 35.36 N55.04.48'W 1 6148 52 47.99 C13 2244 25.00 2L70 N54'12'05'E I 2 43.00 53 49. C14 22.44 25.00 21.70 S74.21'42'E 1 3 43.00 54 55.0 C15 3927 25.00 35.36 S34.55'12'V 4 48.00 55 473 C16 22,44 25.00 21.70 N35.47'55'V 5 48.00 56 48.00 c17 113.53 650.00 113.39 N05.04'35'W o a FOR CONTINUATION SEE SHEET#7-NEIGHBORHOOD#4 6 43.00 57 48.0 C18 139.73 800.00 139.55 N05'04'35'W cOl 1.07109 0$ 4,NI2Sr LOT B6 f+ 774,DO' 7 43.00 58 43.00 C19 274.89 175.00 247.49 N44.53'39E LO LOT 99 $I$ -SF 18 N893539$ 8 43.00 59 43.0 m p 40g64a Lt.. y 114.00' $ I 001 SF. C20 94.53 400.00 93.82 S83.20'16•E , eh $ ° }74.00' w 70' 9 43.00 60 43.0 C21 58.54 100.00 57.71 S73'18'04'E p CO p 11 SIDRMWATER MANAGEMENT d S8935:39'W •�, 174.00• LOT 72 tt I 11 11 2 (TO BE CONVEYED TO THE H.O.A.) a+ S. S89S5'391v I tws sF P. &0 10 4300 61 42.25 C22 110.16 200.00 108.77 N38.00.17'W (',\ 'S}-J 'ZJ LYU ri wi 1.0746 I a N893539E a N $ �$ 11 43.00 62 44.91 VO I 07' $ avatar 75. g 1+ a S.I LOT I -}74.00'- 81.,77',SB4 �.E 159.00'N893539"E �' -L-114.00= g I 4"IfF• $ tBOt 15' g AWW 39 E-P 12 48.00 63 40.84 4 01- 14• f5' L- -714.00 a a 13 48.00 64 48.00 �.rr�' N 4317' W. 4,100' 4.Z 00• 43. d I.I00' SB.00' J - b+ LOT 79 14 44.28 65 48.00 83°3 'S2'•W 8955'J= o° 15 41.46 66 43.0 - CEN7ERLM/E \�/�� � � , r � � � 5893539'W I tvav sr. V_� 1 ' LLI / I I I + N893539-E-��4r LOT 64 H' 11400' BOUNDARY LINE ,g/ 1 j I' O3 2 2 I W 2 2 2 2 f5• 1" LOT 101 f0' $ tsar iF 16 4327 67 43.0 I m $ tOm iF I g NB95539� 17 43.00 68 43.00 ROADWAY EASEMENT �v I Q /7 / d v $ $ o-• $-• m I P. MI. 4- 11400' I LOT 74 ' ��/ aF 1 j N LOT 37 a LOT 36 ere+LOTS 91.0740p 4`LOT 414?LOT 42d,4.1.07494+LOT 44 0 11400' •�" LB 63.00 69 43. LOT Sf.1�j N..9A S!"v„app S7 2K_-T SF 003 S+01902 SF-019aP + 41H SF. I O SB9'113 39�W 4901 SF. D] Ai $ N895538 E 127 57.52 70 48.00 LOT LINE / 7 I m -}14.00'- -J 57.00 71 48.00 BUfLDWG SMACK LINE �/ I ( 2 4 '15' g I ..Z >E I I I o I LOT 102 75' I"4I 15' LOT 53 I$ NB93539'E- -1 47.50 72 43.00 / g - - 75' - - L q4R sr.P•7L&D.E. g$ Tae sr. LOT 76 + 47.50 73 430 - - - - - - EASEMENT UNE 1 !� 1..8 L= $ I 4,M Sr I$ 47.50 74 43.00 534 32 43.00' 4300' 43.D0' 43.00' 4300' J3.00' 89.00' 89.00' 114.00' 'a 47.50 75 43.00 47.50 76 43.00 / 1 N89'5539'E a� 93.93 77 43.00 W 119.65 78 43.00 Slt C� AMILY 01AANOI2 LOTS) ( g ' u a 7s.a9 79 43.00 SETBACK AND EASEMENT DETAL �, -114.00'= -I c 29 70.62 BD 43.0 / L=7 .19 R�23.00 3300' 43.GO' 4711' 4773' 47.12' 47.13' 43 05' 7062' 89.00' N8935'39'E-, e 6f 30 43.05 81 9342 ALL LOTS 94ALL k4VE CO FOOT SCI j7l9.07C N81°5T58'W LOT 77 �"t q 31 07.13 e2 aB.z3 FQCW. 100 FOOT REAR AAD 5 FOOT / 5 20 20 d 0 15 $ t9vO sr i$ w 32 47.12 83 62.49 / L-38.07 R=25.00 106.0 ' H P.U.&D. H b H BSL I U. . . +o LOT 1B 11400' LOT 103 Co 33 47.13 84 43.00 SITE LITIL Y a DPA/VAGrE EASSW9VTS � 7'= � I _ I _ _ �? I saw sF a 400-40 st o° TTT" 34.50 GB=N43°4703'W N 5539°E $1 o g $= $° I N893539`E 3a 07.12 es 03.00 LPAEW O7F�VH1$E IV07i=17 / - � +LOT 35 0 LOT 34 d A LOT 33 d+`L.T. +LOT 31 d?LOT 30 + LOT z9 1ti 35 43.00 86 43.00 // / 2 43.00' 63.00' m LOT 38 a~ iFFaS a s,31z asa o 4372 SF.+ qm SF V Sm sr a 0490 irk o us sF g u •4)a SFAS-184-902 + 1h o ry$ ryi$ o o_ I 4 LOT 78 I• 1. EASDAENT DIMENSIONS ARE TYPICAL UNLESS 077-ERWiSTi INDICATED / 0 1- p$ - - � F�• 11400' m '•�� $ � 36 5749 87 43.00 2 WHERE CITY STORM SFI".S SANITARY SEWERS OR WATER / / O 1O' I g �,5' I m r -1 37 6057 Be 46.14 p° I 20 M f0' /g SB93539'W -]7429= MAINS ARE RUN ALONG SIDE LOT LINES A MINIMUM 20 FOOT MOE ?A' I m 38 43.00 89 47.68 P P. h N8935:79�E- (70 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT / KS CD I 2 15' _ I L N89 '39'E J L �" r1.° }5' I b �� 39 43.00 90 47. SHALL BE PROWDED. / P.0&D.E. 58.00' 43.00' 47.13' 47.12-rJ 4713 4712' 43.05' 41.J2 °j LOT TB Y�' 40 43.00 91 58.97 / ° LOT 17$ti -. C .. , Sa71 SF I� r10'P.U.&D.E Iga4 yw 1" LOT 18 q SB•00_ 5700' 47.50' 4750' 47.50' 4750' 4750 1.. g•52� ]aLS�a+u v 721.40' 41 43.00 92 57.49 - - L- 10'P.U.dd1.E j / 9 1.5. vi q ASm sF I 2 70' 9251 \ 20,. p0 N89353 9'E 42 43.00 94-- -_43.00 _ .$_. _I _ _ I •_ P.U.30. .1 r 561 VZ� y e - - 43 4300 9 / •3 )0' 1 ,$ d�. 2 I 2 2 I - 2 I 2 W�:� B.SL / - ,°/ LOT 44 57.49 95 43� - -- --1 .- 20'REAR - / _- / hb 1.-L- P. o _N g $ $ $ '._ ..$ oo $ y`> i1' uaa sF _ _ _ 4 4300 _. 96 4304 70'---� 1 SETBACK / O 00,1 45.7y\ o LpT19 LOT 2D #4 LOT 21# L0T22 a LOTZi#i`LOT 24 cS 1•LOT 25 LOT 26 f� v -739.17=- -�, 46 43.00 97 43.04 P.U.&O.E LINE p• Oj 11.7' 4M SF.� g4ga SF. ti$A415 SF�. SFV SF.+O x.13 SF.N 5413 SF.N at66 Sf Gj h/y1 a� q 20' O $ $ -N8935'.79'f- 47 48.82 98 43.03 SETBACK f0'NM. 5D£ % p p 0 „'� 15' I F I I 15 4 k 48 48.69 99 43.00 UNE(TOTAL) SE78AL7( / m �� I „i P.U.dIJ.E 15' 75' / 49 44.49 100 43.00 Ma°Or MpOaF LINE(MIAL) / 114.00- U U J - - - - - - - / 7 75 LOT et 50 43.00 101 43.00 5' Na^j6 Home I-.-70'P.U.&D. IL/ N87°08'�3°E 34.00' 57.00' 4750' 47.50' 47.50' 47.50' 47.50' 12 7' L�57 / 1201 SF. 51 43.00 102 57.49 P.U.&D.£.I J'SIDE N _ \ 75' SETBACK 'yr10 P.U.&D.E. vj �15' 114.00'- q Ls715 1 36 A.U.&D.E ° x LL N P.U.dD.E LOT18 1. N7 �I+ ZO'FRONT �, - - 7 e 4 am'?Sr / SMACK 321.1 a 1� `11 984 48.00' 48.00' 43.00' 4.100' 4300' 4300' 4.100' 4300' 4&00' 48.00' 47.38' L=4339 y,>/ �� �!\ /5 37.50' LINE Q $TAT y,P y\ >>5 k�� 20• 5- r - - 70' - i5' f0 •"o Fn /t3.13,1.y5Se °55'39 W PR7JOP£RTY W 0 S' / 15' .SL 1n 1n I 1n 1n I 1n 1n I 1n b 1n I �' 0 LOT 16 .U.&D. I o ° I � g1 -NOT TO SCALE v`� �.9v si 1� ° o -• o o $-' $ $ $ $ $z: d m 1 \ U tS �\ K'h °N d S"LOT 12 #LOT 11 •+•LOT 10� a LOT a LOT 7 d Z LOT 6 d s LOT 5 d LOT 4 d a LOT 3 d;'LOT 2 a r ■� 8 •w°; LOT 14 d v 1.0713 la NIq SF. p.➢at SF.p�901 Sf.019 SF,pp��9aT iF.pp.�902 SF+:M 902 3f+$S+Tp Sf�+OIS4]2 SF.+Ot9a2 SFa OtDT/SFr t°p LOT / 1•.99 SF. +r�LOT Ai U O" O" O' O" y O" O' _ N O ry O O a1325F. HATCHED AREAS DENOTES PRIVATE ROAD&UTILITY EASEMENT. a'� �/ /�PVO e.l+ Ir4 I 1�Nw O PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY / 5' P.U.dD.. THE HON£ON1J£RS ASS'OCIA 7/0N.ROADWAY EASEMENT PROVISIONS ?_V / I J L - I_ J L- FJ L--- _ OO oa M BE PROVIDED ON FINAL SUBDIVISION PLAT. N 7 C\ _5154300' ZOO' 4300 4304 4300 43.00' 4.00' 48.00' 48.00' 43.00 4300' 97.26 A BLANKET UTILITY. DRAINAGE AND PEDESTRIAN EASEMENT �,32' °s�� 49.48 1 0.28'S89 5-39"W I I 8� - I a PER THE EASEMENT PRONSIONS SHOWN HEREON,IS HEREBY 46 45.13 6 1 .U. .E. ILB DEDICATED OVER ALL OPEN SPACE LOTS. 1Y S�5pp5� I i 187° 28 I I I GRAPHIC SCALE 1.ANNOTATION ABBREWATIONS- I ES A009 (IN MT BSL =BUILDING SETBACK LINE `' { I I I I I I I I I 1 ) POB- BUILDING OF BEGINNING P.U&D.E-PUBLIC UTILITY COMMENCEMENT DRAINAGE EASEMENT PRM AANARY PUD. PLAT SM.E a 57ORMWATER MANACLUENT D8_ WEBB - WESTHAVEN T.A.E IEMPQRARY ACCESS EASEMENT LAA&D j,Jr,�E SLd41AAAR1' C.E. -LANDSCAPE EASEMENT X WIT 44 H.B.A. -HOMEOWNER'S ASSOCIA770N R.E -ROADWAY EASEMENT LAND USE ACREAGE TOTAL ACRES YORKVO-LE. LL1406 a THIS PROPERTY IS WITHIN THE CORPORATE L84ITS OF THE UNITED CITY OF YORKNLLE 51N MILY TACHED 7395 ac 51.7 RETENTION&OPEN SPACE OT 103 9.40 0a JS1L NEGHBORI-IOOD U4 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS 07HERWSE NOTED. ROADWAY EASEMENT LOT 104 3.83 ac I 745 _ 4 NO DIMENSIONS SHALL BE ASSUMED BY SCALING TOTAL GROSS ACRES 27.18 ac I f00R REN9ION6 DWN BT.' TNT: DATE PROJECT 10. 5.EXISHNG ZONING 6 UNITED CITY OF YORKI4LLE R-2&R-3 TOTAL RESIDEN7AL LOTS-102 1. A s a1-27-06 JGS 02-23-06 WEBS-08p095.07 6. WETLAND 571IDY 7D 8E REVJEWED BY CITY PRIOR 7D FINAL ENCINEERINO MAXMLTN RESIDEN7AL LOT SIZE- IZO61 S.F. 2 DSN BY: OJT: HORR SCALE: SHEET'.NO. MINIMUM RESIDENTTAL LOT SIZE-4,901 S.F. 7.L073 f0J Ar 104 TO BE ONNED AND MAINTAINED BY 7WE HOMEOWNERS ASSOCIATION. AVERAGE RESIDENTIAL LOT SIZE=5,957 S.F. t L20C BY: MT: VERT SCALE 8 5 CLD NIA I P R E L I M 11tiI A RY P. U . D. PLAT SMITH ENGINEERING CONSULTANTSI INC. C ItII+/Sf60L:R0RL 14T6II7�B.�7;Irscelroas DELL �1�l EBB - W E,STHAilEN � � L � 0-7 � ...x•000: .99WfliT If1d100 PBOH®®ON�i.969Tf8P 1®[�IB4-OOUL09, UNIT ` 5dv 0=05"l A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. 47'41"E Lay 136.58'7484° CH 509 09 6q ` S21. 1s 0 / p@ 15, / \' LOT 26 \ � 65{,874 SF. .L STORMW47ER MANAGEMENT O� BUILDING WIDTH > \ (TD BE CONVEIED in THE H.0.A.) W 34'R A T SETBACK \ 57 LOT NO. WDTH 84 , f 1 8150 �6 w n�p& 2 66.00 3 66.00 \ \ N L0T20 r 4 66.00 y, r;f9s sF /ryM \ 5 71.62 ��°A3q. �+ �-m 20' /�..K �s� � I 6 71.62 \ CIS +.°'�/ �'` \ P.U.&AE O� ! 7 71.62 15' LOT 19 £ = 10- t0."4 Sr. 8 71,62 \ `\ i0' 7/.070 SF \ / 9 68.51 \ \ \ a67 C P� 10 66.00 \ \\\ 'c9 7y g5 (\ / a \\ 11 66.00 -_ \ a $ I 1r'1'6T•`f Y9' �' �� 1 / e X61 12 66.00 \ 1 \ ye•� _ yA.h �R9}t' 35� \`�a 13 76.05 - \ b 14 75.52 \ \ \ y!s'1� /N Q \\ \ 15 66.00 \ \ Y h LOT 18 e LOT S. 16 66.00 \ 10 rr,0as SF IN n� aers SF 17 66.00 \ P.U&!7. w / 3 I8 7130 5. cn /� 15/9T•E� 19 7L62 \ \ \ \ Z �\ N6gsg zo 71.62 \ °w° N e 112• W / ^v Q\ \ 21 71.56 \ \ N N •� / ggg•35r ��'i' �D £LOT 29 22 66.00 \\\ \ `1 !1659 SF. J \ I 23 66.00 \ 1 N - � \ LOT 17 m y 24 66.00 �( / d \ SJ61 u / t,.\ ?SL oo'/ 25 a1 /1j0, 35 6� 26 81.27 /taT ,fir"Yl� s -06 1, i / W i �N ( Lo7u CURVE TABLE Av�� _ ... __ 4:LOTIa 994 SF:___.. _ ' Oi -7,780 SF. > `� ` WyrJ- 1 o CURVE LENGTH RADIUS CHORD CHORD BEARING --- CI 22.83 25.00 22.05 S21.0T29'E i / O,h� -s\ �,/ $- 0•� 1 C2 22.83 25.00 22.05 N31.12'19'E \ �cV 3� -Ijo W�Aa,- N6g 35,E \A Nam Y Y _tri` j C3 22.83 25.00 22.05 S05.OB'30'V \ 2 �o `vV C4 22.83 25.00 22.05 N47.11'19'V \ ` LOT 15 +� LOT 25 GN i I 7,260 SF. -1 7,6MW SF. CS 36.79 25.00 33.56 S 52'12'S7'V N �\ / C6 36.79 25.00 33.56 S52'12'17'E C7 53.02 600.00 53.00 588.10.14'v / \ _ 53' CB 227.45 500.00 225.49 N07.59'30'V ` 1a •�/11 000 r�g•35•W' v 7a•0 55� N ' \ \ KO 15' LOT 25 SINGLE-FAMILY (CLASSIC E P(2ENIM LOTS) X88 \ 7. T sF ,� b a m RU.&D.E.10,270 sF ap prp o V• 10' C6 O SETBACK AND EASEIVBVT DETAIL �� G P.U.&D.E a IT y m 110--oD. E 6.48' FlzANT,L O � lmsF AND 5 FOOT T rn N7646 29 E 1 55.67 1. 4 SH9° 53"E SIDE LITLITY E DRAINAGE EASBWENTS ✓w o>ES LIALESS OTF6RNgE AIOTED o I 1 0 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED HATCHED AREAS DOV07E PRIVATE ROAD&U77UTY EASEMENT. - 2. WERE CITY STORM SEWERS SANITARY SEWERS OR WATER PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY to C MAINS ARE RUN ALONG SIDE LOT LINES; A MINIMUM 20 FOOT W10E THE HOMEOWNERS ASSOCIATION. ROADWAY EASEMENT PROVISIONS 58641'S9'W (10 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT 70 BE PROVIDED DN FINAL SUBDIVISION PLAT. 710.00'- y 9 .HALL BE PRONGED. A BLANKET UTILITY,DRAINAGE AND PEDESTRIAN EASEMENT 7g 1°60.37 PER 174E EASEMENT PROVISIONS SHOWN H£R£CN, IS HEREBY L 10'P.U.&D.E DEDICATED OVER ALL OPEN SPACE LOTS FOR CONTINUATION SEE SHEET#10-NEIGHBORHOOD#6 GRAPHIC SCALE 10'P.U.&D.E 10'-:I �- 2D'REAR f.ANNOTA7ICN ABBREVIATIONS- -VOCE I b h. 50 1L 1N FEcr .U.&D.E. SETBACK B.SL =BUILDING SETBACK LINE 5- I UNE POS=POINT OF BEGINNING 10'MNV. SIDE P.U.&D.I- POC=POINT OF COMMENCEMENT SETBACK I P.U.&D.E -PUBLIC UTILITY&DRAINAGE EASEMENT PRELIMINARY P.UD. PLAT LINE(TOTAL) SME =STORMWATER MANAGEMENT DM VVEW - VVESTHAVEI T.A.E. = TEMPORARY ACCESS EASEMENT � LAAD USE Sr. M1/IARr 11VIT 10' S'B.SL L.E. =LANDSCAPE EASEMENT P.U.&D.E 5'P.U.&D.E. H.O.A. -HOMEOWERS ASSOCIA770N - CENTERLINE LAND USE ACREAGE TOTAL ACRES YORKVILLE, LLMVOIS 10 P.U.&D.E R.E =ROADWAY EASEMENT BOUNDARY LINE SINGLE FAMILY DET404 0 5.48 Oc 255 __j - - 2, THIS PROPERTY IS INTHIN THE CORPORATE LIMITS OF THE UNlTC�CITY 1'ORKV)CLE. - - RETENTION&OPEN SPACE LOT 28 15.03 Oc 685 NEGA4BORWCOD #5 ROADWAY EASEMENT J.DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. ROADWAY EASEMENT LOT 27 1.56 Oc 7R i ZO'FRONT �' SETBACK 3 g 4.NO DIMENSIONS SHALL BE ASSUMED BY SCAUNG. LOT LINE TOTAL GROSS ACRES 2207 Ot 100A wag DIN gy; INT. DATf: PROJECT 740. LINE Q y STREET 5.Ea05TING ZONING!S UNITED CIY OF YORKVILL£R-2&R-3 BUILDING SETBACK LINE TOTAL RESIDENTIAL LOTS-26 f. .cs 0.7-z3-OS .o5. 02-23-08 W£BB-060105.01 PR�ER7Y W 6. WETLAND STUDY TO BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING. LARGEST RESIDENTIAL LOT SIZE= 19279 S.F. Z DSN BY: LMT, HIXUZ SCALE: SHEET:N0. EASEMENT LINE Al'£RAGETR REMDEN77AL LOT SUE RESIDENTIAL LOT SIZE=9,183 S.F. 9. CAR BY: INT. VERT SCALE $ -- - - - - - NOT 70 SCALE 7.LOT 27&28 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. s CLD MIA i i I PRELIMINARY P. U . D. PLAT s11�Ta ENGINEERING CONSULTANTS; INC. ClVD.,8fB,1LT- ffl=loa+s mm 80ARCYO11s DEL WEBB - WESTHAVEItii �. �- 9� A� oinm111 p1:a9'1s6s1oNeT.ncsaclF r®L/Leroaoloe UNIT #5 ww ovom-2 PLOT FAzz.059Aa0 I A PLANNED UNIT DEVELOPMENT BUILDING TVVIIDTH PROPOSED ZONING - R-3 P.U.D. FOR CONTINUATION SEE SHEET#9-NEIGHBORHOOD 05 LOT NO. WIDTH i \ w m\ 7:xo IF 7,637 S.F. � tT3 ' I 1 8150 ' 2 66.00 4 5 55 P, I 4 66.0 i _56 v1 �N7' �'�`PT .-` 5 69.10 �7J✓t^�' 13' L071! �- N I 6 71b2 VG 4779 SF. p� `IfG5 NOOO \ 1� `�ag�,o; r sF `� P.U. .E I f0' tG°Qq 8 7 71.62 71.62 72-50' \ i3 m\ P. �ma a°� 9 68.51. N88°4444 E 11a. 9 E 1 e 8.48' 9 66.00 A L= I 11 66.00 !- 4589°2 53°E 12 6&00 j 13 7605 14 75.52 IS 66.00 0 16 6630 j\ 588'48'591V p I 17 66.00 \ 1�� 170.00' 18 1 71.30 IR 79 L°5037! I 19 71.62 ! I LS' _ 20 71.62 F II, 21 7L56 v c mI 7 m a f0' y I 22 66.00 h .nF LOT 1 Iry• u'f 23 66.00 h 9.,59 SF. oe N Q -1372 N I 1 25 6&16 LOT 28 3 N84'S7;35"W- I STORMTER MANAGEMENT !�°yjb `� -11000'- J I j 26 81.27 (TO B£CO-NY£YED TO THE H.O.A.) S�aril LOT 12 g 584573$2- ^�7-^Cj n�0 7.760 SF. PO (1 I W 1 N L LOT 2 �110.p0� y 7.260 /�-- -N843735"W- -11Q rrtH• pp I LOT 11 $ f SB45735�- I sF Ib l p _\000 I 3dJ L -14s oo'-.- tl S.F. 3 .i > \w 0.477 � `nt 9 145os-_ � LOT 10 t n n aim IF. LS84373sf- uj O "' ! �r�6J LOT4 Ilf p y AN 12.555-- 6• AM IF g N8437:J5-YW L0T9 I� col -sB43735�- N b� 4655 SF Jg 00, S+ C,N-296310 g4 k, �� p1 20'9.558 SF A.i U.&D.E I N u1• 5 7 .. IF �g5� 1 I�N1544' y �gy�1A�° ��, =�o�PU.BA.E. Lora x`61, L=185.97 RS71 g s(� m ,Lars =1 * .a��� 10, 1 CI t=161.0 4 Cg, �N\`-� ` P. .&D.E /y°.�?/ fD' ! + LOT 5 I 1L�ss ^ SINGLE-FAMILY (CLASSIC E PREMIM LOTS n 7�o• 'it• ` P-.U. E, vx � 9EMACK AND EASEWW DETAIL LA 1r s•� 99.61 36. ALL LOTS S-IALL NAVE JOO FOOT a p0� 136.29°N86- WE 81 \ J _` FRGIVT AO.O FOOT REAR AND 5 FOOT s•� X 133° SIRE UTILITY E DRAINAGE EASE ENIM 10, -- _ _ � LKess OTJ�¢Wl3E N TED �a J �-- -T ' - 1. EASEMENT DIMENSfONS ARE TYPICAL UNLESS OTHERWSE INDICATED a 11 ! 2. WHERE CITY STORM SEWERS SANITARY SEWERS OR WATER cp N t fry' MAINS ARE RUN ALONG SIDE LOT L9,ES A MIN9AUM 20 FOOT WIDE O?>r / \ (10 FEET EACH SIDE)PUBLIC UTILITY AND ORAINAG£EASEMENT >P 61 6 !!! SHALL BE PROVIDED. _ tT CENIl77UNE to'P.U.&O.£ GRAPHIC SCALE LARD LSe 8LJ11&W&7 - - to'P.U.B:D.E BOUNDARY LINE SS ° X OF LAND USE ACREAGE TOTAL ACRES - - ROADWAY EASEMENT �1 SINGLE FAMILY DETA04ED 548 6c 1 25Z 10'� 20'REAR LOT LINE O�.'`y / (IN Feet)� RETENTION&OPEN SPACE OT 28 15 9c. wx .U.&D.E SETBACK 0�tih / 7 twh-50 R ROADWAY EASEMENT OT 27 1.58 9.r. 7S I I LINE BUILDING SETBACK LINE ( TOTAL GROSS ACRES 22.0 ca 1005 t0'MIN.SIDE t5'U.rsD.E. r a PRELIMWARY P.UD. PLAT TOTAL RESIDENTIAL LOTS=26 I SETBACK I -- - - - - EASEMENT LINE _ 1 j �GJ // SMALLEST EMEN77ALLLOT 2E =13459 SF LINE(TO TAL) N 6 / // DH- WEBB - WESTHAVEN I e.sL I CURVE TABLE p L=88.67 R=93.17 3^ti~ tt5 AVERAGE RESIDENTIAL LOT s1zE=9,183 S.F. 10' r'-A P,U.hD.E. 5"P.U.&O.E. d- -19 O CH�5.25 O 0• / YORIMLLE, �S II to 'P'U.&D.E CURVE LENGTH RADIUS CHORD CHORD BEARING 'asp CB=N74°43'40"W HATCHED AREAS DENOTE PRIVATE ROAD&UTILITY EASEMENT. J �- -� I)_ CI 22.83 25.00 22.05 521.07'29'E O„ G.Zl / / PPo -ROADWAY EAS£A1ENT TO B£OWNED AND MAINTAINED 8Y -- C2 22.83 25.00 22.05 N31.12'19'E �. / / NaGPBCQ IOOD v5 THE HOMEOWNERS ASSOCIATION ROADWAY EASEMENT PROVISIONS 20'FRONT ¢ 2 C3 22.83 25.00 22.05 SU5.BB'30'W SE78ACK ; Iu / REV6fon DYY 1 8Y: NT. OA7E PROX=NO. TO BE PROVIDED ON FINAL SUBDIVISION PLAT. C4 22.83 25.00 22.05 N47*U'l9'W LINE O �-"- L XS 03-27-06 XS 02-23-06 NEBB-05010501 ¢ TRMT C5 36.79 2530 33.56 S43'28'57'W A BLANKET U711J7Y,DRAINAGE AND PEDESTRIAN EASEMENT PROPERTY O ¢ i 2 0SN BY: KT- NORQ SCALE SHM NO. PER THE EASEMENT PROVISIONS SHOWN HEREON,IS HEREBY LINE W C6 36.79 25.00 33.56 S52'12'17'E / / r S _ 1•=�. DEDICATED OVER ALL OPEN SPACE LOTS "-- - -- ---NOT TO SCALE C7 53.02 600.00 53.00 S88'1014 W / �/ 4. C}(K BY' MITI VERY SCALE 10. CB 227.45 500.00 225.49 N07'S9'30'W - S CID N A PRELIMINARY P. U . D. PLAT SNIT$ ENGINEERING CONSULTANTS, INC. DEL VIIEBB - WE'STHAVEN 18 400 �0,, ..- ..,�61rT .T69[WJ8 B3III018 PBOPJIB'6fONAL DE61Gif 1110[.104-OOOlOBi C01F.� UNIT #6 ANDAW �L�9 PLOT 71X:Sf0=08 060108-} A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. i BUILDING WIDTH AT SETBACK NEIGHBORHOOD#6 LOT NO. WIDTH LOT NO. WIDTH LOT NO. MOTH 1 61.56 43 43.00 85 42.20 1113.64'N87°5251°E 2 70.93 44 48.00 96 43.20 3 OL34 45 48.00 87 57.49 4 43,00 46 43.00 Be 4S.00 5 43.00 47 1 43.00 89 6 43.00 46 43.00 90 43.00 m 7 43.00 49 43.00 91 48.00 �' 200.12'N8752'f0E g 8 43.00 50 48.07 92 4 .00 37.93'NO2°OT09'W ti� 6T 0?� 43 py 147,03 45.03' sy ,f 12.I33'N895538E 9 43.00 51 45.48 93 4$.00 •y7'�R I , \ o�.�, P. }&D.E N7t17•'•i'1 4 00' 80 `166' `S _ 10 43,00 52 05.48 94 57.49 76' 45 tIr• U 43.00 53 44.94 95 57.49 2 2 2 l 10.01' " 17200'N8855'39'E 90, i 2 1�.} `pi�. 12 +3.00 54 46.22 96 43.00 '7,}3300 4"00' 4"00' ,300' a $�• $ 13 67.01 55 42,75 97 43.00 14 51,00 56 1 57.24 98 LOT 37 V �' 2 2 10' 2 CI F d!o W m 4431 IF .LOT 35 N�." Ni :, g a g $„ 10' 8„ g y$ Q LOT 50 ��. `? IS 5L00 57 46.00 99 4300 4.ID6 SF. j LOT 39_ LOT 40 b a P P a tl i U 4981 SF.r.1 ur0. 1j.39a sFE 4080` j LOT a1 a 0 2 a o o '+O I LOT sB �� LOT St �, 16 67.56 58 48.00 100 43.00 L,�GC�• tI1�✓ 19 ��'9e'j1 r_ ,S• I 1 5• 414 sg'LOT 42 ti LOT+O QLOT 44 ga LOT 46 OLOT 46 n'O n LOT U., ;791 SF 7,999SF u`. LOT 127 17 43.00 $9 45.27 101 43.00 \t es O�O R8"eOp I 10• 10' 4,927 s 4472 sF� g�bn sfF 4LOT 6 14214 SF 5'� I / �� STOP" MANAGEMENT 19 43.00 61 4061 103 57.34 �� 'rte V� J P• 15' P' I I 75' lE l 20' I I l l �1°r 941' - (T0 BE CONVEYED TO THE H.O.A.) 20 43.00 62 43.00 104 46.00 P U. s L.47.42 53� 0 21 43.00 63 51.17 105 46.00 LOT fit f0' 22 43.18 64 51.17 106 46.00 L=79.35 R=52.00 7,910 S.F. �O 23 43.15 65 48.00 107 46.00 CH=71.87 CB=NO6°28'08'E 1274 4300' 4x00 4400' 6200' 4"oD' 4"00' 4300' aaoo' 4200' ;� �� ra 24 43.15 66 1 43.00 108 1 51.00 25 43.09 67 43.00 109 51.00 -N8907'10"E y°O a 26 43.00 68 +3.00 110 46.00 27 43.00 69 1 43.00 111 1 4(.00 128'47' *28'44°E vh LOT 63 9m a 10' - - 0 28 57.58 70 4300 112 4600 1' 5.493 SF. N Ni O pr �1"4 4307' 4300' 4300' 4252' 89.00' 89.00' L=4.71 l ± P.U.BD.E C 29 62.61_ 71 43.87 113 45.39 Lu Ol LOT 36 �'0 136.95' 169.19'M895538E A 30 48.00 72 45.44 114 59.10 6.037 sF y 2p' 1.071.07 t�u u N8955'02E N3 31 .48.00 73 43.00 115 59.10 0 20' O p.0 20' LOT 114 w i 4800' 48.00' 7319' .}' O M 14,1.Do- Ud� O a o QSL. 20' 4661 Sf m m P.U.&O. .4661 IF. i L=17.73 a � - a• �� 771 32 43.00 74 43.00 116 48.00 N8376'44,W O ± p I--I I o, LOT 54 15' I 'T 43.00 75 43.00 117 48.00 m$I10' i O _ 4580 SF. p• \ P. LOT 95 LOT 16 g V �'O LOT 73 114.00' 114.00' l 34 43.00 76 43.00 118 4250 Z~ LOT SF 5• l$ y 4}01 Sf. I+i LOT 15 BLOT IM,1 IF. I m N8935'38 E S695539"W --74300-- I \� 35 43.00 77 43,00 119 43.30 h 4.902 SF.r.I 4.902 SF. 0 20' a Sal -N8955'.38`£- l�5' Z '• LOT 5B h r•'.). 36 43.00 78 43.00 120 43.50 -14300 L ", A 15 I 15' I PO LOT 116 I�N I LOT 113 15' l W a a I O d ut 7126 sf 0 y t' d �N8376' P U.&D.E. p •&p• g 44n sF P• •E $e 411'sF '? �' LOT 56 �''. O i,LOT 58 y p 1 \ 37 38.15 79 43.00 121 43.50 tI 44'W P.U.gl7.E. 20' 6.}f35F V°w LOT 67��11 - - '�--11400,- I l u 04864 sF+0 ZN SF- �ry0 LOT fq 38 43.00 80 43,00 122 43,50 LOT 74 114.00' _ 14300' O ++O ry X683 sF 39 43.00 81 43.00 123 43.50 ? 1 5961 Sf 75' g 78.58' 43.00' 4300' 67.52' N6955_39 S6955'39'W g• ? I r.c 774.77'N89S5'39`£ (� 117.33'- 4, ar NI N895539 E L- o� L= / 40 43.00 82 43.20 124 43.50 N G - 131.87' P.U.&0.. .F �_ r1. �i pD 0' LOi 117 q u 15' u H yy2 1�/ .t LOT 112 v 15' 41 43.00 83 72.71 125 43.50 O NB3 in•-JJ LOT 12 pp p o I.1 I L=55.g 1 �v a 42 43,00 84 73.89 126 611.32 A_ 01 1 10' 20'=L44J SF. lam'FI 4120 SF. I O S 5.072 SF. to S I 1.244 sF. I $ P.U&O.E$} F P. k 6T 7 ?Y /1,5y3 Fro, yy 114.00' 1w m P.U,&O.E.LOT 33 B.SL 41 f20.8Z' 114.00' L -- - - - - /�� 359 sr. 8 I7sB7 S6s5539"w LOT 6t - CURVE TABLE NEIGHBORHOOD#8 4 ". SB376 f4' 58955'39W a N895539E 10, 118.00' -47.79' 7,4061E .-=----- - - ---- -. - E c toT1rY___ .Iw _ LoTtt6 a� LOT 111 m CURVE L`N:'YH RADIUS Cl:°JRD HORDBE4RING yj N637641•W LOT i6 ell-!.`5170 SF. I O p 4.959 IF I O 4244 SF. •U.&D E. �' V� _ `^- 4015 S.F. toe m 120.75' N v Cl 35.54 25.00 32.62 S67.07'53TW W gI LOTS L -124.31'--� I--114.00'-J -114.00"- * C2 35.54 25.00 32.62 S31'24'S3'E -177.36 J N893539 E y ao 4.9}9 IF. l $ 5895539"W- N8955'39'E- 5895539W-'-1 1 lit g C3 3927 25.00 35.36 N44.55'39•'E �-T76 44 f- ;F r A a 1(�C LOT 82 O 114,pp g , LOT 70 1" LOT 179 ��"2' L LOT 110 •�' 'o' g a C4 39.27 25.00 35.36 545.04'21:E tG M 7'7837644-W I LOT 19 �'1 u u 89.DO' 89.00' 4497 ' 0,°1p $� 20' 4079 IF l0".l 5.420 IF. 15' l g O 4959 MF. l0$I 42u sr. g _-74.048= - - LS 22.44 25.00 21.70 N64.21'15'W G LOTS P.U&D.E C6 39.27 25.00 35.36 N44.55'39'E Z �i PU�.E 4472 F. l p 17"B6' "�. 727.80' 114.00' 114.00' 0,u �i �� °+ ,SYi,T-x.,.._ 5895539'w N89'5539 E '39`W w LOT 95 Sn 4� 20 ��m w -NB955'39E- 1.7 22.44 25.00 21.70 S2S'4T2B,'E I.. IP/74.A� I<. l=779 iT e. FOR CONTINUATION SEE SHEET#12-NEIGHBORHOOD#6 CB 22.44 25.00 21.70 S25.38'32fE p C9 22.44 25.00 21.70 N64.12'321E CID 39.27 25.00 35.36 N45.04'21'W ShM-E-FAMLY (MANOR LOTS) C12 39.27 25.00 35,36 S4 5*04'9'W C12 39,27 25,00 35.36 S45.04'21'E SETBACK AND EASEMBdT DETAL C13 2E44 25.00 21.70 S25.38'45!W C14 22.44 25.00 21.70 N64.12'327E �.1. LOTS 37.1741.1. LIAVE '�0 FOOT C15 39.27 2540 35.36 N45.04.21'W F%10W.• 100 FOOT R?E,4R AA0 5 FOOT C16 39.27 25.00 35.36 S44.55'39'W ME LITLITr E DRAIVAGE Ei4$SWUY'M F' �1 C17 39.27 1 25.00 35.36 N45°04'211W L407FS 07)-MYVISU NOTED C19 2244 25.00 21.70 S64.2175!E 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED HATCHED AREAS DEN07F PRIVATE ROAD At U77UTY EASEMENT. C20 22.44 25.00 21.70 N19•D9'57VII PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY Z WHERE CITY STORM SEWER$ SANITARY SElt£RS OR WATER C21 272.56 275.00 261.54 N28.19'17.E THE HOMEOWNERS ASSOCIATION.ROADWAY EASEMENT PROW57ONS MAINS ARE RUN ALONG SIDE LOT LINES, A MINIMUM 20 FOOT WOE C22 151.73 325.00 150.35 N19.55'45fE (10 LEFT EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT TO BE PROVIDED ON FINAL SUBD(NSION PLAT. 1 C23 tOl.7! 325.00 101.30 S81•D6'26•E SHALL BE PROVTDEO. A BLANKET U77UTY,DRAINAGE AND PEDESTRIAN EASEMENT PER THE EASEMENT PROWSIONS SHOWN HEREON IS HEREBY - - I-io'P.u.sD.E - - GRAPHIC SCALE IL 10'P.U.&D.£. DEDICATED OVER ALL OPE7J SPACE L07S w w ,ae >ve 20'REAR SE ACK 1. ANNOTA77ON ABBREVA77ONS- NO 1 IN�I� .U.&D.E I I B.SL =@UILD/NG SETBACK LINE 10'MIN. SIDE PO@=POINT OF BEGINNING lPOC-POINT OF COWDVCBWE74T /L TOTAL) LINE ALL&D.E-PUBLIC U77UTY&DRAINAGE EASEMENT PREI..IMB�IARY P1JD. PLAT M,iOr M0^0T LINE(7DTAla SALE, -STORMWATER MANAGEMENT DEL VdEBB _ WESTWAVEN 5' oMa N0rpe l--•10'P.U.deD.E T.A.E = TT],IPORARY ACCESS EASEMENT -C3 LAS 1.15E SL e?Y P.U&O.E.l ,3•gD£ LE.=LANDSCAPE EASEMENT _ S17@ACK 5'P.U.&D.E H.O.A. -HOMEOWNER$ASSOCIATION CENTERLINE 5 L i RE=ROADWAY EASEMENT LAND USE ACREAGE TOTAL ACRES YORKVILLE, ILLWOIS f0'P.U&O.E. BOUNDARY LINE SINGLE FAMILY DETACHED 17.18 0a 665 J _ DRVE E. RE pW� - l� 2 THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UN17ED CITY OF YORKVILLTENTI 4. ON&OPEN SPACE LOT 127 59 6a 16x _ _ - ROADWAY EASEMENT NEIGI,- ORI-TODD 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. -- ROADWAY EASEMENT LOT 128 4.23 0a 163 10'FRONT - - TOTAL GROSS ACRES 26.00 as 1005 SE7BAL7C & 4.NO DIMENSIONS SHALL BE ASSUMED @Y SCALING LOT LINE REV19d15 DWN BY: TNT: DATE: PROJECT NG. LINE a �, 5.E70SHNG ZONING IS LW17ED CITY OF YORKWELE R-2&R-3 BUILDING SETBACK LINE TOTAL RESIDENTIAL LOTS- 116 1. 035 03-23-6a xS 02-23-08 W£88-080106.01 PROPERTY O STR�T LARXST RESIDENTIAL LOT SIZE_8,672 IF 2 DSN BY: INT: HORIZ SCALE: SHEETING. LINE p W 6. WETLAND STUDY TO BE R£NEl1£D BY CITY PRIOR TO FINAL ENGINEERING SMALLEST RESIDENTIAL LOT SIZE=4,902 SF 3 - - - -- - --NOT TO SCALE Z L07S 127&128 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. -- -- - - EASEMENT LINE AVERAGE RESEBV77AL LOT SIZE=5,941 S.F. A CHK BY. WIT: VERT SCALE: I1! 4 Q 0 N/A � ` - ^ � PRELIMINARY P. U . D. PLAT ffr-MMIAMW "I"M UNIT #6 wm amix-2 A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. LOT 32 q 26 A4m F 15, IF t. 244 ME 89.00 LOT 19 ",mile J 20' LOT 31 %079 IF S&j26'44E S89*55,Jg,w 1189551397E Orr 95 LOT 63 5 09 N89W'J9E— LOT Be LOT 93 15- LOT 30F 10 1 to 4.W2 5451 1720 4.959isF. LOT 21 LOT 23 8. 11 114 LOT 101 ma.955139*E- F LOT 127 w LOT 97 LOT 92 &128 IF V8 J_N8Lw_Lq!E TER LOT 7 LOT 122 to' 65 9. BE CONVEYEL -7 LOT 22 1 5LS70 IF 4.959 IF BIL 114.00' LOT it 114.00' LOT 9" LOT u L 174.00, 959 sr. LOT 24 LOT 68 7949 IF LZOT Ta, S8955'39'W LOT 04 LOT So 14.100— 4.902 IF 15, LOT 103 541 IF L7 YR.-/ S83*4P13-E IF LOT 1 A, .11 LOT71 -3;�-:9 - - -�n =­+f= LOT 83 �81 Sy 79 Iq 1. LOT 73 20 4,904 to' LOT 75 q I'LOT 74 ot 5. S89'5639 LOT Ns 1 VW LOT 85 59.26' 43.00 4100' SINGLE-FAMILY (KAANCQ LO U. Z 1. EA-10WENT DIMENSIONS ARE TYRCAL UAILESS 07HERMSE INDICA 7ED HATCHED AREAS DENO7E'PRIVA 7F ROAD&U77UTY EASEMENT 2 wv?E aTr sTaRm wxERI s4AffrARY sENERs OR MA PRIVATE ROADWAY EASEMENT TO BE OWYED AND MAINTAINED BY MAINS ARE RUN ALONG SIDE LOT LINES A MINIMUM 20 FX WDE THE HQVEOWVERS ASSOrdA 710N. ROADWAY EA&EMENT PRO (10 FEE-T EACH SIDE)PUBLIC U77UTY AND ORAIMAGE EASEMENT VISIONS TO BE PROVIDED ON FINAL SURDIVISSION PLAT. SHALL BE PROMED. 0'P.u.&D.E. PER THE EASEMENT PROWSONS SHOW HEREON.IS HEREBY GRAPMC SCALE S&L -BUILDING SE73ACK LINE SE734 CK 10'MIN. SIDE POS PONT OF BEGINNING LINE(TOTAL) SETBACK POC POINT OF COMAOENCE74ENT -r-LINE(70T) P.U.&D.E. -PUBLIC UTILITY&DRALIVAGE EASEMENT PRELMNAWY PJJD PLAT 5' 10'P.U.&D.E TA.E. 7EX010RARY ACCESS EASEMENT 10 P.U.&D.E R.E. =ROADWAY EASEMENT' LAND USE I ACREAGE 17UTAL ACRES LLJNOS _j E__ OR, RJVE 2 MS PROPERTY IS WHIN THE CORPORATE UA4175 OF 7HE U1417ED OFY OF'YORKVILLE BOUNDARY LINE SINGLE FAMILY DETACHED F778 arm 66X J DAWEN57ONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERMSE NOTED. ROADWAY EASEMENT RETEM77ON&OPENTSPACE,"LT 127) 4,69 m. YaX NEIGH1901214CM IM6 SE79ACK 4. NO DIMENSIONS 94ALL BE ASSUMED BY SCALING, LOT UNEI TOTAL GROSS ACRES 26.00 am I looz - s I DVM BY.' INT:[ DATF_ MkEgr No. LINE TOTAL RESIDENTIAL LOTS- 126 xs 02-2.T-06 RE90­0801015.of PRaPER S7P= 5. EXIS77NG ZONING IS UNr7ED CITY OF YORKVILLE R-2&R-3 BUILDING SETBACK LINE LARGEST RESDEN77AL LOT SI2E=8,672 S.F. Ds�.sy, NORZ SCILE. 91EET NO- S. RE7LAND STUDY TO BE REWEAED BY CITY PRIOR TO RNAL ENGINEERING SMALLEST RESIDEN77AL LOT SZE=4,9a2 IF. 1"-501 —NOT TO SCALE 7 LOTS 127&128 To BE OWED AND MAINTAINED BY THE HOMEOWNERS ASSOCARON — — —— —— EASEMENT LINE A VERAGE RE-90EN77AL LOT SZE-5,941 IF. I CHK Y6 INT: VMT SCALE. CL Is NIA ! ---- ---. -...T I SMg ENGINEERNG N INC. , a�I4m ma s 0sn"Es PRELIMINARY P. U . D. PLAT BUILDING WIDTH AT SETBACK e� DEL WEBS WESTHAVEN LOTNO. WIDTH LOT NO. WIDTH uJ,moNt e�ev�owel.n�1�t 0070d 1 78.72 26 74.74 ROT F6£STANDARD UNIT #7 00117. FAE 060,07-oA IbL�9 Ll 2 66.00 27 104.93 I / \ REM!060/a7-t 3 66.00 28 72.00 . 7 R=25,00 4 66.00 29 72.00 A PLANNED UNIT DEVELOPMENT �� CH=12.44 CB=N31°4V23'W i s 7e.e7 30 72.00 PROPOSED ZONING - R-3 P.U.D. J/ / 6 68.91 31 7240 �\ \\ \ f J 14.06'817 'WE 7 86.37 32 7240 ` 8 76.00 33 9653 9 660 34 86.53 66440 35 68.00 u 11 66.00 36 68600 !2 71.00 37 73.00 / \ GGS� Lar t 13 7L00 38 73.00 �" \ / Q _c.5/ \ 35 a9JJ SF \ 14 66.00 39 68.00 15 6640 40 68.00 i�\ 16 66.00 41 86.94 \ , \ { \ // // < 'P 110' Q6� a \14e 17 67.00 42 83.88 j \ �' i 1 00/^\ LOT 39 18 80.49 43 66.00 ! /_1�1� Z\ 14.776 IF. \ N LOT Vt j 19 72.45 44 66.00 \ \ i V�`_ / 12'AU.&O.E IO.7� 20 66.00 45 71.00 21 67.89 46 71.00 \ /1 ��j�\�j'��j21��,00/^i\ LOT 92 .� 22 66.00 47 66.00 v l' 23 66.00 48 66.00 /// ! 5, N'c 7,9zD SF f\ /1 $ i 161•tg0 _ 24 66.00 49 66.00 /' / 00/ \� mot$ LOT3 25 66.00 50 81.90 /�/ / 10' Z \ LOT 31 N+G 7.910 SF. 'E\ ` 7160 SF. lr A LOT 30 ,!c\ /• 4/ / ye F CENTERLINE .�_ _ _ �� ��' N, 7910 SF \ /00 62% �g2 LOT 4 ° C / /\ A. C \ \ 1o' \ BOUNDARY LINE 6=0.78 R=25.OQ \ /E ��^i\ r29 aJa9 IF.1 P i CH=0.78 C@_.D117°'13'Sw'W ATE N 7,920 SF 5'4 6g \ LOT 9a ROADWAY EASEMENT _ 5.25'N16°20'20'W 60 9 ,� N�1° i�\< �i$ �1• ^ / "'�\0 4440 SF LOT LINE _ N.I."5 �•3 w L=266 Z�\ 7 9 T 21 F f\ / g&0% \ $. LOT 5 l BUILDING SETBACK LINE -� a \ /y00 / \ LOT 35 �.\ gm S.F. 10 9011 SF °- /� ^ 1�+0 >:46a sF -- -- -- EASEMENT LINE 313 N� IcT 1a, P.u.&D.e 7,4W F � � i, \/ erg. \�1?. A, •, LOT 26 & t°.7 /S �/ $ g6.0/0/\\ LOT 50 \ aJM S.F. SYNGLE-FAAAILI (CLASSIC E PREMIER LOTS) a a627IF. mo / 3 % LOT 37 `�\ , N� �� cot co SETBACK AND EASMAENT DETAL 930 SF. 4039 IF \ /QO 10'P.D.P &O.E j m �6L N N ALL LOTS S44LL NAVE )0.0 FOOT L 129.25' J �g 00/ \ar ?0 �' g6/0 \ \ ±°c. 711.78' a O IQO FOOT REAR AND 5 FOOT r �5804926'W� w /' \'\' 6L0T 3eF \� \ P.U.&D.E /5• N jo 7,260 IF i\ N84V9'36'E-�+ N SVE UTL?Y F. MAJUGE EA^.SWENM 1 LOT �g_ N27E5. L O NOTED m1 asn IF. f \ \_ LOT 39 + \ ` N ��F. ig 1.EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWl3E INDICATED q 4 Li3� N�>0 7.,eo sF \ /5;1.0/0 \\ > $. \ 66 C 20-1;OT sF 2 WHERE CITY STORM SEMERS, SANITARY SEVERS OR WATER -•119.15-_ 1 \ }o_ \\� Z\ 60747 ` , MAINS ARE RUN ALONG SIDE LOT LINES. A MINIMUM 20 FOOT wDE �580'49'Z6"W N\ LOT 40 \ /l 10 �?,0 7LOT L�3 90 P.U.&D.. (10 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT rn c 7,673 sF \ /g 00 >;•$ 6600 35' o.l� SHALL BE PROVIDED. o_ LOT 24 _ I s \ / LOT�S fX 10'PU.&D.f. 1 $53t S.F. 20f' {10'P.U.&O.E. a748 £\\ sr. _ \ /4g 00 �` 6g' 4.68 _ L 729.25'- 11 gg/ y\ LOT 46 \f _ / } 5so.-26 w i C o 7,670 IF /Op •/\ _.LOT9 i \ t�j _ _ ..... N�' 9.139 SF. c 20'REAR 1 61 0 6g/ N' LOT t0 .U.&D.E SETBACK ^\\ \ U l LOT 23 71.2T 5.27/ g\ LOT 44 \ N\ - I 5' I LINE � 4531 SF, 1 _ Q0 N�i 7,160 SF. 10'Mix SIDE P.U.&D.E. 5 J v=7 -,� scb 4zso SF SETBACK /\ �d LINE(TOTAL) \j -129.15'�W 1 14 N 7,16s sF 4\ 20' N� 260 SF. 5'B.SL , -580'49'26 5' 1 ` a \ 600 P.U&O.E 10' 10' LOT a2 s� d0 i$ 7250' P.U.&D.E. ` 5'P.U.&D.E ((�`!(� �+ p , / LOT t2 I v v� P.UADX.LOT 72 �® N 9.6J7 SF. f\ / 10 O 7,MD SF. �\ �O 72.�' K J - 1D P.u&n.E I, s66°44'aa -� 1 �p 4a75 SF , N \ g6 p0 gboo aSL \�\\ ��g� "W 20'FROM L rol / \ \ / % \ LOT 13 _ Q �13q,64 i 10�� \\\\/// /38 �P 10' E`"N+� >;6rD sF \t^ /• ]Q• PROPERTY O STk7= ' Q �512y 973,P.U.&D.E v /g9 /66/ \ LOT 14 �pY�. UNE 2 W , w C / J��.0 7,260 S.F. \ - - - - -NOT TO SCALE !, L103 m� LOT 21 Op/\ YY \ 11, 16 s•� a m 7O'talcs IF f1}0 j �j/ \ \ LOT 15 > S' ^^5F7�' LA/`D l�(SE SC.NrA1/lAR7' �' v N U.�E » 7.26s IF t^\� / �]" R OF 1 g4'. / ^ III II 3`r/\ " LAND USE ACREAGE TOTAL ACRES en HATCHED AREAS DENOTE PRIVATE ROAD&UDLITY EASEMENT. Z VI P PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY W o` 1148 a06 IN \ t�iD' SINGLE FAMILY DETACHED I 9.97 0e. I 76x I, THE HOMEOMNERS ASSOCIATION. ROADWAY EASEMENT PROVISIONS 1J��, / 562 m 9 ry \ LOT 16 �^\ /• ROADWAY EASEMENT(LOT 51 3.12 oe._ 24x TO BE PROVIDED ON FINAL SUBDIVISION PLAT. N i �/ `J ` a622 sF \ TOTAL GROSS ACRES 1109 9c. I faux 6 / 7DIAL RESIDENTIAL LOTS-50 { A BLANKET UTILITY, DRAINAGE AND PEDESTRUIN EASEMENT O CO LOT 20 � '7'' \ �� ' PER THE EASEMENT PROVISIONS SHOWN HEREON.IS HEREBY 5.724 sF / 4 /\ , s f I LARGEST RMDEN71AL LOT SIZE- 14.419 SF. GRAPHIC SCALE DEDICATED OVER ALL OPEN-%-ACE LOTS __\11 �i % LOT17 SMALLEST RESIDENTIAL LOT SIZE-7,260 SF. \•OZ r \ \ & t� AVERAGE RESIDENTAL LOT SIZE-8,682 SF. o 0 a 4a +m tm /114)51 20 � r ^ h 1.ANNOTATION ABBREVIA77ONS- tae��\ //551 1� B SL \ 10-'. �4� CURVE TABLE 1 3 fL aS.L -BUILDING SE73ACK LINE s / 3I LOT to CURVE LENGTH RADIUS CHORD HORD BEARING POB POWT OF BEGINMNG >, ` LOT 18 �} 17,646 SF /1 PCC=PONT OF COMMENCEMENT >\ (4,119 SF. 1�`"I V Cl 38.91 25.00 3510 N17.43.WE P.U.&D.E -PUBLIC U71UlY&DRAINAGE EASEMENT •,>„ .1.N / C2 39.27 25.00 35.36 N72'41'54'V ��In�INARY P•V.D• PLAT SM.E STORMWA7ER MANAGEMENT I`o / 06 C3 21.68 25.00 21.00 S87.OB'3F9 DEL WEBB - MW HAVEN T.A.E = TEMPORARY ACCESS EASEMENT 20' C4 21.68 2540 21.00 S52'32117'E L T 7 H.O.A. LANDSCAPE SOGIADON �2jT 2i P.U. // A'j9.56 11.{7^"ell ob 70QI�(ILLE1 -LINOIJ C5 39.27 25.00 35.36 M7'18'06'E RE ROADWAY EASEMENT C6 21.68 25.00 21.00 S37.27'43'W 2 THIS PROPERTY IS WWN 7HE CORPORATE LIMITS OF THE UM7ED CITY OF YORKVILLE. eJ 4`f L 21 •"M,,.,/��(0IAQ� C7 20.94 25.00 20.33 NO3'S0'02'W 2 ` F` CB 39.49 25.00 35.51 S72'26'2B'E ii] 3. DIMENSIONS ALONG CURIE'S ARE ARC DISTANCE'S UNLESS 07HERMiSE NOTED. / v 4 l�J�'- C9 39.27 25.00 35.36 S35'49'26'W 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING ` j C10 39.24 25.00 35.34 S54'12'19'E REWISMS DWN BY: M DATE PROD=N0. S. E7057NC ZONING IS UNITED CITY OF YORKVILLE R-2&R-3 / 031 58.56 325.00 38.48 S22'32'10'E t. rs a1-u-96 Jos 02-2J--06 NEBB-060707.01 6. WEIAND STUDY TO BE R£VIEMED BY CITY PRIOR TO FINAL ENGINEERING. l C12 40.41 125..0 40.23 N71.3346'E 2 DSN BY: WT: HaBZ SCALE: 7.LOT 57 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIA77GIN. 013 40.63 325.00 40.60 N12'45'27'W •S 1''50' 014 105.06 325.00 104.61 S382614E ~ CF1K�7 wT- �T SCALE T` a c LD NIA i spa ENGINEERING CONSULTANTS; INC. clvu/eectOm eansm um sL9aBPRELIMINARY P. U . D. PLAT uim°m emao D ELL �T E B B - �l E1 S T H AV E lei m .-� - II2na01e FeolrmetoxeL 17�1GI1 FBOI/lea-o0oi0s UNIT #8 eon-EV°RD \ 009I2/_Pn w•EdM9 PLOT FaESTANDARD - lfflk 00012I-/ \ A PLANNED UNIT DEVELOPMENT _ Z- TNAVEN \ \ PROPOSED ZONING - R-3 P.U.D. S $ 1 - -s ��� \ CD ! N •452o E , \ \ _ 170. 80 110.00 10'P.U&UE T in E \ BUILDING WIDTH AT SETBACK Nye p� $1 a°se sr. 5. \ LOT NO. WIDTH LOTNO. WIDTH 66.00 39 66.00 NEB y /SON 3� N � ty L.12 "E�� `r } 2 66.00 40 66.00 / N80149-26 r 3 66.13 41 66.00 I 66.17 42 66.00 LOT 1a o LO7 TII f q 1p' 4 �F 1 3 66.17 43 66.00 P a]79 sF 1 i 6 6617 44 66.00 / 9h.` AZT 20 P.V.&O.E?\ LOT 18 o e 7"� +g $1 �• 7 66.17 45 66.00 46 6600 / 7 N LOT 17 9 6641V f0 s054 sF 1 _J p 66.17 48 86.04 56 0' ' } 11 66.17 49 66.00 ' • L ar<\moo• ,` L 40 9 8 Bad' q LOT 23 �$ 11 12 6617 50 83.33 I LOT 18 r / °' 1 aosi SF. /9 4312 S.F. - N 13 66.17 51 101.54 Ay,6 P? N /�`VlG✓ �j 14 66.17 52 82.39 / / 7 10' `%-�'• L 125.85'-_ G� r' O 1 4 15 66.17 53 66.00 / - 4928E Wli4 16 66.37 54 81.04 P.0---OT 15 /69 -N8p' m 4 1 CENTERLINE .AIL \\ 405e S.F. LA?" 66Y0, 56�00'� } 17 66.17 55 117.97 ^• 18 66.46 56 69.42 LOT BOUNDARY CANE / / by/ y{l,:�,? ' 53 9. 8' - 111 °ia g 2 1n 19 66.00 37 71.62 ROADWAY EASEMENT / / \ 9 IIII L,7B.i f0' ` g 1 13' 20 80.49 58 71.62 / �� 6 / ` ` 1 P.U.&U.E. 5,- LOT LINE / < 5 1 1 o LOT 83 �, 49.26-E� 21 66.00 59 66.00 LOT is \ \• 15 m w n -125-V ' 22 66.00 60 66.00 \ aaJO sF X33 / P.u.&u. u m 9,837 IF -N80' 1 23 66.00 61 7011 BUILDING SE78AGT LINE /Cb fy / , \ 'S LOT 64 10' 4211 sF. % PUS � \ ` 24 - - - - - / / //!0=c�y b;/�/ `�S`yJ�4\•� �G��N b yS /\S��\a w 63 80.49 EASEMENT LINE g JIY SF 23 6600 9]8 65 83.27 66.00 26 1 66.00 64� . r LOT� 5. 28 84.18 66 87.00 LOT 19 9.070 SF '4090 SF 0SAGLE-FAMLY (CLAC E P LOTS) 7 p5 30 82.50 68 87.0 SETRACIC AAD EASE46VT QETAK / ^ \N6 7j*O? �N '6. \i 56.29 ' 31 82.50 69 87.00 A 139• \ / LOT e7 a^\ g 7�4'i }0'P.U&U.E m LOT 28 0 ALL LOTS $HALL HAVE /�O FOOT w w / 113 asT7 sF \� 5g'9 �'/3 j1 E �- i 1 15'4m S.F. 32 81.15 70 87.00 1 1474 g 33 66.00 71 87.00 APQNT, 10.0 FOOT RF112 AND 5 FOOT / ! w w , �, as. �\ C \ Lo7 e2 P.U=1(1125 9$ L71 I 34 66.00 72 87.00 / C L0712 70 ., �, 12,e68 SF 35 66.00 73 83.03 .SIDE UTLITY F. DRAINAGE EASER45VTS / 2 a7o0 sF b �00 }0' \\ 1 v;W 7 / �3�\ 0• k�S \ �m:� N80'49'26°E a 36 66.00 74 66.00 LA LESS OTI•�W /11bT® l� LOT 51 ^L °' \ 37 66.00 75 66.00 EASEMENT No TER. 1. DAMENS70NS ARE TPICAL UNLESS 07HERW/SE INDICATED ' W 1 �N)5�?By'`-1/Nl, LOT 61 \ �� �$�� 11.49J S.F. 3�\ 5. p, a4n sF �+ 9 38 66.00 2. WHERE'CITY STORM SEWERS SANITARY SEWERS OR WATER *7 15'dsJ7 SF \ LOT W MAINS ARE RUN ALONG SIDE LOT LINES A MINIMUM 20 FOOT WIDE 10.M P.U.&UE "1 It,662 sF 4� 4 - (}0 FEET EACH SIDE)PUBLIC U77LITY AND DRAINAGE EASEMENT 7 1 �91 �g o7� \�/ \/c50'1 1J0.79'- LOT 11 Try --\ SHALL BE PROHDE0. I co O b' AOC9 sF Ih r �S7'1p.00 b W J ~sly9 \ L5 a3 L Ng0'49'26�� 10'P.U&O.E. I 2 `� 1 74�'� 2 20.\ 3 m 10'P.U.&D.E 0 B.SL J 72' -- - - - - - I Z -Na5240T-w �o� a e ZD'� i F .; LO7 B SF 6.6 } 20'REAR I O b '� .U.&D.E. I SETBACK I I A- mI LOT 10 I� I J 2I I 57%4 i 16 7'13•E/ ESN��� 5• I LINE N �� 4092 SF o, -170.00- 15' 10'MIN.SIDE t.1.&D.E. A N87T16'J2'E-N �1 - J'' P.U.&!LE SETBACK I I I L _132.79•- �q a� -127.48- wr 10' r III;ICI JPS\ LINE(TOTAL) I ' �1° •nN I 5'aSL I I S84'53'JD"W--I r L0770 �10+ 58229'18' �I P.U. .£ r GpN 10 P.U.&O.E 5'P.U.&D.E. Z 1 4sn SF. �.1 #� �:� C 14967�sF \ OR 10'P.U&D.E. I S,Qo m1 LOT 9 "' r 1 F x077 S.F. 00 "LOToSSF ,8J L� \ LINE e 2 34'5-11'02 W' ` yam.•, 1 ,36 B.SL ��h. SETBACK 3 � SIFT j 2 1� X1 � PROPERTY ` r X57 �N r� A5T7 s 93 F LOT 55 uAVE _ _ I LOT a O �� �� m� LOT 57 m a140 Sr. 10,17 05 �J?d S)/ 11.90 SF. N N J HATCHED AREAS DENOTE PRIVATE ROAD&UTILITY EASEMENT. LOT 72 PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY \ 3 5'Z �a, < Q7• \ THE HOWEOWNERS ASSOCIATION.ROADWAY EASEMENT PROW.90NS Z. i�1 \4xn SF. ✓e/ JJ• 66.\ L 115 TO BE PROVIDED ON FINAL SUBDIVISION PLAT. \ C LOT T ,pr,�•17'. 1 F ne °p 28 33' 49.42 A BLANKET U77UTY, DRAINAGE AND PEDESTRIAN EASEMENT , aow SF '�� '� OQ JE. 77•' ,E� s PER THE EASEMENT PROVISIONS SHORN HEREON, Is HEREBY \ Z� �� �� .� `TJr\ �� O N797 GRAPHIC SCALE DEDICATED OVER ALL OPEN SPACE LOTS \ ay �;ob ?� O�� w >s w Jm >m >. CURVE TABLE 1. ANNOTA7701V ABOREWA77ONS- ]�71=3 tZ C 7�9F � CURVE LENGTH RADIUS CHORD CHORD BEARING (m Farr) CL 39.27 25.00 35.36 N35'49'26'E 1 lneh=80 R B.S.L. =BUILDING SETBACK LINE 0k \•sue Poo=POINT OF BEGINNING h - C2 39.27 25.00 3536 N54'10'34'V POC=POINT OF COMMENCEMENT y ,S7 �J� \,v ^ C3 39.27 25.00 35.36 N35.49'26'E P.U.&O.E. =PUBLIC UTILITY&DRAINAGE EASEMENT \ u� 'S Ab f0' ! f� C4 36.37 25.00 33.25 N57.29'55'W P128/AeWNARY P.LLD. PLAT S.M.E. =STORMWA7ER MANAGEMENT \ `Q /y ]may �?�4VW CS 2338 25.00 22.53 S271281091W - VNES7l-lA VM T.A.E. = TEMPORARY ACCESS EASEMENT ` C �, fij LAIQ 113E MARY C6 2258 25.00 2L82 N79'27'34'E f LNT u8 L.E. - LANDSCAPE EASEMENT \ �k p !V C7 34.74 25.00 32.01 N71'33'46E H.O.A. =HOMEOWNER'S ASSOCIA77ON \ ,� ;7 �, z a` Y00cvLL=_ L04a$ R.E.=ROADWAY EASEMENT \\ 8 s!'s�. /1 N LOT LAND USE ACREAGE �TOTAC ACRES CB 34.74 25.00 32.01 N28.49'34'W (q• Z SINGLE FAMILY DETACHED 15.67 x 77Z C9 3624 25.00 33.15 N01.03'38'E Z THIS PROPERTY IS W17NN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKV9I F •� 7 SLp, 20'7 �O ROADWAY EASEMENT LOT 7fi 4.79 oc 2JZ CIO 36.24 25.00 33.15 S64.07'04'V A8 .I DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OIHERW6£NOTED. �` P.U&D.E Q- TOTAL GROSS ACRES 1 20.40.c 1 100R Cll 2293 25.00 22.05 N78.05'10'E _- 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING q� J C12 22.83 25.00 22.05 N49.35'02'V REVI90NS OVM BY: MT: DATE PROJECT NO. ry TOTAL RESIDENTIAL LOTS= 75 � ei � C33 190.48 250.00 185.91 S20'45'40'W 1. A:5 a1-z5-ae ACS 02-23-06 NEBB-06012L 07 5.EAIS77NO ZONING IS UNITED CITY OF YORKWLLE R-2&R-3 LARGEST RESIDENTIAL LOT SIZE- 14,967 SF. 7I7r_B7 SMALLEST RESIDENTIAL LOT WZE= 7,244 S.F. C14 72.86 150.00 72.L5 S66.54'32V 2 DSN BY: MT: HORR SCALE: SHEET NO. 6. WETLAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGNEERANG \ "O7O (J AVERAGE RESM77AL LOT SIZE= 9.067 SF. C15 886.89 340.00 655.99 SO6'OS'46'V - 1'=50' 7_LOT 76 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. �O�' C16 464.77 400.00 439.06 S42'27'45'E S �� wT �T 14 NIA i PRELIMINARY P. U . D. PLATIH ENGINEERING CONSULTANTS; INC. C1YD,,61'SOC106.L SQ1GIIi1RF8.SAID sp$v CONSULTANTS., DEL WEBB - WESTHAVEN � =M"aN r®- le°4"O eotn4 7 UNIT #8 L� ,� �-'.'�d� ' PLOT F3ES7ANOAR9 06o12I_2 A PLANNED UNIT DEVELOPMENT BUILDING WIDTH AT SETBACK PROPOSED ZONING - R-3 P.U.D. LOT NO. WID°TH LO 390. W1D°TH 2 66.00 40 66.00 1 3 66.13 41 66.00 4 66j7 42 66.00 OQ' V� 5 6617 43 66.00 .7 6 66.17 44 66.00 (A'N�`Grr j�s ��00 00 7 66.17 45 66.00 /� KF'- B 6617 46 66.00 �•({r / / NOGG 0 9 66617 47 66.18 .E� •. 10 66.17 48 86.04 11 66.17 49 66,00 ,146 12 66.17 5 LOT 29 '2.19 3 I 6617 51 180154 14 66.17 52 82 14102 S / �\ 3• S�� I .39 F IS 66.17 53 66.00 1! ►9 '� F 16 66.17 54 81.04 17 66.17 55 117.97 \ / LOT // p 18 66.46 56 69.42 10,eas SF / I� N '� 1J 19 66.00 57 7L62 / 20' ��9� 5• 5' OO O QQ1^ 20 80.49 58 7L62 • u N 21 66.00 59 7L62 ti ^ 6`1��� �- -t rIE� 22 66.00 60 66.00 9`y��' 1D w C LOT 31 p A' 23 66.00 61 70.11 / 3-9 11,485 sr. ,"� ` m 24 66.00 62 86.86 v �yry `'\ �a•e4 25 66.00 63 80.49 7 \V /# 20'B.SL ry� /-86 00'S7 0 26 66.00 64 66.00 1 LOT 6t \ ? LOT 3Z 5�$B 14.1�. 27 66.00 65 83.91 y \ /\ J IOB7I S.F. ! f0' 66; F 28 8418 65 87.00 �P.U.A•ILE, g.o mss . N i•� -7 /�66 op' 98-00'$75, 29 B2.50 67 87.00 C'o / 44'',x. 30 82,50 68 87.00 a LOT 33 S.o° �6 31 B2.50 69 87.00 �C9 \\0•�° `/ ^his. 28.33• ` ,e.\ /3-l` S n LOT x ♦ 1 / 166�. 32 BL15 70 87.00 17.7 • �\ LOT 83 780 SF. 33 66.00 71 87.00 LOr 73 /v $27 38 / \\ 1 ss6 SF. ?q 1 2 a` LOT 35 P / h' 1 s / 4306 SF !� •+` 15'P.U&f/.E v 7.250 SF. g•0 LOT 38 g q,p° /,W 34 66.00 72 87.00 LOT 38 / g'� / \ /� / ` 66, r 2 10'n $415 sF y th LOT 37 "1 $ SF y / 36 66.00 74 66.00 4/� \ •�aY LOT T4 /atv T J y�./ �! �' ` e e 9.%7 S.F. r•� O A ?'4 4246 SF y.�+ 0 y� 'p- 6°• 1 j/� TO• w ./ y 37 66.00 75 66.00 LOT 76 6 \ 6 \ 1 n 1907 I ^ 38 66.00 $Seo Sr. .�•1V 20' / 0�.E / 66.p0. ' �" I V I rP.U.dU.E 2 7.956 SF. y f2.40�F .S.L $j J LOT n�7a 5600• - CURVE TABLE \0 �, +�' II.252 SF. / La `.61.38 10' 3-v/ \ /g/ 7?sT Les s6�s ��r\ v CURVE LENGTH RADIUS CHORD CHORD BEARING �J� X0.9 �,�• P.U.&U.E /9k >.�=�s• 5' l B�� ��\ I Cl 39.27 25.00 35.36 N35.49'26'.E i.� \ /� ab / 0• ^� C2 39.27 25.00 35.36 N54'10'34'W 4, �v 'D• / q7 �1" "� C3 39.27 25.00 35.36 N35.49'26'�E V� .,\\ \\� ^ 0 s�•90• / Ste, \ LOT 49 F l ary l 3 r10•P.U.&U.E �, ` 'f.3 C4 3637 25.00 33.25 N57.29'55'W / •1• \yFt7 �J \ 5- b%� 3 5 6g�, rj�� C5 23.38 25.00 2253 S27'28109'W LOT 4 J sazi SF \/ ?ry LOT as h,o $ 6 !(� 20'7989 u s a3` !\6Q 1° 20' �{. {y. `p O 6B W C6 2258 25.00 2L82 N79'27'34,E I2,ti5 SF. 0'�•1 LOT 46 M P ^O p 5, �• M/ .v `'eP / h 8233 Sr. ^"�- LOT 46F O y LOT 44� I 2 O h n 3 N C7 34.74 25.00 32,01 N71.33'46'E i L0T3 p a3 /\a• �'/ `ty.� / y b 7,260 SF. 6.Da ip f0' l O CB 34.74 25.00 32.01 N28'49'34.1J B� 5' � 7,645u 6.� LOT 60 F PU. U.E- r r y T FJ •N C9 36.24 25.00 33.15 NOL'03'38'E N 87 \� / 10' O'my / \ 70,741 SF. \\ ��' l/ P U.&U.IE y 837 sr: v°.o° \. ''moo���^� 'r 6/ ^ r� O! C30 36.24 25.00 33.15 584 07'04'W p•°,,� P.0-&U.. , L0T2 >� \��� - - --i 1 L -J - - r - - 44 - - cll - - 22.83 2500 22.05 N78'05'10'E li `4, L I Mry -7,z60 sF. 8 Ssj. q7- 9304' 7238 68.27 I 70' N s` •7,3 G T - .� LOT 42 v N q C72 _ 22.83 _25.00 _ „��2.05 N49 35'02'V ._- -. ?? - Dq qq\ / 10• CDT1 --� 3'v4 ro/ -_.. `rs•z\ - - --_ .. .$ .P.U.&UE - .$492 sF' - /�lJ7.19 o QO,-. _ -.. -. -.C13 190.48 -250.W 145.91 J__ _. . 7250 SF ry'1 F \ 233.69'569 26'24'1 --- -- 66 C- J y S$ OD . \ g2• -Op' \ 'r C14 72.86 150.00 72.15 S66 4'32'W ZQe 5 q' LOT 81 \\� N75°¢Q, @\ ` L0741 3 C15 886.89 340.00 655.99 S06.05'46'W qq. �•� p• i0. $70s u m, / / M$ C36 464.77 400.00 439.06 542.279459E IN`�°3Tt- \\�`� l a.;N .U. U. �9ry° ^� '�� 1�1 \ 1 I �'r LOT 40 CO - 110.00'- Slb" s0 S3 '?a h 7.450 SA o um ax�s\ L=34.74 R=25.00 170.' 'S88°56'00"W _ _ -- - J WESTNAE� - - H=32.01 CB=N28°49'34"W __ - - -- - -' - - 13z 00, 66� J NITY ( -- - - I �-- - - - VA2D -Nis� p,ME i SETBACK AAQ EAR DETAK L=58.87 R=280.00 Wes ALL B�E _ - - CH=58.76 C6=SO4.5T23"W - ALL LOTS SHALL HAVE IRO FOOT MOT 100 FOOT REAR AND 5 FOOT SW UTLITY E D.9A V4GE EASE WWM moms, UV-MS OTRWVO B AOTW I. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERMSE INDICATED HATCHED AREAS DENOTE PRIVATE ROAD&V77LITY EASEMENT. 2 WHERE CITY STDRM SERER$ SANITARY SEWERS OR WATER PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY MAINS ARE RUN ALONG SIDE LOT LINES A M/NINUM ZO FOOT N9D£ THE HOMEOWNERS ASSOCTAAON. ROADWAY EASEMENT PRONSONS (10 FEET EACH SIDE)PUBLIC U77UTY AND DRAINAGE EASEMENT TO BE PROVIDED ON FINAL SUBDIVISION PLAT. a SHALL BE PRONDE•D. A BLANKET U77UTY,DRAINAGE AND PEDESTRIAN EASEMENT PER THE EASEMENT PROVISIONS SHOWN HEREON, 1S HEREBY 10'P.u.&D.E GRAPHIC SCALE l0'P.U.&D.E: DEDICATED OVER ALL OPEN SPACE L075. - - - ® x m Tae � goo 70•� 20'REAR 1. ANNOTATION ABBRENAT7ONS- NO (lN asrr 1 P.U.&D.I- SETBACK B.SL=BUILDING SETBACK LINE 1 inch= 6a It I 5' I LINE POS=POINT OF BEGINNING 10•MIN.SIDE P.U&D.E. POC-POINT OF COMMENCEMENT SMACK I P.U.&O.E =PUBLIC U77LITY&DRAINAGE EASEMENT RM-A&VAJ2Y P.L(D. PLAT LINE(TOTAL) SM.E =S7ORMWA7ER MANAGEMENT T.A.E- TEMPORARY ACCESS EASEMENT �' W� - V J^TF1AV� 10' S'B.SL I LE =LANDSCAPE EASEMENT - CENTERLINE LAW LGE- yf4PY L VT ve 5'P.U.&D.E. H.O. =HOMEOWNER'S ASSOCIA77ON z OF Y LLBV015+ I R.E. -ROADWAY EASEMENT J - �f0'P.U.dcD.E BOUNDARY LINE LAND USE ACREAGE TOTAL ACRES J 2 THIS PROPERTY IS W7HIN THE CORPORATE LIMITS OF THE UNITED CTY OF YORKNLLE. SINGLE FAMILY DETACHED 75.67 0c 77X - - 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. -- ROADWAY EASEMENT ROADWAY EASEMENT LOT 76 4.79 0e. 235 20'FRONT TOTAL GROSS ACRES 1 20.40 ac 1 TOOK SETBACK 3 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING, LOT LINE REN810N5 I D"I BY: INB DATE: PR0.ECT N0. LINE o TOTAL REMEN77AL L073- 75 1. .AS a.7-23-06 ,IGS p2-23-p6 N£8B-OB0121.01 PROPERTY O STRIEET a EXIS77NG ZONING IS U0V7ED d7Y OF YORKVKLE R-2&R-3 BUILDING SETBACK LINE LARGEST RESDENTAL LOT SIZE= 74,967 SF. E DSN BY MI'f: HORR SCALE: SHEET.N0. LINE R W 8. WETLAND STUDY TO BE RENEWED BY GTY PRIOR TO FINAL ENGINEERING. SMALLEST RESIDENTIAL LOT SIZE- 7,244 S.F. d - 1=50" TO SCALE 7. LOT 76 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOGA770N. - ------ EASEMENT LINE AVERAGE RESIDENTIAL LOT SIZE=9,067 SF. 4, CHK BY: TNT: VERT SCALE $ CLO N/A ^ ^ � � ` ^ E:SAUTH ENGMEMG CQNSULTANTS*� INC. PRELIMINARY P. U . D. PLAT M�ff� Caw.ME,OM09-pm Eft UNIT #9 VWW BU1LDfNG MDTH AT SETBACK PROPOSFED ZONING R-3 P.U.D. I 4a00 35 4UO C5 W 5 43.00 39 69.09 10 47.99 44 47.50 11 45.77 45 cs LOT 25 LOT 20 13 47.7e 47 cs LOT 2D),�S LOT 22 LOT 23 0, LOT 25 STORMWA TER MANAGEUEN T 14 47.72 48 43.80 :0 LOT 19 LOT is 1� LOT Is 44.40 51 49.00 10,552 IF. is 43.00 52 44.00 7.3a3 IF 7 CB=SO6'28'OM 19 43.00 53 4419 1 21 48.00 55 57.85 Man IF. 2 27 48.00 61 43.00 LOT 64Z LOT z too IF d OCT 81 LOT 31 F 30 45.11 64 43.00 LOT 67 14 cl) 33 120.02 6 10, -687 IF 48.00 143.00- CURVE TABLE B752'10 NB7'WS2 LOT 55 LOT 33 CURVE LENGTH RADIUS CHORD C RD BEARING IF R, LOT LOT 5 4972 5,rj cio 45.82 25.00 39.67 S72100'33'E co L11 U2.88 375.00 lIP-46 N25-5,T28'V 7.01, 00010MM 8 C12 49.63 32540 49.58 NO2'14'39'E LOT 5 C13 169.56 300.00 167.31 S71-40-39-Y 4046 47.50 4;_ 4z5o, 4750' 4Z50' 36 C14 1 175.00 71.17 N80'23'56'W IF F_2_5 66.77 125.00 5v' 2E. IF a LOT 3 LOT 46 C314 I, 10 �52'101E LOT 38 A. gj 3W.29' 16 ly SNGLE-FAMLY (MANOR LOTS) _QK AND 46 ALL LOTS SLOLL kAVE 10.0 FOOT NO LN-EW OTAEMWE NOTED I. EASEMOV r DWN90NS ARE TYPICAL UNLESS OTH0?WSE INDICA TED HATCHED AREAS DENOTE PRIVATE ROAD&U77LITY E45EVENT. 2 WERE CITY STORM SENEXS� SANITARY SEWERS OR WA TV PRIVATE ROAOWA Y EASEMENT TO BE OWVEO AND MAINTAINED BY MAINS ARE RUN ALONG SOF LOT LINES; A MINIMUM 20 FOOT WDE THE HOUEONNERS ASSOCIATION ROADWAY EASEMENT PROVISIONS (10 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE CASEMENT TO BE PRO WDED ON F94AL SUBDIW90N PLAT SHALL BE PROWDED A&AW.ET UI7UTn DRAINAGE AND PEDESTRIAN EASEMENT 0'P.U.&D.E. PER THE EASEMENr PROWSIONS SIIOW HEREON,IS HEREBY GRAPHIC SCALE DEDICATED OVER ALL OPEN SPACE L07S 20'REAR A000 SETBACK 1. ANNOTA77ON AZBREWA77ONS- NO "w) .U.&D.F- LINE aSf BUILDING SETBACK LINE I I-h CK 10'AMV. SIDE P08:POINT OF BEGINNING (TOTAL) P.U.&O.F_ PUBLIC UTILITY&DRAINAGE SA_EMENT Horne H �­O'P.u.&O.E T.A.E. TEMPORARY ACCESS EASEMENT DM WEM - VeSTPAVEN P. 3'SIDE LE. -LANDSCAPE E4SEMENT U4T #9 10'P.U.&O.E. A�ROADWAY EASEMENT" BOUNDARY LINE TOTAL ACRES _j IVE 2 THIS PROPERTY IS WTHIN THE CORPORATE LIMITS OF 774E UN17ED CIrY OF YORKWLi.E. SINGLE FAMILY DETACHED 9.7f or- 64X Jn 7'oN OPEN SPACE(LOT 5SP) 3.13 2aX J.DIMENSONS ALONG CURWS ARE ARC DISTANCES UNLESS OTHERMSE'NOTED. ROADWAY EASEMENT NMGHBORHCOD U9 SE TBA CK 4.NO D&I94.51ONS gi4LL aE ASSUMED BY SCALING. LOT uw TOTAL 1 1&17 am I_0OX S i DYM Br INT., DATE, PRGA=NM PROPERTY 6. WEILAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING, 70 I STWEE7 BUILDING SEMACK LINE LARGEST RESIDENTIAL LOT_T,2F- IZ283 S.F. I DSN BY. INT. HWIZ SCALE-. 0. LINE SMALLEST RESDENTIAL LOT SIZE 4,902 SF. -NOT TO SCALE, 7 L073 69&70 71)BE OWED AND MAINTAINED BY THE HOMEOWNERS ASSMATION. EASEMENT LINE AVERAGE RESIDEIV77AL LOT SIZE 6,217-F. CHK BY' INT. VERT SCALE-- 16 � SMITH ENGINEERING CONSULTANTS; INC. ,,B=CjMt"M(GROMRS AND BUMM OS PRELIMINARY P. U . D. PLAT C"s DEL WEBB - WESTHAVEN COMP.I"-W0109-p OaLdW MOT FM-SrANDARV Cyr el 7.919 wm 060109-1 UNIT # 10 A0, 4, so �1,21V A PLANNED UNIT DEVELOPMENT LOT 80 C I N 0 6.128 SF. -Al PROPOSED ZONING R-3 P.U.D. 3D -1 6,167 IF 70- c LOT 79 o 4. I9m IF rjo L LOT a At lie 43V IF. 7 LOT 21'. -7. 7 7,F96 F. 10 4p. LOT 78 -V 4051P. 1� L.OT 83 00, vev to' to. #10 %"4 IF P. �000,� LOT 28 7. S.F. Ir- -,44 L w LOT Ty F. 7.060 I X5OT 70 IF / �Q LOT 83 LOT 71 &M IF %670 IF _k I ky LOT 27 LOT 61 R745IF 00 LOT 76 LOT NSF. 1. I I- LOT 84 LOT W a,-SF 7.581 sr. 9,158 Sr.. P.U. La 20' 5' Boal 161. -7 - .�U . LOT 75 LOT I to' _7 BOUNDARY LINE LOT 28 LOT 73 LOT 90 - A­11� 4209 IF.. ROADWAY EASEMENT A U.&Q.E. &I 1 LOT as "'S LOT 74 to - - LOT LINE 8.1 IF , ;X4 LOT 7.413.&F. 10' my 10' f54 P.U. I' 7,N BUILDING SETBACK LIVE �4j 14 9J� y5 1.07 24 LOT a 095 4290 IF•EASEMENT LINE ?I!1_4 I, N1 LOT 2M3, 21' 2 1 20- TZ LOT LOT 3 Ale 5.175SIF. fa2#8 .?I-_ . h P 70915F. ' SING Lf_r_-'-F_"lLX (CLASSIC E PREM52 LOTS) 88 -4 LOT 2D SETBACK AW EASEMENT DETAIL IBM SF.q-,. 20'• B' 4 LOT 19 ALL LOTS SLJALL HAVE lQ0 MOOT 7.5W IF L LOT4 P% WT, 100 FOOT kFAe AAD 5 FOOT Ac? L ��,/py LOT 18 L L / b x610 SF SCE UTXrrY .9 DRAJ"GE EASEMENTS :Z4�,_j T_ 13-77 LOT18 LALEW OTPEMISE NOTED IVO=l 0 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED --v-414 o LOTS 10' I RVORE CITY STORM SEWERS SANITARY SEWERS OR WATER 14 G.&M SF. P.U. MAINS ARE RUN ALONG SIDE LOT ONES; A MINIMUM 20 FOOT WOE IF /10 it 00 1.t y (70 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT Z§ , LOT,1,3, 10, Of. 'a. qk) LoTm SHALL BE FRONDED. -T LarI2 ?O'P.U.&D.E 20j to*P.u.&D.E, .11 LOTH I A &I Ab 5,107 IF. LOTIO 34 -20 L0i'6 &OX IF. cq LO9 TS, e j +20'REAR SETBACK At? CV), Z IF P.U.&O.E - - LOTT -1v 5� LINE aIT7 IF P.0 10'MIN. SIDE O.E. 20'TO BE CONICXED .69 L j viii J SETBACK TO KENDALL COUNTY P u.&D. I \ LINE(TOTAL) B.a FOR ROADWAY PURPOSES 0 QQ L If 7.00, 175.98'S667Ijj-,E P.U lo-, --5.P.U.&O.E: Q t 10.P.U.&D.C. 20FFRONT rz SETBACK BUILDING WIDTH AT SETBACK LINE PaaPERTr o STREET LCITNO_ WIDTH LOT NO. WIDTH LOTNO. WIDTH LINE W -NOT rO SCALE 1 51.00 32 51.00 62 74.49 60A3 33 5L00 63 61,33 1 3 53.39 34 51.00 64 51.00 4 51.00 35 51.02 65 51.00 CURVE TABLE HATCHED AREAS DEN07E PRIVATE ROAD&U77UIY EASEMENT 5 51,68 36 51.03 66 82.99 1 - PRIVATE ROADWAY EASEMENT 70 BE OWNED AND MAINTAINED BY 6 53.81 37 51.03 67 52.20 CURVE THE HOMEOWNERS ASSOCIA770N.ROADWAY EASEMENT PROVISIONS 7 53.71 38 51.03 68 51.02 I I cl 39.27_ 25.00 1 35.36 S28'21'22'E TO BE PROVIDED ON FINAL SUMWSON PLAT. 8 5600 39 51.10 69 51.00 C2 35.27 25.00 35.36 N61.38'38'E A BLANKET UTILITY,DRAWAGE AND ftW57MAN EASEMENT 9 66.08 40 1 51.00 70 1 51.00 C3 21.68 25.00 2100 PER THE EASEMENT PROVISIONS SHOWN HEREON.IS HEREBY 10 51.03 41 51.00 71 1 51.00 C4 21.68- 25.00_ 21.130 N40"46'10'E GRAPHIC SCALE DEOIC47ED OVER ALL OPEN SPACE I=. 42 52.25 72 1 5100 C5 33.97 25.00 31.42 S2259'56*E 11 N06"001341E ,a 23 li�22 43 51.00 73 65.49 C6 22.83 25.00 22.05 13 1 51.00 44 51.00 74 1 65.49 C7 22.83 25.00 22.05 S58'20'22'W N07ES 1.56 25.00 36.95 S15*48'01*E IN mw 1 21 2 41 51.00 75 1 51.00 ce 41 ,,�2 1.ANNOTATION ABBREWA77ONS- 46 70.89 76 1 51.01 C9 41.58 25100 36.95 S68*53'45V I bh-50 fL B.S.L. -BUILDING SETBACK LINE 16 56.00 1 47 50.18 77 1 51.05 Cic 36.24 25.00 33.15 M34*48'08*W 51,111 48 63.75 78 1 51.00 cu 1 36.24 25-00 33.15 S48'15'18'W POR=POINT OF BMNNING =5 483 1 56.93 79 1 51.00 1 C12 1 121.17 700.00 1 12122 NII•41'06'E PRMIMNARY RUD. PLAT POC-POINT OF COMAIMCEMENT 18 1 P.U.&O.E:T PUBLIC UTILITY&DRAINAGE EASEMENT 1 50 1 51.02 so 1 53.5 C13 1 184.29 1 650.00 1 183.39 DM WEBS - WEZTHAVEN [ C14 289.68 S84*11'55'E T.A.E. TEMPORARY ACCESS EASEMENT 21 1 31 1 51.08 1 Lm 340 S.M.E: STORMNAZER MANAGEMENT 19 51.00 R 12. 91 1 53.57 1 400.M 1 283-39 1 LJW 9-AMARY 21 51.00 1 52 1 68,62 62 1 51.00 1 1 C15 59.84 L.E. =LANDSCAPE EASEMENT 1 300.00 1 59.74 S671381301E OF YORKALE, LLI�as N.O.A. -HoAlEOWER'S ASSOCIATION 22 1 53 1 71.45 83 1 51.00 1 1 C16 22.89 1 25.00 22.10 N00*141401W LAND USE ACREAGE ITOTAL ACRES R -ROADWAY EASEMENT �2 t SA 55.77 C17 1 22.77 25,00 22.00 S52*0 a DETACHED 14.47 69Z 5109 0 SINGLE FAMILY 4 51.00 2 - 1 55 REMV710M&,OPEN SPACE OT 92) 1 -B�D #10 2 i5i ko. , I CIO 1 21.68 25.00 21.00 S12*52'04'E T 2 THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKWLLE. 7 -- N3Q 2 51.53 56 51.00 86 51.00 C19 21.68 25.00 2LOO N61*20150-w ROADWAY EASEMENT LOT ffl 4.90 ac. 24x �l DIMENSrONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE'NOTED, 26 57.17 57 51.00 B7 70.91 C20 35.71 25.00 32,75 N52*53'33'E TOTAL GROSS ACRES 20.84 ac t00R- DWN 8Y.6 WT* DATE, PROJECT NO. 4. No DIMENSIONS_WALL BE ASSUMED BY SCALING. 27 60.74 58 51.00 88 66.16 C21 39.27 25.00 35.36 S28'21'22'E TOTAL RESIDENTIAL LOTS-91 1.1-1 JOS 02-23--06 WERS-060109.01 5. ENS71NO ZONWG IS UNITED CITY OF YORKVILLE R-2&R-3 as 51.00 59 51.00 89 51.00 C22 39.27 25.00 35.36 N61*38*38'E LARGEST RESIDENTIAL LOT Star= f0,388 SF. USH Un SHEETNO. 29 56.00 60 C23 81154 500.00 81.45 S21*18'57'W SMALLEST RESIDENTIAL LOT SIZE- %610 SF. Dj I,_SO, I HURIZ SCALE. 1s. mETLAND STUDY TO BE RENEWED BY CITY PRIOR 70 F7NAL ENGINEERING- CHK Or. VERT SCALE:30 56.00 C24 75.13 430.00 75.03 S16'58'39-V AVERAGE REWDEN77AL LOT S.W-6,928 St. 17 7.L07S 92&93 BE OWNED AND MAINTAINED By THE HOMEOWNERS- ASSUCIATION. 31 51.00 C25 156.76 700.00 1 156.43 1 S79*46'17'F x Cl 0 -------------- 7- SWrjENGlAEll%G CONSULTANTS� INC. MW SURVMRS PRELIMINARY P. U . D. PLAT DEL WEBB - WESTHAVEN COW. pWd" UNIT # 10 WEE 060109-2 A PLANNED UNIT DEVELOPMENT BUILDING MDTHATSETBACK LOT NO. -WI-D-TH -CO-TNO. -WD-TH LOTNO. WIDTH I PROPOSED ZONING R-3 P.U.D. I 5L00 -32 ��LOO -62 74149 1 2 60.83 51.00 63 61.35 1 00 51 34 . 3 53.39 64 51.00 1 `\ ` �\ '� / ,� \\\ / 4 51.00 35 5142 65 3140 1 1 3 51.68 36 51403 66 82:99 6 5181 37 51.0 67 5320 1 7 53.71 38 51.03 68 51112 1 / •r� 'T s ` / 8 56_.00 39 51.10 69 =0 40 3l.uu 70 kLl.O- 41 31.00 71 42 52.e� 72 u I OLUD TO' .,.p is 12 51.00 43 51.00 3 26 Y.n49 �4 5C�LLec -13 51.00 44 51100 Z74 65.49 LOT 42 r. rop . .... C542 IF. /_14 45 51.00 75 51 0 CH= '�040 13 5L00 46 70.89 lb 51 l 16 56.00 47 5.18 77 51J35 'y4? - 11 '16A10 48 63.75 /tI 5f A0 LOT 41 51.00 49 1 56.9 79 52.00 1 490 IF. 36 19 51.00 56 51.02 so 51 I - < .00 15' 's!AT32rlF - k� I > 20 51.00 51 31.08 el �157 701 UJ 21 51.00 6842 82 51bg 35. 53 71.45 83 51JDO i LOT 40 11!! 41 22 :� ' -23 5 51.08 84 7073 IF 24 55 80109 85 M24 5 !-.57 5_. 517 M24 CENTERLINE LOT 3 25 1 51.00 46983 SF o I M 26 57.17 L7 1 21.02 87 7051 BOUNDARY LINE 5�0� fv Rp 27 1 60.74 Be 6616 LOT 39 V .13 1 -•IT I z 51.00 59 1 51.00 89 1 5UO- ROADWAY EASEMENT LOT UJ 1 _7&63 22 -;F.15 991 91 1 %15 4779 S-30' 56,00 60 1 LOT LINE -p U.&D.E 1413RI's - , > 30 1 56-OU 33-E 31 MIDI= it < BUILDING SETBACK LINE LOT •6,674 S.F. LOT 4Q6 I CURVE TABLE EASEMENT LINE IL978 v. 5' 11 I U) CURVE LENGTH RADIUS CHORE) CHORD BEARING\ 11 x I uj 3927 25.00 3536 S29'21'22'V LOT 47 st�o 4 14 37 LOT 41 Ain IF 14 114. .9 C2 3927 25.00 3536 N61*38'38'E J52&F. SINGLE-FAMILY (CLASSIC E PREM62 LOTS) 6. - r' LOT 6,487 SF-.$LOT A&T2 IF 20' 5. C3 21.68 25.DO 21.00 N86'46'01'W -GLE 15' * - 21.00 N4(r46'10'E "TA C4 2L68 25400 SETBACK AND EASEMENT DETAIL To, C5 33.97 25.00 3L42 21. P.U. L: �•B-P N+03'17'Z S22*59'56r ALL LOTS _%44 LL WAVE JQO FOOT 70 C6 25.00 22.05 N06*00'34'E 22.83 10' 4 C7 22.83 2500 22.05 S58'20'22'W LOT 36 C11 4L58 2500 36.95 FRaVT 100 FOOT REAR AND 5 FOOT 11.16 SSE UTLJTY f DW Sl5v48'01NE AA(4GE` EASEN93VTS sr. LALEW OTA82KIW NOTED C9 4L58 2500 36.95 S68*53'45'W 33.15 N34*48'98'W No CIO 36-24 25.00 I. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED 4?- Cil 36.24 25.00 33.15 S48'15'18'W 3 LOT 35 700700.00 L C12 121.17 7 . 1202 NII•41'06*E 2. WHERE OFTY STORM SEAER.� SANITARY SEWERS OR WATER MAINS ARE RUN ALONG SIDE LOT 1.114E$A MINIMUM 20 FOOT NOE I 6.280 IF C13 18429 650.00 183.68 S24'03'07'1,4 C14 2 283.39 S84*ul�5_! C15 59.84 1 300.00 59.74 S67 30 t LOT 65 C36 22.89 25.00 22.10 N0D'14'40'V (70 FEET EACH SIDE)PUBLIC U77UTY AND DRAINAGE EASEMENT -7 z 0.1 89.68 400.00 SHALL BE PROVIDED. 4 1 ; IO'P.U.&D.E 107 34. yoma IF. 2±7.0 ' - I - S52'05'oslw 10'P.U.&O.E C17 22.77 1 25.00 1 22.00 kO I �21.00 ___SIE�ot 7 18 M�_ ci9 21,68 1 25.00 f 21.00 N61'20'50'W ZM6 sr...yry r LOT 50 +20' REAR LOT 4 53 '1F. C21 39.27 25.'00 32.75 N52'S3'33'E S28`21'22't REAR _j 15' SETBACK LINE P.uatu. LOT 52 C22 39.27 2&00 35.36 N61*38'38'F P.D.&OX LOT 33 L &241 1, 7.35 C23 8154 500o00 WAS se1,1e57'W 15' C24 75.13 430.00 75.03 l.U.&D.1 f O..I'. SIDE 7 S16*58'39'W All 17.Jo 15' P U.&0 E. C25 156176 700.00 156.43 S79'46'17'E rl��E CIDIAI') 92.98' LOT SMS 'ro 'Jg' B., Adlo IF /lfo-Za,384 P.U.&D.E.-I -t-5,Px.&oz L L 2, ;1.15f 'Ll _ I /.I - 10'P.u.&D.E ­z7o. 45 S84'20'2o-- LOT 66 C9 LOT 81 Z919�'F. 10, Do, ljj _4v4 - I I LOT 57 1 .10, -7 S05\-2 '21-W q� I'o T LOT 31 / f \9 SETBACK W V! 610 IF. 51 e I 'R'f LOT 80 _fy, EE-7 _j PROPERTY- -7 LOT 65 low 4 LOT so LOT 20' IS�_ 5,719 IF. 4795 Sr. p -NOT TO SCALE %610 IF T OT 30 -7 7 .00'- 1- f-- -177. Z D0'`6.157 IF. LOT 79 O o7/ -"36 IF. LOTS HATCHED AREAS DENOTE PRIVATE ROAD&U77LJTY EASEMENT. IT AND MAINTAINED BY LOT 84 PRIVATE-ROADWAY EASEMENT TO BE OWNED LOT 59 51685 IF •THE HOMEOW46RS ASSOCATfaV.ROADWAY EASEMENT PROVISIONS 6,J82 IF. If. Q TD BE PRO VIDED ON FWAL SUBWWWON PLAT PEDESTRIAN EASEMENT __j A BLANKET U77LITY DRAINAGE AND R LOT 78 4995 Ir PER 7W EASEMENT PROW-SIONS SHOWN HEREON, IS HEREBY LOT 63 GRAPHIC SCALE DEDICATED OVER ALL OPEN SPACE L07S i9v 6,349 IF 10, 7 h LOT 70 P.U.&D. 5;610.%F. /d 0 "? `14610 laoo- % - LOT T7 IN nLr 1.ANNOTA77ON A9BREV%AIIONS- NO _j IF.. I Inch-50 M B.S.L. =BUILDING SE77RACK LINE LOT 71 A670 IF POET:POINT OF BEGINNING POC POINT OFCOMMENCEMENT 170 10 PREUMWZY P.U.Q. PLAT PUBLIC UTILITY&DRAINAGE EASEMENT n F.0 FAR p.U.&D.E. _j LOT 76 4 M vvem - VVESTHAVEN sF S.M.E, =STORMW47ER MANAGEMENT TA.E,= TEMPORARY ACCESS EASEMENT LAND LASE SLJWA4AR IV 14411 LNT vlO LE. =LANDSCAPE EASEMENT X OF 0 H.O.A. =HOMEONNEWS ASSOCA77ON YORKVLLF- LUNOIS RE =ROADWAY EASEMENT LAND USE I ACREAGE TOTAL ACRES SINGLE FAMILY DETACHED ==4 I447 69X ,LOT 92 .Z DfIS pRapa?TY IS*???M THE CORPORATE LIMITS 017 ME UlVI70 C17Y OF YORKVILLE REJEW77ON&OPEN SPACE(LOT 92J 1 1.47 oa 7X NElGWBOQHOOD ttlO .1 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. ROADWAY EASEMENT(LOT 93) 1 4.90 OM 24X TOTAL GROSS ACRES I 20.84 100% 1. �S23 DYM BY.I INT., DAM- PROJECT NO. T_ -c No DIMENSIONS SHALL BE ASSUMED BY SCALING. iplo, 02-23-06 1 K�88-0�0109.0wl TOTAL RESIDENIZAL LOTS-91 DS��.�,HINT*. HORIZ SCALE I SHEEP S E)l7S7WG ZONING IS UNITED CITY OF YORKVILLE R-2&R-J LARGEST RESIDENTIAL LOT SIZE- 10,388 S.F. NQ SMALLEST RESIOEN77AL LOT SIZE-5,610 SF. 6. WEILAND STUDY To BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING 'T, VERTSCALE. 4 BE oWpjEO AND MAINTAINED BY THE HOMEONfIERS ASSOCIA770N. AVERAGE RESYDFJV77AL LOT SIZE-6,928 SF. NIA JL�L07S 92&9J TO �SMTIH ENGINEERING CONSULTANTS; INC. wz/ffmcrauL wwnmm Aim mmnna PRELIMINARY P. U . D. PLAT DEL WEEBB - WESTHAVEN aLUIM FROFEMBOD" FM f 164-1=109 COW. Wsr=m-"°`""UNIT # 1 1 A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. \< 1259.88'N89'08'50"E .5�.43- 5L!�r 1007.41'NSIFUS150"E FL 10, 51.00, 5L7 JI Sup 5L.- now 51m, 71.68' r 0.,.L L 69.35' 1.43' 5a94' 51.00,7 5f"-_1 F to' F F F 7- =74. 7 J0 Z q LOT a2 cA a tA i LOT 60 A LOT 72 to LOT 73 LOT LOT 63 LOT 14 LOT 1610 IF! 1 LOT Na lr� &eta ar� LOT So LOT 3,0, 4138 6,280 IF. t510 S, Asia F 1�4610 Ir. 4;;0!�F. I a, -1 r cow IF. 6.077 L=30.18 R=52.00 5- CH=29.76 CB=N33'WI6'W L L 51.00 LOT 83 302,571 IF STRMW ATER MANAGEMENT lb (TV BE CONVEYED TO THE/1-0. 513°0326"N TI A I no.27' 46_00' -DLW .81 10' 20' I=56 A U. LOT 7 LOT 35 1. 9.727 Sr. P.U.&D.E 9 BLIS7'S.F. LOT 78 L LOT 30 N r 22 LOT 21 LOT 20 Li 0 Fr 4146 S.F.ppppI Aim sr. LOT 6 r---. _�0_1, ?S Z25WO IF IF:!2 rmv a _OT 19 AM7 IF 7.676 IF F� . 801 IF. I _j A -L -119.5;"- _11"t - - Q 773- 20 -SB9V8'50 W �Z I',.r L-823 21' 14 1 r4 yt o_l LOT 54 lit 121 P.U.AD F LOT 5 7.136 Ll SAL 4244 V L0779 LOT 34 1 5' --a 4274 IF L 14o. .098 IF _t7l.00' 1 5 sr=j IF. L L E•LOT 37 138.00,N89128,50,E 114.44' 6,1971F. L5 k LOT 4 3 LOT 53 zgj- -SB!?VB'.50-W LOT 23 LOT 80 ppI 6.375 IF 7,419 LOT 16 6,480 IF. LOT 33 LOT 9 6,&74 IF. 6.169 IF A A 60 6 ass T LOT 38 F- -S69v8,50-w- C197 IF Q� -119.83,- to LOT 3 00 LOT 2 20. L 121.50'- --J S8881 872 W LOT24 -5 8,160 L 5 )T 17 IF U. F A514 S.F. __w Sr. k 1'7A;ZK --j gl .40 LT LOT 39 5 9 O LOT 2 Z 0 LOT 11 C 4793 SF i� CD rq 6.79- 4960 IF 9,",5 [_ -1 CID 121.50'- -j 579.58'01'W 1. LOT 25 10, L 1,4, 1107 LOT 61 A'- I 101 IQ641 S.F. ------- IF 0.28' a i -LOT 11 U.&D.Em LOT 12 LOT 347 Sr.. 1� LOT 41, L_ 6,0W.SF. 26 I TIS 129 00�26 io 7.-'W5 1.. 20' 6.160 IF -60 \P. .&D.E. 6=IF lo' 0\ mi Go K LOT.3 L ..-114.43' 114.43- 0 F-U.&D. 10" IF z Sa 8-27 1' ler-1 c I F LOT 14 5 P.TION 6,224 IF. 17 ILLI rroft C z :0.1 Ci7ir y'116.56 / � +�✓�10. o0.J -12276- N 65 0 122.. 'S89*28'05*W 101.5 SW,jfzfAbM.T (CLASSIC 9 PREMIER LOTS) 561 Afj 108" SETBACK AND EASEMENT DETAIL ALL L075 SRAU HAVE /QO FOOT CURVE TABLE FRONT, 10.0 FOOT REAR AAD 5 FOOT ,N5 520 CURVE LENGTH RADIUS CHORD CHORD BEARING SVE LRLIrY C OR CH­7�10 ANAGE EASEA49VM C1 39.27 25.00 35.36 S44*08'50'W O6 6 No LAILIESS 07AEPVYW A107ED C2 39.27 25.00 35.36 N45'51'10'V L EASEMENT DIMEN570N5 ARE TYPICAL UNLESS 07HERWSE#Vol"70 5OULV_ C3 33.67 25.00 31.18 S60'10'01'E C4 22.03 5 NO2*35'59'W Z WERE CITY STORM SERUM SA141TARY SEVERS OR W47U? HATCHED AREAS DENOTE PRIVATE ROAD&UTLJTY EASEMENT. -1 _25.00 22.0 MAINS ARE RUN ALONG SIDE LOT LIMM A MINIMUM 20 FOOT WOE PRIVATE ROADWAY EASEMENT TO BE OWED AND MAINTAINED BY C5 2?-63 25.00 22.05 S54'55'47'E (10 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT 7HE HOMEOWNERS ASSOCIA770N.ROADWAY EASEMENT PROW-901VS C6 39.27 25.00 35.36 S44*0"0'W SHALL BE PROVIDED TO BE PROWDED ON FINAL SUBDIVISION PLAT C7 39.86 2"0 35.77 N46*31158'V A BLANKET U77UTr DRAINAGE AND PEDESTRIAN EASEMENT ce 21.68 25.00 21.00 N25'41*33*W 10'P.U.&O.E: PER THE EASEMENT PROWSIGIVS 55*401W HEREQN, IS HEREBY C9 21.68 25.00 2LOO S73 25'55'E GRAPHIC SCALE IL 01 P.U.&D.E. DEDICA7ED OVER ALL OPEN SPACE LOTS CIO 36.03 25.00 32.99 S40'26'16'W CII 6734 100.00 66.07 S40'52'37'E C12 117,61 325.00 116.97 Sll*13'11'E lo,--_� +20.REAR 1.ANNOTA770N ABBREVIA77ONS NO C13 146.15 300.00 144.71 S14*48'32'E I IN FEEr C14 186.52 350.00 184.32 S16*07'111E SETBAC'T I b�.h- 50 rL 1 S&L -BUILDING SE79ACK LINE UAL' POB POINT OF BEGINNING C15 45.32 350.00 45.29 S85*26*16'W 10'ANN. SIDE U.&D.F_ POC POINT OF COMMENCEMENT SEMACK P.U.&D.E. -PU&JC U77UTY&DRAINAGE EASEMENT C16 220A5 200.00 209,46 N59*16'32'W WELMNARY PJLLD. PLAT LINE(TOTAL) S.M.F_:SPORMNATER MANAGEMENT L TEMPORARY AC=EASEMENT DEL WE998 - VVESTHAVEN T.A.E. LjAhQ LGE SLAWAR to' 5'B.& LE -LANDSCAPE EASEMENT LINT to pw.&Dx--� 5'P U.&D.E. H.O.A. =HOMEOWNERS ASSOCZA TION CENTERLINE z OF R.E. =ROADWAY EASEMENT LAND USE ACREAGE TOTAL ACRES Y0Q"LLr-_ LUNM 10,P.U.&D. . BOUNDARY LINE 2 WS PROPERTY IS WTHIN THE CORPORA 7F Ukfl IS OF INC UNITED CITY OF YORKMLE. SWGLE-FAUX Y DETACHED 12.54 53r ROADWAY EASEMENT RETEN77ON&OPEN 30% 3 DRJEV_VaVS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWSE NOTED, 20'FRONT ROADWAY EASEMENT(LOT 112) 4.00 am 17Z SE7BACK 4 5 4.NO DIMENSIONS SHALL BE ASSUMED BY SCALING LOT LINE TOTAL GROSS ACRES 23.48= I= PROJECT-;&,m LINE f�, , -2&R-3 TOTAL RES0077AL L07S 81 L xS 11 0- GIGS 02-2J-06 S7;as: Ty _T 5.EXISVNG ZONING IS UNITED CITY OF YORKVILLE R BUILDING SETBACK LINE LARGEST RESDEN77AL LOT SA'-10,641 SF. HORIZ SCALE SHEET NO. PROPER 6. WETLAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING LINE SMALLEST RESDE747ML LOT SIZE 4610 S.F. -NOT TO SCALE 7.L07S 82&83 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCARON. - - - - -- EASEMENT UNE AVERAGE RLSVEN77AL LOT SIZE=6,741 IF. 4. CHK BY- VERT SCALE QLD NIA i . i [! SMrM ENGINEERING CONSULTANTS INC. PRELIMINARY P. U . D. PLAT `"°' °R"�'�"� °"`°"j DEL WEBB - WEISTHAilEN QJIIIO®PHOP�ONAL OBBIrdY FW(I 184-00010 UNIT # 1 1 H. ' °"` MER 99mro-s A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. pop#11 a BUILDING WIDTH AT SETBACK NH 011 SHEET#I9'NEIGp{gpRH -�-QIy LOT NO. WIDTH LOT NO. WIDTH FOR CONTINUATION SEE �` _72y,a9'-- a NB321'S6�E 70, 1 51.97 42 65.66 9,Ial a J� / 2 50.95 43 51.00 .� - � 1 3 51.06 44 51.00 41�I74.� 4` Zia Y• a T 4 54.90 45 51.00 Z -58128'27 W--I / to O 5 95.62 46 51.00 1 i , LoT 49 1129.2 OS•Ei u,� 3 6 78.61 47 5L10 I 1 7 83.79 48 51.10 i ;; 38 y°y� 8 63.32 49 51.10 09 N d M1 �', LOT a �i y 9 51.00 50 51.10 114. 7,099 sF 10 51.00 51 58.53 4'0851 w' �r 20' / cr 'S' ' 5T c�4 E � �9� 11 51.00 52 5600 I LOT 48 �D ° •/tt ..i'$-�/ p �O 12 51.00 53 5-00 a u 6.'Teo SF / ` tl� LOT 49 VS 13 S-UU 54 51.UU / IS 56.00 56 53.81 11511' ,Wi g 15'x970 SF/ �� \ O(O� 14 51.50 55 51.00 114 cs P.U.dD.£. 5665 fy 1t5• '48E ,-\ �j N'S' 16 56.00 57 52.18 LOT 47 / 36 U, V 17 51.00 58 51.00 6=5 SF a •40,v N� LOT a > e� � is 51.30 59 51.00 ' O pj P.U.&D.E m Op/ �� A994 SF 19 70.49 60 51.00 C£NTERUNE O p Y�5' 10' 'rVl : / i \� 1 3 � r L=394 t5 20 51.00 61 56.12 BOUNDARY LINE LOT� /tt�ry13 4f1 / 21 51.00 62 56.01 1 _ 22 70.49 63 51.00 -- ROADWAY EASEMENT %673 SF ^u• 23 5L00 64 51600 t0.��^I1 /� 24 69.60 65 51.00 LOT UN£ / f -61 LOT 45 919�,t1 �� 26 55.74 67 51.00 BUROlNG SETBACK UNE ' a. y0 'a. 10.4970 X.F. ,le \ 27 SL93 68 51.00 �i, / 28 51.00 69 51.00 EASEMENT LINE f' / / `S m O`\P.U %,10 p0_n y' L=3�0'R=25. 0 - 29 51.00 70 51.00 f ( S. 110• � 1=3.60 CB=S36>7'1 E 30 51.16 71 51.00 31 51.14 72 SL03 •! .00 SINGLE-FAMILY (CLASSIC E PREMIER LOTS? f / �\ \ -7/�g C=4, 25 / \ 32 51.14 73 51.27 j � y � �� �•�$CB=N30%04'0$"1f11 33 51.00 74 51.27 SETBACK AND EASEMENT DETAIL i / �f LOT 83 0 ?• / / ` 34 51.00 75 51.27 ALL LOTS 94AU NAVE IQO FOOT ' wz577 sF �. i 5.43' 35 72.25 76 51.27 I VT, 100 FOOT APD J FOOT \ ~ S70RMWA1£R MANAGEMENT N31°2 '1�2-W 36 6610 77 51.00 (TO BE CONVEYED TO THE N.O.A.) 37 51.00 76 51.00 SaE � O EASEMENTS (� / \ 39 5ioo ao 5100 1.EASEMENT _ a0 58.04 81 51.00 7.EASEMENT DIMENSIONS ARE TYPICAL UNLESS 07HERN95E INDICATED R \ 41 66.52 I 2 WHERE CITY STORM SEVER$ SANITARY SEBERS OR WATER y MAINS ARE RUN ALONG SIDE LOT LINES A MINIMUM 20 FOOT WIDE pO,R (10 FEET EACH SIDE)PUBLIC U71UTY AND DRAINAGE EASEMENT SHALL BE PROWDED. ^,nj v'/ L 10'P.U.&D.E. �,/ i 0f lo'- F--T 20'REAR `� r J / //. _._.///\•! - ' _. U.&D.E SETBACK p y \ \ \ \ 5' £ 'S�3°05'02 10'MIN SID£ P.U.&O.E. SETBACK I C z LINE(TOTAL) P.U.&D.E. 5'B.SL 5'P.U.dA.E s`P CB �10'P.U.&l1.E \ \ Sss 10 117 20'FRONT sETaacK o 79-98.28' 01 Op PRPR°P£RTM a Q 3T T \ il. E-W / ' D8'14'yy L NOT TO SCALE CO7-LEC" _ _r 5g p6 1' r HATCHED AREAS DENOTE PRIVATE ROAD d U7RJTY EASEMENT. PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY r•v�� ' THE HOMEOWNERS ASSOCIATION, ROADWAY EASEMENT PROVISIONS .n1�S� OO TO BE PROVIDED ON FINAL SUBDIWSION PLAT. \ 1 V �R,.�O A BLANKET U77UTY,DRAINAGE AND PEDE57MAN EASEMENT PER THE EASEMENT PROWSIONS SHOWN HEREON. IS HEREBY GRAPHIC SCALE DEDICATED DWR ALL OPEN SPACE L07M ° a m im mo CURVE TABLE 1. ANNOTA77CN ABBR£NADO.NS- AQ CURVE LENGTH RADIUS CHORD CHORD BEARING B.SL -BUILDING SE79ACK UAL' CI 39.27 25.00 35.36 S44'08'50'W 1 1°°1.- 60 R P09-POINT OF BEGINNING POC=POINT OF COMMENCEMENT C2 39.27 25.00 35.36 N45.51'10'W P.UgD.E. -PUBLIC U7lU7Y&ORAINACE EASEMENT C3 33.67 25.00 31.18 S60'10'01'E P0ELIMNA12Y PLEA. PLAT SM.E. =SIORMWATER MANAGEMENT C4 22.83 25.00 22.05 NO2'3559'W DH.. VVE'BB - WESTNAVBV I..A.E - TEMPORARY ACCESS EASEMENT C5 22.83 25.00 22.05 S54.55'47E LAIC ( S!A�AQRY LE =LANDSCAPE EASEMENT C6 39.27 25.00 35.36 S44'08'50'W uT #1 H.O.A. =HOMEOWNERS ASSOGA7JON C7 39.86 25.00 35.77 N46'31'58'W x YORKV9_LE, EL&VOI$ R.E =ROADWAY EASEMENT LAND USE ACREAGE TOTAL ACRES CB 21.68 25.00 21.00 N25'41'33'W j 2 7HIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKNLLE C9 2L68 25.00 21.00 S73'25'55'E SINGLE FAMKY OPEN 1254 c. 53,E RE7ENRON k OPEN SPACE LDT 8.T 6.94 cc. 30x 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. C]0 36.03 25.00 32.99 S40'26'16'W ROADWAY EASEMENT LOT 82 4,00 as 17x tt� 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING Cil 67.34 100.00 66.07 S40'52'37'E TOTAL GROSS ACRES 2348 00. 1ODx REIBSIOIIS D%Ur INT DAM' PROS NO. S EVS7WO ZONING IS UNITED CITY OF YDRKWLLE R-2 t R-3 C12 117.61 325.00 116.97 SSl'13'11'E C13 146.15 300.00 144.71 S14'48'32'E TOTAL RESIDENTIAL 1.075-87 t AS a7-�3-a9 JG5 02-23-05 NffiHEET NQ 6. WE7LAND STUDY TO BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING C14 186.52 350.00 184.32 S16*07'll'E LARGEST RESIDENTIAL LOT SIZE=10,641 SF. 2 USN 81: O4T: HORIZ SCALE: SHEET N0. SMALLEST R£5/DENRAL LOT 571E=5610 S.F. 3 - 1=51Y 7. LOTS 82 A 83 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIARON. C15 45.32 350.00 45.29 S85.26'16'W AVERAGE RESIDENRAL LOT 512£-6,741 S.F. • CHK Sr. INT: 11ERT SCALE: 20 C16 220.45 200.00 209.46 N59 16'32'W I CLD N/A -1111- ---. -----------�------ ---------=-�� SMITH ENGINEERING CONSULTANTS; INC. • PRELIMINARY P. U . D. PLAT � � mmmme _ � w.tm..amT DEL WEBS WESTHAilEN 2m.m. 1 _# ..>m.. ..or,ssr .198[90Ji BJII40W 190!lIDW98tl.»�.ilaL t LB4-000106 UNIT # 12 MOT`°r��"""'"��° f9E:STANDARD a61r molrr-r � EAST sepia?ROAD 70 BE DMCA70 A PLANNED UNIT D E V E LO P M E N T m 7HE UM7ED G1TY OF MRKWUZ i THE ANAL Ca#70URA 71O1L LOCH 7IDN AND PROPOSED ZONING - R-3 P.U.D. WITH OF THE PROPOSED BEEGHM ROAD RIGHT--OF-WAY SHALL BE DVERN Nm AT - FINAL PLATING OF THE AFFEVED UN17S 1248.79'N89°08'50"E 03 i 14222' LOT 121 7017.50'N89'08'48T 79,185 SF 49.14'5� 3 2-E o pf 5852' 41.17 67.12' 4300' 4300' 4300' 47.00' 43.00' 4300' 43.00' 4300' 4800' 4800' 4300' 43.00' 4.x00' 4.100' 4300' 4300' %22' 60.42' 4'1•x' 4347' o da }9 _ r r r 1- �lI r r �I •5"� }�20' - --, - to', I - 5•-1 1 - 7O' P. rBD.E I(� I I , 1 I - r _ 4r• .r lL►a ^ PU. .E Z ` 1 2 2 1 Z 2 1 Z P p2 I -{ 2 I2 I I 2 I Z I Z I 1 /LOT33 �J.T•4, Rj 61 ►'7 $- ? o- 8 $ g- g g- _ g g �g g erg_ g_ g Nry 1 w3asF W p1• / z LOT 11 u +N LOT 13 11i d LOT 14+4 r LOT 18 U LOT 18 k LOT 17 td LOT 18 Li a LOT 19 g LOT 201 a LOT 21 a LOT 22)1!+I LOT 23 N?LOT zA_;LOT 25_+LOT 254 LOT T7_4`LOT 28_+LOT 29_4 LOT 30 • LOT 31 o^ 1 N 4732 sF. +gI185F. ' ff 4 1365f`f N4675 IF L0T 32A� LOT 3t / LOT 12± Q N,807 S>D gL9a2 S g1.902& 81.991 IF, 802 S $1.902 S C 81.987 gL902 S!o 83172 S g 471 SFQ gL9D2 5 gL982 S 8/.802 S o�r.907 s o 81,902 S D 81.901 S •gS a w y go K r T,iW sF. qa� W •8.078 Sf.O `L _ Dry ry ,g7�,�. •.ry ti^h` � b L=30.18 R=52.00 IN�% LOT 10 �N, 2D>t' I x' >' �€ ( : i 1 i '� b 9001 SF. f 15" I e 2 �'�• ° CH=29.76 CB=533°34'16'E b 0 0 ,ys JJ�J ,34.6 iLQV ,80.51 20.1 43.00' 4300' 4300' 4300 43.00' 4300' 4300' 4800' 48.00' 4300' 4300' 1300' 4300' 43.�' 4.x00' 5.38' L�79,BJ [e L 3.4 2a L 74 3B. Liy �1•�� 3. E bL0T9 ^ 1F'i120' N v TO ry• 7,57 o 1 SF. r lo' 20' I� _r36 N G A .91 43.00' 4300' 4.100'111 4300 4.100' 4300' 43.00' 4300' 43.00' 4.300' 4300' 43.00' 4300' N4100' 43.00 4300 L-66.75 d I 47ra sF I N� - - - - - o V 0 0 }20.04• � 4 •�1,a1y. r 1}I O 588176 2J'W x51 `1-• 20' 20' r #m 2p 127.34' l0 4 a PU.BO. B.SL In In In I 1n 1n 1n I I 1n O P IP.U. .E. NB9uB's. 1 11 IZ }a 10' LOT 8 10' LOT 117 ao N I _ 7.=sr. o g� ynR - Q' g g I 4"`S- 0.07 N 20' I •LOT 118_aLOT 116_;LOT 114_SLOT 113`•'-LOT 112_+LOT 111_*L0T 110_i`L0T 109_;LOT 108_:•LOT 107_+LOT 106_?•LOT 706u SLOT 101`aLOT 103_;LOT 102_9•LOT 101 7995 SF. > - (� !n I V.902 Sf 907 SF_.•0.902 Sf-Of.902 sF_A6IXiz sF.?gA 802 sF: 90?SF-Of 902 sF..•01902 Irt aL902 SFr'gL901 S 01.902 S!•8.802 S(�1'gr,90z Sfr•01.807 SF-86802 sl ts• �' -- 'x827 sF J ff o 147.73' �] P ah 0 0 0 0 116.81' o - o o •g o o o o o o o o - �F a S881762J"W I m' ni I �i I 714.00' -N89178 SO"E- + NBB0623 E a 1., 0 5890830'W �' C LoT 7 CO 6,.937 SF. LOT 718 $ m LOT 9D a - $ 11 00 �- -14791'S88062JW 4300' 43.00' 4300' 43.00' 4300' 4.100' 4300' 4300' 4..00' 43 0' 4300' 43.00' 4300' 4300' 43 4300' 26.63' O) �= 3x91' 114.00 -11803'- L �If4.00- t9 r N8806'2 YE -, - , _ N89, 50 f _ - -, do 8908.501 N8917B'SOT $I ,. �F Ig -1 � - r - r - � - r - r- - I 2D L0T3B p 69 71 $ I I 5' f0' I P.U. I rp LOTOB p g 4173 IF r•- /7A00' g I �.5' 2 2 I 2 2 I 2 2 r 2 2 � 2 Z I 2 Z I 2 2 I 2 I p I A802 SF. I p 8.S J 5880623"W 71524 g g.. g g__ g g g °o oo_ 8 g g�• g a- -' -' 174.00' -11400'--- ± N8806 23 E 15' +LOT 81_±LOT 82_?LOT 83_?LOT 84'A LOT 8514!LOT BB_°L OT 87_9`LOT BB_ LOT 89_±LOT 90_a LOT 91_a LOT 82 to'i LOT g3 tA a LOT 9y 4 a LOT 95_?�LOT 96:' 589'08'50"W {,, + -N6906 SO E- -I a LOT 5 20 I 8/,907 Sf 8.902 SR:8.902 Sf-8.801 Sfw 8.902&X: 8.902 S 0.902 S!w••81,881 sl'81,901 SF:•81.902 sr'; 902 sF+t gf.9az sF: 1,902 sf gr.902 sti 8.902 sF..-x.801 S�q ul o I LOT 39 IQ s g &472 SF P.URD.E g LOT tm 2O• a o O O o o o o o O o o o o o - LOT 97 15' O 4,992 sF O • _ 20' I ob I F I I > g l I F I I F F I I e I awl sF I b 15' j 114.00'- 7.603 Si .SL a 15• 5' 15' f5' 15 114.00' y: p 588'06 23"W .5 1O• J .- - - .-- N89108'50£ N 4X Q'I 10' L0T4 p�p 89.47' 4300' 4300' 4300' 4300 43.00' 4300' 4J.00' 4300' 4300' 4300' 4300' 4300' 43.00' 43.OD' 43.00' 4300' 89.00' + I LOT 40 1pa O) �IrG p gI 3./71 SF. I O $ 1,902 SF. 1P _O 0 114.00' 15' -114.00'- Oi LOT 121 U 588'0623'W + � FN8L�450 E- 79.185 IF i 57YN2MWA7ER 8 I 5' LOT 3 34,41' 4800' 4800' 4300' 4.500' 4300' 4300' 4300' 110.96' }2725' 4500' 4800 4800' 44.17' g I 4.14. 0' Ig m MANAGEMENT m$ Z6802 S.F. J$ �F - 114.00'(To BE CON7£YED 114.00'- - - - Sr N8908$O f TO THE H.a A.) 5880623 15' °m LOT 72 Lu _10' + 20 20 0 r, w m a --'1' LOT2 P BD rn In B.S to I In I o 752 I 9 - - '0 .0642 n+' 00 4.902 sT• n o. g= 2 - P.u1.&D.E ' 1S. g o _az a S.F. v $� 174.00' m LOT 80 0 z LOT 79_o LOT)e_°L0T 77_?L0T 78 O?L0T 75_°LQi 74_?LOT S� 135.96' 15225' o +5 LOT j2 SF a I LOT W V O Lr 58908'50"W N890B'S0T o3 $ g IF."N LOT 68 I 10 58605'14 O SB8'O6'23"W 1 a3472 S/I..: #472 SF.,0.801 SF.•81.801 SF•0,902 SF-0.902 SF.t�• LOT 84 >b 567 SF...• O O O O O O lyi A a(A O O 0.982 CA N gI LOT 1 5' I c �= m° f0' P.U&0. -� f0' ni r0' o g Iii s1>67sF 1 I g 8 I 15' r,547"SF. P• 1- I g oP.U.trD. 1010 .E I I 75'm 9.071 SF! t x297 sF 'N 07 4,902 SF. 0 7 ^I I_3._ �..� m - P.U. r �--114.00 _ _ L- J- J L_ - 73`.196'- -75223'-- 1 1j084' a 45.00' 48.00' \ 20' .5 -SB908'50"W- N8908'S0'E- b 114.00' Zo 57.80 4800 48.DO' 4300' 4 00 4300 4300 3.i 0' N40W'37E' / LOT 86 1" -8279'- s? .SL o w 46.00' 357.30'$89°08'50"W f0'P.U&AE. Z o to' LOT 70 149 ?® 4253 SF 15 N89'08'S0T B9 738. 5' LOT 44 O 588°06'23°W 00 41 S88°06'23 p g 17.36' 24.25F h, `ern 28.83' uI 0.27 N6.6• �i• 3183 sF ' "_o �' N8908'50 T a LOT 58 �!Y S)j�4'g7'` ' co N . LOT Sf. I`+ 4 LOT 88 SJ�O.,S•4060 SF. 1�A L=3927 S88-06.23-W m _ v a 6.411 IF. o. LOT 46 R=25.00 _ _ _ ` -�_ -1 2f - o _, � l\\\lto SF 4� 15 F CH=35-31- - - _ ^`_ _ 122-12 S89°08'50"W `5j575�E� M �l P.u.�DESJ§?�s- y � �sr?3 IF C6=N46°53'37"W _, - p lu o L 83 / LOT 67 �1Th Lo7ss�� LOT sF �17�� �` B R 34. s a S15 O J L=59.73 R-152-8 >t%.� 'V II/ CF�56.30 EB=N55°21'50"W �. 5.�\ Loree °aE ^p1 \ LOT / 44c� LaT47 F\ V 708 SF. TO 5 Y, ( \\ 286 S.F. k^7 K/ s J,3A8 IF I I � \ `�Z yS.jj r ` I I I �\ \ •\ \ \ f0' bS.;Ob. 75' 's5. S LOT fo' y J4�9DOa sr?4` i,� ►y/ 490 sF?F yk b�e�� GRAPHIC SCALE As pp �(� LOT 49 L o$ .902 IF \ 9 •Y• /'�••4� 1r/ y, 7,1 . \ v SF. F'• a I - _ / • \ \ tirS�, d' L OT 50. so 2E / 1 men-59 m S.F. 51°a�\ / PM MMARY P.UA. PLAT DEL WESB - WESTHAVrEN LNT U12 0. ti IEG4-BORHOOD 912 rpNS I DwN BT WT DATE: PROJEQT Na x6 I al-u I cs 02-27-06 WEBS-060111.07 I DSN BY WT: HORIZ SCALE SHEET Na ! 4 CHK BT WT VENT SCALE: 21 3 CLD N/A - i PRELIMINARY P. U . D. PLAT snare ENGiCm,=G�cONS OORVEY SJ INC. CIVD./8T0TL7'ORAL IAfCD1gg88 AND DDevcuDas Dan=DEL WEBB - WESTHAVEN � � i T77II1016 rN.i TD�611 FDO[/IB4-UOO10B MOT FlLC STANDARD NEw. OOa111-2 A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. i i i i 1 i I I I i j ! CURVE TABLE NEIGHBORHOOD#12 RCURVE LENGTH RADIUS CHORD CHO RD BEARING 22.44 25,00 21.70 N24.51'56'E 22.44 25.00 21.70 S2634'16'E 39.72 25.00 35.67 S43.37'37'W 38.82 25.00 35.03 S46.22'23E 32.04 25.00 29.89 S34'49'24'W 22.44 25.00 21.70 N27'36'43'W 22.44 25.00 21.70 S82'44'29'E 22.44 25.00 1 21.70 N81'06'52E E 22.44 25.00 21.70 S24.51'56'W 30.81 25.00 28.90 N36'09'35•W 39.27 25.00 35.36 N44'08'50'E 39.27 25.00 35.36 N45.51'30'W 39.27 25.00 35.36 S44'O8'50'W 39.27 25.00 35.36 F145'51'10'W 214.24 325,00 210.36 N1B'Ol'54'E 69.14 225.00 68.87 S80'20'37'W 69145 225.00 69.18 N82'00'36'W j i BUILDING WIDTH AT SETBACK NEIGHBORHOOD#12 �� LASE , LOT NO. WIDTH LOT N0. WIDTH LOTNO. WIDTH 1 43.00 41 43.00 81 43.00 - x QI` 2 43,00 42 43.10 82 43.00 LAND USE ACREAGE TOTAL ACRES 3 43.00 43 43.15 83 43.00 j RNGLE FAMILY DETACHED 1 08 am 7JS RETENTION d OPEN SPACE LOT 121 1. ac 9X 4 48.00 44 43.15 84 43.00 ROADWAY EASEMENT LOT 122 3.66 ac lax 5 48.00 45 43.15 85 43.00 TOTAL(72055 ACRES 20.56 ac 1008 SINGLE�AM�Y (MANOR LOTS) 6 43.00 46 43.15 86 43.00 TOTAL RESIDENTIAL C075- 120 SETBACK AM EA59jdM T DETAIL 7 43.00 47 43.20 87 43.00 j B 48.00 48 43.00 Be 43.00 LARGEST RESIDENTIAL LOT SIZE-9,071 SF. j SMALLEST RESIDENTIAL LOT SIZE= 4,827 SF ALL LOTS ALL F�Q� 10.0 FOOT 9 48.79 49. 43,00 89 43.00 AWERAGE RESIDENTIAL LOT 92E=6,492 SF. F%CNr GO FOOT REAR AND 5 FOOT 10 45693 50 43.00 90 43.00 SW LITLITY 6 D42AMGE EA EVENTS 11 42A8 51 43.00 91 43.00 LNz5S OTL W IVOT� 12 56130 52 43.00 92 43.00 13 43.41 53 43.00 93 43.00 HATCHED AREAS DENOTE PRIVATE ROAD h UTIUTY EASEMENT- 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS 07HERWTS£INDICATED 14 43.00 54 43.00 94 43.00 i PRIVATE ROADWAY EASEMENT 70 BE OWNED AND MAINTAINED BY 15 43.00 55 43.00 95 43.00 j. THE HOMEOV#0?S ASSOCIATION.ROADWAY EASEMENT PROWSIONS 2 NS ARE CITY STORM SEWERS; SANITARY SWIMS OR WATER TO BE PROVIDED ON 7TNAL SUSENWSION PLAT. MAINS ARE RUN ALONG SIDE LOT LIVES` A MINIMUM 20 FOOT WiDf 16 43.00 56 43.00 96 43.00 (10 FEET EACH SIDE)PUBLIC U7ILIrY AND DRAINAGE EASEMENT 17 43.00 57 43.00 97 61.48 A BLANKET U77UTY,DRAINAGE AND PEDESTRIAN EASEMENT SHALL BE PROWDED. 18 43.00 58 69.29 98 43.00 j PER 7HE EASEMENT PROWSIONS SHOWN REASON, IS HEREBY 19 43.00 59 68.60 99 43.00 DEDICATED OVER ALL OPEN SPACE L07S �")O'P.U.dcO.E --- j - 10•P.U.&D E 20 43.00 60 48.00 100 59.20 i L _ 21 43.00 61 48.00 101 43.00 AT�-�� 22 48.00 62 45.00 102 43.00 1.ANNOTATION ABBREVIATIONS- r 20'REAR 23 48.00 63 57.49 103 43.00 i3.G.[lrs.i 1O"-� -- - - SETBACK B.Si- BUI1D/N0 SETBACK UNE .U.&D.E. 24 43.00 64 43.00 104 43.00 P08-POINT OF BEGINNING I I 25 43.00 65 43.41 105 43.00 POC-POINT OF COMMENCEMENT SE73ACK / f0'MIN.SIDE 133 43.00 66 43.51 Mr. 43.00 P.U.ddJ.E. -PUBLIC U17UTY 3 DRAINAGE EASEMENT I LINE(TOTAL) 43.00 67 43.74 107 43.00 62- EUMNARY P.U.D. PLAT SM.E =STORMW47ER MANAGEMENT Manor M,ROr LINE(TOTAL) 43.00 68 43.93 108 43.00 - - WESTHAVEN LA.E - TEMPORARY ACCESS EASEMENT 5' HoRjO Home �10'P.U.dcD.E 43.00 69 43.00 109 43.00 LE =LANDSCAPE EASEMENT P.U.A'D.E 3•SIDE - CENTERLINE UW *42 H.O.A. =HOMEOWNERS ASSOClA TION 42.95 70 43.00 110 43.00 SETBACK 5'P.0-RD-E 43.13 71 43.00 111 43.00 �'�LI.P- �� R-E =ROADWAY EASEMENT 10'P.U.&D.E. BOUNDARY LINE 43.00 72 57.49 112 43.00 2 THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF MRK14LLE !0M� pRll£ 43.01 73 43.00 113 43.00 1 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. - - - - ROADWAY EASEMENT 41.03 74 43.00 114 43.00 �� �20 FRONT ?' z 45.69 75 43.00 115 43.00 4- NO DIMENSIONS SHALL!T£ASSUMED BY SCALING. S£78ACK W LOT LINE 43.00 76 43.00 116 43.00 D1M! DVT: DATE: PROJECT NUNE JGS 02-23-06 W£BB-060111.01 5. EXISTING ZONING IS UNITED Cl7Y OF YORKWLLE R-2 a R-3 PROPERTY O .ST BWLDING SETBACK UNE 43.00 77 43.00 117 58.87 p5N Sl 'T. �¢SCALE: SHEET NQ 6- W£TL.AND STUDY TO BE RENEWED BY CITY PRIOR TO FINAL ENL7N£ERING UNE 1„ 43.00 78 48.00 118 43.00 _ 1•-ED• 7. LOTS 121 d 122 TO 8E OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOL7ATIOM _ - - -NOT TO SCALE --- - -- EASEMENT LINE 43.00 79 48.00 119 43.00 CHK BY• NT: VERT SCALE: 2�43.00 80 58.90 120 66.36 LLD N/A ' ^ ' � PRELIMINARY P. U . D. PLAT BUILDING K1DTH AT SETBACK PROPOSED ZONING R-3 P.U.D. 1 52.36 42 52.13 3 59154 44 51.00 5 51.00 46 51.53 N88*0w 44e a 5100 64.85 fts 12 51.00 E SI.DO 54 5130- m 1 58.81 55 56.00 15 59.33 56 66.17 TO THE UNITED CITY OF YORKVILLE 16 6?-51 1 57 76.67 THE FINAL CONFIGURA710ft LOCATION AND -110.uu LOT 39 LOT 40 to, py 1301 2t is 52.00 59 66.02 IS LOT 42 21 51.00 62 51.17 22 5LOO 63 Asia v LOT 44 23 51.00 64 61.05 5- 25 5fi.81 66 51.00 cr 26 5416 67 65.49 Lo 27 51.00 68 6549 LOT 4e 72 29 51.27 70 51.00 36 11) / 33 5600 74 83.37 LOT 83 LOT B7' K;t;lb.LXJ CA 4682 MANAGEMENT 35 5228 LOT 56 36 51.00 1 v 40 81 51.00 -1 CURVE TABLE 1!2: LOT CURVE LENGTH RADIUS CHORD*CHORD BEARING LOT LOT52 ce 3S86 25.00 32.87 N74*06'13'El C3 39.27 25.00 35.36 S46*53'37'E! idl LOT 32 LOT 62 C 4 39.27 25.00 35.36 5' LOT C6 39,27 25.00 35.36 S52*37'17'V LOT 50 6.152 IF. C9 21.68 25.00 21.00 S8616'11'W! LOT C12 21.68 25.00 21.00 S03-43'49'E' A399 IF. 170 C13 141.87 300.00 140.55 N78*2(1'47'V UAI C14 B1.80 200.00 81.23 N70'39'40'Wi C15 74473 430.00 74.64 NO2-51'50'E; LOT Q\ Asia IF. C16 84.12 25UO 83.72 S02*01'06'E NEIG 91 ORH 13 7,484.11. C17 1 50.76 350.00 6068 S63,55'DI'E I Cie 1 96.56 350.00 96.25 S29*00'46'Wi C19 39.27 25.00 35.36 N66-06'35'E; SETBACK AND EASENAME DET NQ 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWSE INDICATED HATCHED AREAS DENOTE PRIVATE ROAD&U77UTY EA.'WMENT. As .31. 1 2 NNERE'C1 TY STORM SEKSM SAM 7ARY SE*FRS OR KA TER PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINTAINED BY MMS ARE RUN ALONG SIDE LOT LJNES.A MINIMUM 20 FOOT (10 FEET EACH SDC)PUBLIC UTILITY AND DRAINAGE EASEMENT 54ALL BE PROWDED A BLANKET UTILITY, DRAINAGE AND PEDESTRIAN EASEMENT PER 7HE EASEMENT PROW-SIONS-94OW4 HEREON,JS HEREBY LOT 9 to'P.U.&O.E. DEDICATED OVER ALL OPEN SPACE LOM %eta GRAPHIC SCALE -F20'REAR 1. ANNOTA77ON ABBREWA77ONS- NO SE70A IN pm I LINE POB POINT OF BEGINNING POIN TDIA4L) SM.E. =STCRMWATER MANAGEMENT DEL WEBB - VVESTWAVM to'P.U.&D.E R.E: =ROADWAY EASEMENT BOUNDARY LINE LAND USE ACREAGE- ITOTAL ACRES Z THIS PROPERTY IS WTHIN THE CORPORATE UA417S OF THE UN17ED OrY OF YURKVLLE. SINGLE FAMILY DETACHED fZ34 5" L7-- --1 f MENT RETENTION&OPEN SPACE LOT BJ) 6.80 ROADWAY EASE , LdT *913 I DIMENSIONS ALONG CURVES ARE ARC DISTANCES LWLESS 07HFJ?*?SE NOTED. ROADWAY EASEMEN . 7 4.ZZ oc, NEGHBORHOOD 4 NO DIMEN57ONS SHALL BE ASSUMED BY SCAUNG. LOT LINE DVIN 8r. INT: DATE. PROXCT NO. E)OSTING ZONING IS UNITED CITY OF YORKWLtE R-2&R-3 LINE TOTAL RESIDEN F-7. 02-23-06 NEW-060122 Of PR SMEEFT BUILDING SE73AOC LARGEST REMEN77AL LOT 32E- 10.562 sr. DSN BY' INT' HOW SCALE- SHEET.NOL LINE 6. NETLAND STUDY TO BE REVIEWED BY CYTY PRIOR TO FINAL ENGINEERING. SMALLEST RE-qDEN77AL LOT 92E A610 SF. - - -- - - EASEWENT LINE AVERAGE REMDENTIAL LOT SIZE 6,553 S.F. VOT SCALE 7. LOTS 83&64 M BE O)WED AND MAINTAINED BY THE HOMEDWYERS ASSOCIA TION. 4. Cw By, INT. 21 NIA i >. I PRELIMINARY P. U . D. PLAT sMrrzi ENG, CONSULTANTS INC.4t cRaysMwffus nawnss as summon DEL WEBB - WESTHAilEN Bl117a18[BOl698IONA1.DESFaIi 1781[/le4-OOOiad Ca W.i6E GfiM7P-0�Od dW UNIT # 13 �°" IM-2 VAIW FOR CONTINUgTIONSEESHE A PLANNED UNIT DEVELOPMENT SHEET'3 NEIGHBORHOOD#13 PROPOSED ZONING - R-3 P.U.D. -i 4160 I.F. SON -1- G_E Y ( Y' E PRBytl� LO� L -110.00. 4L5z 2a oLi L \ SETBACK AND EASEA� DETAIL j ALL LOTS SNAG NAVE 10.0 FOOT j 8 Loral LAM USE 2' pWoQ f. !QO FWT TEAR AAD 5 FOOT X tam '4� 13610 SF 'g LAND USE ACREAGE 70TAL ACRES S>LL7c lhL.ESS OTF8PN7SE NOS No _ 50E FAMILY D£TACNEO 7234 oc 5Jf h �' 22, 1.47.03' s/�• F RE1ENTOV&OPEN DACE LOT 83 6.80 oe. 2&T g W-, ^ L�2 °J7c ROADWAY EASEMENT LOT 84 4.22 ac f8Z f.EASEMENT O/MENSIONS ARE TYPICAL UNLESS O7HERNTS£BVWCA7FD I 7t7TAL GROSS ACRES 23J5 oe. I TDOX 2 W'IER£CITY STORM SEVERS,SANITARY SEWERS OR WATER 2°L -1 LOT S.F S 10• I 4°rs 9 NUAnQ TOTAL REND0477AL UMTS-82 (AgAINS ARE EAR y�pE c Vi m AND DRAINAGE EASEAfENTTI£ _ 14o0•_ ccwtt I,3 P.u. s, \ �S�F LARGEST RESIDENTIAL LOT S2£- 10562 sf: SHALL BE PRONDE0. ' w 11482 'W- �6I LOT 76 0 \�• *+17 Sys SMALLEST REMDD ALL LOT S2E- ,61 SF. f0'P.U.&D.E i h. O 7,661 SF h 7. LOT 74 ,/y J/� ' 3.H - - 70'P.U.&QE LOT 2a I w^ 4726 S.F.�, 5' t �' b 4206 SF. 7 O h ''n•��j vp ♦ f�L}7� GyeORy -- -2o REAR J61 S.F. y k0 '�+ff .U&O.E. I 5 SETRACK LINE P rI? ^�I _- J I ' J �� J,\tep• /P y^f 4242 sFy•,0".,�h a�`^',S$, / \ MIN. SIDE 28 7O' S U.&D.E SETBACK 5.997 10' LOT71 7 tN (Tor-)20 6.227 S I i L p'2555"W� i. LOT 76 �S"QO• J*S�0`• 36Z7,cQ.h / i 70' P 10.994 SF / / �S /h LOT BB $ �P.U.drO.E -� �f0'P.U.dkD.E. X58 /\ N / I 5'P.U.dtb.E. r LOT I y 2D' B.),p / '` 3610 SF.�.' I \ 5.47 >o4z IF 2D' P.U. �r4 Lorn /�.h4�� � rs\� s\J/� t��lO ss �s6B�3po� - 1 .15' W ry 5.670 SF.S a/ $2SS" ` l"1 1 D• pl yY 2s'et'�� 2o'fROIJr 6• S80'25�55,� F / 2 O LO7 TB 4' �' S\ l P. o' S LOTS -7 SETBA[7Y 3 10.99 y J K Sfilo SF O L- 7\ �ti 3670 SF.O`'S / � s •Ar � \ BUILDING WIDTH AT SETBACK LINE f0' LOT 26 /0 �' / �� L0779 /4. ��' 1- /10 /$ PROPERTY O ` STREET ar>z1 sF p h 3610 SF.$ �� y LOT NO. WIDTH LOT NO- WIDTH _LINE. -- m -- 1 5236 42 52.13 __ �/ -- -NOT 1D SCALE + .115-36 r S SsrosFS;•1 / LOT 10 2 60.39 43 51.00 / 7 43'W /c 3612 SF. � 59.54 44 51.00 -579'45 o $:'f 7,0 Dry �� S� tt. 5,610 SF. /� gs, Jk 4 51.00 45 51.00 HA7CNED AREAS DEN07E PRIVATE ROAD&UDUTr EASEMENT. 20' G7• /2 O �S6 `$ L0782 BS 5 51.00 46 51.53 3j PRIVATE ROADWAY EASEMENT TO OA OWNED AND NT MAINTAINED BY 7,676 SF. y- y "`E'er�� 6 51.00 47 56.00 77#HOMEOWNERS ASSOCIA710N.ROADWAY EASEMENT PRONS/ONS e LOT 25 /��=32 L'8 �" l� / �' LOT 11 , 7 51.00 48 56.00 TO BE PROVIDED ON FINAL SUBDIVISION PLAT. X0,269£F. O.9 J7, / o m1 7 \�' S� J / 399z sF 8 51.00 49 64,85 / 00• \ A BLANKET UTILITY.DRAINAGE AND PEDESTFWAN EREV0 EASEMENT - �°+.1 O•, / / � •S! �Rp f b � 9 51.00 50 70.84 PfR 711E EASFXENT PROW-VOWS 9fON7J NERELM4 15 HEREBY �R•.IQ /s3 I 'spD� '� SBB3,/•?\ y`Y r,.l 10 10 51.00 51 55.00 DEDICATED OVER ALL OPEN SPACE LOTS j IQ/ LOT 74 by $ / X57 ?•SE'\J 4 11 51.00 52 55.00 7.669 SF. ^ LOT 23 O / L0712 s fiv sFO•'� /$ / t.��e4o sF V 12 51.00 53 53.OD S6" ` /mss • `-m 13 51.00 54 51.00 ?JD� I �_�6•� LOT 21 t4,•j y\� 14 58.81 55 56.00 O ?,� 07\J l L r,• `.� 4375 SF,O'1�LOT 7D ` - CEN7ERUNE /`}0. / '� /hry 3610 SF.O •� / > ?Jr h 15 59.33 56 66.17 a - ,>• ''1 3 I I 2`SE J 16 62.51 57 76b7 L0719 LOT 13 17 51.00 58 76,00 _ BOUNDARY LONE _. - W _ ?J� J�C�•� P.U.&0, i--_ 5 /.. - ry 36io sF$.y�_.- - / 4973 SF / 18 51.00 59 66.02 _.__ ._ .._ _J l°1 �' l \ - - ROADWAY-EASSEMENT i. ]0'. .J\ - '• p°. --19 51.00 60 - 51.08 - .J L-j9'W , 'po•J / /yry 4wz sF�t$ A /�!,` ti`•��x' 33•' \ h o } LOT ONE P.U.dO. b 'h 8' /- s 20 51.00 61 51.27 - - 58078' OZ L / / b. ^s •v / `py� `,�` ?sE.`J P 21 51.00 62 51.17 EAST BEECHER ROAD ro BE DEDICATED �•Seg Op•J v1,/,$ \ C�5.6D 10' p t0 22 51.00 63 51.00 BUILDING SETBACK LINE 23 51.00 64 61.05 ro THE UNITED CITY N, YO ATOM. X75- I yry LOT tt a 24 58.31 65 53.09 - -- -- IHE FINAL CONF7GIORATI LOCA710N AND f 4661 SF. T TO' LOT 14 /'� n - EASEMENT LINE WON OF 7HE PROPOSED BEECHER ROAD 1S,.t� / l ,wpb P I I qn4 SF p � 25 56.81 66 51.00 RIGHT-OF-WAY SHALL BE DETERMINED AT °j S� / h LOT 1e 3 ^'\ J 26 54.16 67 65.49 A N OF FF'E TED MTS • ` `4 4or1 tr: y ��'� ; .� `is� 27 51.00 68 51.01 `�• S,,T +Sn LOT 15 o, � ` 28 51.19 69 51.00 1aM2 IF.20' ti 29 51,27 70 5L00 P.U.&D.E. �/ c+�•;T0 30 51.00 71 51.10 96 J - 31 51.00 72 51.00 L > O 1 32 56100 73 58.26 9?B's�`TbB. 84 2� �/k�' 0�� ¢ 34 61.34 75 65.55 A / 35 1 52.28 76 36 51.00 77 51.00 51,00 L=31.11 R=25.00 / 37 5LOO 78 51.00 CH=29.14 CB=N37°3253"W 38 SLOD 79 51.00 JJ Lor Ba / / 39 7060 80 51.00 296.40)S.F. J 40 52.14 81 1 51.00 SIORMWATER MANAGEMENT I 41 52.14 B2 I 70.49 20•TO BE CONVEYED (TO BE CONVEYED TO THE H.O.A.) N 1 I rfi 70 KENDALL COUNTY 1 Y PURPOSES W CURVE TABLE CURVE LENGTH RADIUS CHORD CHORD BEARING GRAPHIC SCALE CI 37.48 25100 34.07 N21'50'41'W NORTH LINE OF GALENA ROAD - (fI \ ',\ C2 3536 25.00 32.87 N74'06'13'E HERETOFORE DEDICATED PER C3 3927 25.00 35.36 S46'53'37'E NO 7.ANNOTATION ABBREI7ADON5- DOG.N0. 145193 C4 39.27 25.00 35.36 S43.06'23W (w MT) R.S.L. =BUILIJWG SETBACK UNE C5 39.27 25.00 35.36 S37'22'43'E 1 ino6- 50 & POO=PONT O°BEGINNING _ ,pp L6 39.27 25.00 35.36 S52.37'17'W/C POc-POINT OF COMMENCEMENT ` Cy, ``!Tj�4 / C7 24.97 25.00 23.95 S40.16'27'E P.U.A*DX.. -PUBLIC UTRJTY&DRAINAGE EASEMENT - 26 Rc °�"a�a9. CB 21.68 25.00 21.00 M3'10'55'E P EM94ARY P,IM. FLAT SM.E =STORMWATER MANAGEMENT '26-61 T.A.E TEMPORARY ACCESS EASEMENT C@c T �y+� C9 21.68 25.00 21.00 S86'16'11'11 � � - �ST6"\fM L_ -LANDSCAPE EASEMENT G^ �N'3 4$ �` BQ C10 21.68 25.00 21.00 N44'03'Ol'W LW f113 Mak =HGMEOWNERS ASSOCIATION "-1 16 �, C11 39.27 25.00 35.36 N66.06'35'E R.E. -ROADWAY EASEMENT \ A ` w `32, C32 21.68 25.00 21.00 S03'43'49'E YORKVA j F_ LLINOIS 2 THIS PROPERTY IS IW774IN THE CORPORATE LIMITS OF 7HE UN17FD CITY OF YORKVILLE \� �O^O �F C13 141.87 300.00 140.55 N78'20'47'W ''`1 O 3. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS O7HERNISE NOTED. ` ` 0; \ C14 81.80 200.00 BL23 N70.39140-W NEr44BOO-K= *3 C15 74.73 450.00 74.64 NO2.51'50'E j A NO DIMENSIONS SHALL BE ASSUMED BY SCALING O C16 84.12 250.00 83.72 S02.01'06'E REVISIONS DIM!BY: INT: DATE: PROJECT NO. O \ h w C17 60.76 350-00 60.68 S63.55'OI,E L ,Nr"9 oJ,7,>-ofi ,K5 O2-2J-05 W£BB-0501220! 5. EIOSBNG ZONING IS UNITED CITY OF YORKWLLE R-2&R-3 1P \ Q C78 96.56 350.00 96.25 S29.00'46'W Z DSN BT. INT: FWNa2 SCALE ;N0. 6. WE7LAND STUDY TO BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING 4i \ T C19 39.27 25.E 35.36 N66.06'35'E J - 1'=50' 7.LOTS 83&84 TO BE OWNED AND MAINTAINED BY THE HOM£OWND75 ASSOCIATION. b \ C20 39.27 25.00 3536 N23.53'25'W a OFD(BY: INT: VERT SCALE 24 3 CLD N/A • PRELIMINARY P. U . D. PLAT 'IH ENGINEERING CONSULTANTS INC. > >�a o�, DEL WEBB - WESTHAVEN ec ao-am-meo ds m-mrx�e .16h00010� nr.Fe. sr pogo AMENITY CENTER A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. i i VYV CH=298 10'64 S6 s vim` Ile ' CB' 7 p I G� ,W 9 e ^ s � L=1655 0 1 4I. CH 161 40 Qi CB=M7 19 2 w�s-fN '04000 o ;. .p 3 10 p! L=104.50 R--:1.5-0 7N23*1 T02"E o � \ ?° m 1 Q L071 274475 S.F. / AMENITY CENTER (TO BE CONVEYED 7b THE H.O.A.) ito cP O'9O of ry "'O" 2 56.67 - 93-17 L=13.94 R=1040 ? 4*4'3'4 / _G`H=13.94`=N70e15'46"W SINGLE-FAMLY (CLASSIC E PREMER LOTS) p0 SETBACK w�s���)O Ltd \ �QQ� \�7 L=523.31 R=585.29,qp"W ALL LOTS SkALL NAVE 10.0 FOOT \ CH=506.03 CB=664 PROnrT, )00 FOOT RE4R AW 5 FoOr saw Lr� OT)457w1W Ae� p _ / \,N oQ-1°o° No m i _ _ NE10 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED LAAiD LEE Y 2 WHERE CITY STORM SEWERS SANITARY SEWERS OR WATER x or j MAINS ARE RUN ALONG SIDE LOT UNM A MINIMUM 20 FOOT RIDE LAND USE I ACREAGE I TOTAL ACRES (10 FEET EACH SIDE)PUBLIC UDUTY AND DRAINAGE EASEMENT AMENITY CENTER 6.35 oe. T00% SHALL BE PROVIDED' TOTAL GROSS ACRES 6.35 ac I= s � 10'D.&LIE. TOTAL LW17S- 1 D.&U.E. GRAPHIC SCALE 10'---►� I 20'REAR 1.ANNOTATION ABBRENA7701VS- 175.[.(ES non D.&U.E. SETBACK RS.L =BUILDING SETBACK LINE (�trzl) I 5'D.XU.E I POB "_50 IL =POINT OF BEGINNING 1 " [FMA MIN.S DE PDC POINT OF COMMENCEMENT CK Odil.E -DRAINAGE&UTILITY EASEMENT E(roruJ I �E=STORY WATER TEMPARY ACrEEASFMNT L-r PRELIMINARY RUD. PLAT 5'B.SL LF- =LANDSCAPE EASEMENT 10'D.&U.E 5'D.&U.E. H.O.A. =HOMFOONERT ASSOCIATION - CENTERLINE � � - 1NESTHAVEN J — 10'D.&U.E. R.E -ROADWAY EASEMENT BOUNDARY LINE AWIBITY CENTER 2 THIS PROPERTY IS WITHIN 77-IE CORPORATE UMITS OF 714E UN17ED CITY OF YORKVRJE. CJ` 20'FRONT -- 3.DIMENSIONS ALONG CURVE'S ARE ARC DISTANCES UNLESS OTHERWISE N07M - - ROADWAY EASEMENT YORKVILLE. SETBACK 3 W 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING LOT LINE LINE a S. EX57ING ZONING IS UNITED CITY OF YORKVILLE R-2 k R-3 REWO 1B DO BY MT OATS mim NQ PROPERTY 2 W .57 6. WE7LAND STUDY TO BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING BUILDING SETBACK LINE A BLANKET UITUTY,DRAINAGE AND PEDESTRIAN EASEMENT I' '� �� m 0RZ SCA6 1{£BB-p6011201 LINE — EASEMENT LINE PER 714E EASEMENT PROVISIONS SHOWN HEREON,IS HEREBY W. FEZ SHEET;NQ -- NOT 70 SCALE Z LOT T TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOOAPON ——— —— DEDICATED OVER ALL OPEN SPACE LOTS '; MIA ti CEK Or. MT: VERT SCALE 25 S OD N A ` v � � _ � SMITII ENGINEERING CONSULTANTS,' INC. PRELIMINARY P. U . D. PLAT MOT M&STAPMAM DEL WEBB BOULEVARD WW OWF14-1 A PLANNED UNIT DEVELOPMENT PROPOSED ZONING R-3 P.U.D. 1 37 20.US IF LOT 2 19099 IF. CENTERLINE BOUNDARY LINE x ROAD WAY EASEMEN T 20'TO BE CONWYED ties' 00 TO KE74DALL COUNTY FOR ROADWAY LOT LINE BUILDING SETBACK LINE EASEMENT UNE L=39.24 R=25.00 HATCHED AREAS DEN( PRIVATE ROAD&U77UTY CASEMENT PRIVA7F ROADWAY EALENT TO BE OWED AND MAINTAWED BY THE HOVEOWFVERS ASSODA 7701V.ROADWAY EASEMENT PRO It)BE PROWDED ON F7NAL SUBDIVISION PLAT A BLANKET U71LITY. DRAINAGE AND PEDESTRIAN EASEMOVT PER THE EASEMENT PROW.TONS SHOW HEREQN.IS HEREBY DEDICA70 OVER ALL OPEN SRACE LOTS. L=39.30 R--25.00 GRAPHIC SCALE BUILDING SETBACK LINE NORTH LHVE OF GALENA ROAD TAE - TEMPORARY ACCESS EASEMENT MEUMNARY PIM. PLAT LE -LANDSCAPE EASEMENT DM VVMB - VeSTHAVM 2 THIS FRaPERTY IS WTHIN ME CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE LAAD LSF cAA4WAe)' YOR"LLE, LUNOIS J DIMENSONS ALONG CURVES ARE ARC OfSTANCES UNLESS OTHERN?SE NOTED. X OF 4.NO DIMENSIONS--HALL BE ASSUMED BY SCALING. LAND USE I ACREAGE ITOTAL ACRES a DUSTING ZONING IS UN17ED CITY OF YORKWUE R-2&R-J ROAD WAY EASEMEN 1 1.95 1 � S a2-23--06 =01tol 6. KEII-AND STUDY TO SE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING 70TAL Z59 I lam USN HORIZ SCA' SHEET NO. cm VERT,ScAl F! 26 | SMITH ENGINEERING CONSULTXrrS) INC. DC, 0 PRELIMINARY P. U . D. PLAT CFynVV=CrURa INGRiMM ADM SUIMffORS alm,lot; DEL WEBB - WESTHAVEN - PROFzmam"L OEM=Fm I 1"--000lo6 COW.ME-0=23-p-pltd.V I ft0r FX&STAMMM E-W COLLECTOR ROAD A PLANNED UNIT DEVELOPMENT PROPOSED ZONING R-3 P.U.D. L--39.27 5.00 In CH=35.3 CB=S46-53-37-E C? 114.00' ml N88*W23*E 0 •E ri I Ell 99.66' 4 Nse*06w E o I Q / , p g o IE 122.12'N89*013'501 GRAPHIC SCALE L-5%73 6 C Sw (�H S55* 34.50 S2 r. 2 . IN Lar 1. w 50 M 85.00' Z S88*0923"W 0 LOT 6 Z7W IF. w 74.96' 131-86'Na .23,09,,V `"•S88' 673 S •56'26"W S88*06"23'W L=39-27 R=25. / ?�� ; / CH=35.36 CB= 3*OIY23W LOT 5 EAST BEECHER ROAD 70 DEDICATED TO THE UNITED CITY OF MLLE F7NAL CONFICURATON, L 77ON AND 0A000 IM774 OF THE PROPOSED ROAD / ,' $6. RIWT- SHALL SE� P UNITS I i _ - � � \ \� \ SJ JJ• �VV LOT 3 sr. 60 p o PN 4\2) 6.38 a. p814 E j4- 26.87F IF. I-s L 0 3 Pr 41 CH--96.42 3,V62' AREAS HATCHED D64C PRIVATE ROAD&U77UTr EASEMENT PRIVATE ROADWAY EA. T 70 BE ONNED AND MAINTAINED BY OR 2 R--65.0 9. THE HOMEOWNERS ASSOCIA 770M.ROADWAY EASEMENT PROVISIONS \ �` ,\ / / / / ///� \ ,� m To BE PROVIDED ON RNAL SUBDIVISION PLAT A BLANKET U77UTY DRAINAGE AND PEDES7WAN EASEMENT PER THE EASEMENT PROVISIONS SHONN HEREON, IS HEREBY DEDICATED OMER ALL OPEN SPACE LOTS IV79 lls. NO 1.ANNOTATION ABBREVIA77ONS- -3 -VV B.S.L. -BUILDING SETBACK LINE Poa:POINT OF BEGINNING POC POINT OF COMMENCEMENT YY D.&UX-DRAINAGE&UllUTr EASEMENT SWM. =STORM WATER MANAGEMENT CURVE TABLE PRELIMINARY RUD. PLAT T.A.E. = 7FAfPORARY ACCESS EASEMENT LE -LANDSCAPE EASEMENT CURVE LENGTH RADIUS CHORD CHORD BEARING DEL WEE - WES114AVEN H.O.A. HOMEOWNERS ASSOCIA770N CENTERUNE Cl ----34.24 25.00 31.62 - S87'41'04*W E-w COLLECTOR ROAD RE: =ROADWAY EAsEmFjvr BOUNDARY LINE C2 34.60 25.00 31.90 N13*26'18'W YOOOALLE, U-14as 2 7HIS PROPERTY IS W7)*lN THE CORPORATE UM17S OF THE UN17ED CITY OF YORKVILLE C3 39,27 25.00 35.36 S0 8'05'02'E LAAQ UW 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. ROADWAY EASEMENT C4 39.27 25.00 35.36 N81*54'58'E. X OF 4,NO DIMENSIONS 94AU BE ASSUMED BY SCALING LOT LWE C5 40.44 25.00 36.17 S44'26'41'W LAND USE 1 ACREAGE ITOTAL ACRES DVM IN T* DATE I C6 39.27 25.00 35.36 N46*53'37'W RE NRON&OPEN SPACE(LOTS 1-6) 241 am 1 448 .PROXCT o. N 5.IWSnNG ZONING 15 UNITED CITY OF YORKVILLE R-2&R-J BUILDING SE7BACK LINE 2 S45*54'56'E 1 7) 3.10 am 1 56X a2-23-06 I MOB-06012-101 32 4� ROADWAY EASEMENT(LOT 11, WETLAND STUDY TO RE REVIEWED BY CITY 1111OR .FINAL ENGINEERING. N43*06'23'E TOTAL GROSS ACRES 1 5.51 va I loot 2. w HOW SCALE. SlIEET,NO. 7.LOTS 1-7 TO BE 00NED AND MAINTAINED BY 774E HOMEOWNERS ASSOCIA 7701V. - -- -- - EASEMENT LINE C9 31830 1 700.00 1 315.57 1 S66*06'38'E I CIO -i no 1 647.87 1 N72-29'19-W j VM SCALE 2,7 6.r.60'42 97 ;Rl -lT* N/A SMITH ENGINEERING CONSULTANTS4 INC. mvqmcrumm xm=am we sum"=1 PRELIMINARY P. U . D. PLAT n K.mmw powzmwm mmm Fm DEL EBB - WESTHAVEN E L I ,O*I"g PLOT FLE WESTHAVEN BOULEVARD ___�j FOR CONTINUATION SEE SH A WE PLANNED UNIT DEVELOPMENT STHAVEN BOULEVARD PROPOSED ZONING - R-3 P.U.D. 42.01, S83*36,527E LO13 CURVE TABLE 4.10T0 SF. CURVE TABLE LENGTH RADIUS CHORD P±!2RD BEARING CURVE LENGTH RADIUS CHORD CHORD BEARING Cl 1193.58 625.00 1020.29 N53'24'42'E C25 37.59 25.00 34.15 1 S76*56'11'E C2 37.12 25.00 3180 N20*33*08'W C26 39.27 25.00 35.36 N45;42'07'E . 00 S64*31'04'W C3 37.12 25.00 33.80 C27 39.27 -2SOO 3a36 N44 17'53'W C4 37,12 2!L10 33,110 N62'24'37'11 C211 311,53 25,10 34*13 S3.'32'.1'E CS 012 25.00 33.80 N32*31'11'E C29 36.74 25.00 33.52 S63*41'33'W C6 36.73 25.00 33M , N37*03'07'W C30 37.28 25.00 33.92 S091361 LOT 22 C7 36.73 25.00 3151 N58•46'3lrE C31 37.28 25.00 33.92 N71-40465-yW 17.620 S.F. ce 33.18 26'09'E C32 3&18 2&00 33.11 S57*57'36*W 25.00 30.80 S78* C9 35.97- 25.00 32.95 N12*28'OVE C33 37.69 25.00 34.22 N26*41'2'3'W 9 R=42k.w Clo 39.27 25.00 35.36 S35"49'26W C34 40.34 25.00 36.10 1 S41*32'02'V a6a CH=79.07 CB=S8l*KS§LE- - C11 39.27 25.00 35.36 N54 10'34'W C35 39.27 2UO 35.36 N49 41'38'W *01 L.23-870-77k=25-00 �� _ ,Av O ✓ C12 37.20 25.00 33.86 N60'45'10'W C36 39.27 25.00 35.36 S49*41'38'E IH-- 1-3 °42' "E- N41*23'58'E c C13 35.32 25.00 32.45 S30*13'56'V C37 40.22 25.00 36.02 C14 39.27 25.00 35.36 N17*18'06'E C38 39.27 25.00 35.36 S40*18'22'W i C35 39.27 25.00 35.36 S72'41'34'E C39 38.51 25.00 34.81 N48*49*22'W C16 41.44 L-5.00 36.85 S3VI3'01'W C40 15.71 275.00 15.71 N58*21'06'E C17 28.87 25.00 27.29 N79'09'27'W C41 15.83 1 250-00 15.62 -SC2*52'49'E C18 37.70 25.00 9'30'E -1 34.23 N25'56'02'E C42 24.83 1 400.00 24.82 S74*4 At C19 37.70 25.00 34.23 S60'28'08'E C43 0.60 0.60 S17*19'14'E �S C44 1088.03 650.00 96'5.3B N47*15'06*W ir ceo 37.59 25.00 34.15 N49'41'39'E 1 .0 m Lu C21 37.59 1 25.00 34.15 S36*27'24'E C45 433.21 1000.00_ 429.73 N82*17*11'W S89 C22 35.57 1 25.00 J�&2.65 N78*41'37'E C46 1761.43 575.00 1149.12 S06*56'06'E C23 1 25.00 2964 S16'29'05'E C47 323.27 1000.00 321.87 N71*33446jE CURVE M6 C27 C29 C3� C48 274.80 700.00 273.04 573.32'53'4 j C3 At eq %&A LaT U J4,3w sx 000 NTg7 0& jv ;L JAI L=13. R=10400 vq�l .Z. CH=l 3.94 94 CB=N7.00*1 646W L-.7�4.08 R=52.00 114.00' CH= 97 CB=S37*56'39 S87-OV03W tw_Kr LOT Q + F -r- - _ -�- 21.9fJ SF. co ' .3 X•C.) '13- N76-48t�2! W t�K�'� \ ` \ t *0 6 J 43.6,3, M O-46 )01 Jvlllljlmlli LOT =J9I iS sr. \N7 14 lw 431?9.w lls. HATCHED AREAS DENOTE PRIVATE ROAD&UTILITY EASEMENT' 7 TO BE OWNED AND MAINTAINED BY \,qeS �,000 VA ROADWAY EASEMENT / i v P THE HOMEOWNERS ASSMA770M ROADWAY EASEMENT PROWSIOMS 0 TO BE PROVIDED ON nNAL SURDfW.VON PLAT. v A BLANKET U77UTY,DRAINAGE AND PEDESTRIAN EASEMENT GRAPHIC SCALE PER 774E EASEMENT PROW90NS SHOW HEREON,IS HEREBY DEDICATED OVER ALL OPEN SPACE L07M I.AAWOTA77ON A119REMARONS- I i-h 50 NOTES as.L. -BUILDING SE72ACK LINE P09:POW T OF BEGINNING -------- POC POINT OF commENcstow D.au,r_ -DRAINAGE&UTX1lY EASEMENT PRELNARY P.U.D. PLAT SWAL STORM WATER MANAGEMENT P.U . T.A.E: = TEMPORARY ACCESS EASEMENT DEL WEM - WESTHAVEN L-F- - CEJV7ERLWE WESTHAVEN BCLLEVA2D H.G.A. LANDSCAPE HOMEOWNERS ASSOCIATION R.E. =ROADWAY EASEMENT BOUNDARY LINE L LAAQ Lr2ff SLA&4A,?Y YORKVILLE. LL 2. THIS PROPERTY IS NITHYN THE CGRPORA7E LIMITS OF THE UNITED CITY OF YORKVILLE I DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERNISE NOTED. ROADWAY EASEMENT X OF 4. No DIMENSIONS SHALL BE ASSUMED BY SCALING. LAND USE ACREAGE_ TOTAL ACRES R ams Dm BY: DATE- PRDE=NO. LOT LINE -- o?-w OZ-23-08 -060115.01 RE7EN77ON&0PfW5P_ACE�lQTS 1-22) 4rx I a3 JOS "EBB CLOT , *I HOR�.M!LE SHEET NO. *E;OSTING ZONING IS UNITED rdTr OF YORKWLLE R-2&R-3 ROADWAY EASEMENT 59X DSN BY: INT. S ACRES * WETLAND STUDY TO BE RE14EWD By OFTY PRIOR 70 FML ENG"IEERINa BUILDING SETBACK LINE TOTAL cm sy.. iNT.- vm scALF- 2� .7, L07S 1-23 70 BE ONNED AND MAINTAINED By THE HOMEOWNERS ASSOGIA770N - -- - - - EASEMENT LINE OLD NIA } j • SM $ ENGNEING CONS INC. crvp/sremcmRU nNlA+S SURVEr si P R E L I M I V A RY P. U . D. PLAT ,m _� DEL WEBB - ValESTHAVElei � "�' �°" M m0-M$-7= .IS�o-6m-AY plump m.mmw ONAI.DBBIOR Pup[T 184-000iOq COUP.W OBOZ-P'eI•�9 j WESTHAVEN BOULEVARD ��O ��I ��_ �`- _ _� A PLANNED UNIT DEVELOPMENT �� / ' __ - PROPOSED ZONING - R-3 P.U.D.y � o O CURVE TABLE CURVE LENGTH RADIUS CHORD CHORD BEARING Cl 1193.58 625.00 102029 N55'24'42E C2 37.12 25.00 3380 N20'33TW;W C3 37.12 25.00 33.80 S64'31'04'W !j C4 37.12 25.00 33.80 N62'24'37'V I \� lop- 05 m 37.12 25.00 33.80 N32'31'11'E - \ `Pr C6 36.73 2500 33.51 N37.03107'V G L0772 p r ).Teo SF. C7 36.73 25.00 33.51 N58.46'38'E C8 33.18 25400 3020 S78.26'09'E I �I C9 35.97 25.00 32.95 N12.28'01'E CIO 39.27 25.00 3536 S35'49'26'V rs 39.27 25.00 3536 N54*10'34'W C12 37.20 25.00 3386 N60'4510'V C13 3532 25.00 32.45 S30.13'56'W C14 39.27 25.00 3536 N17.18'06'E \ C15 39.27 25.00 35.36 S72'4Y54'E co C36 41.44 25.00 36.85 S30'13'01'V \\ _ C17 28.87 2500 2729 N79.09'27'W C18 37.70 25.00 34.23 N25.56.02'E C19 37.70 25.00 34.23 S60.28'08'E \ C20 37.59 25.00 34.15 N49.41'39'E \ \ \ 240777 SF tT N C21 37.59 25.00 34.15 S36.27.24E \ C22 3557 25100 32.65 N7B•41.376E C23 31.73 25.00 29.64 S16.29'05'E \ V C24 37.59 25.00 34.15 S16o54o47fW \ \ \� WES 00 C25 37.59 25.00 34.15 S76'56'1I'E �Ll^"' C26 39.27 25.00 35.36 N45.42'07'E C27 39.27 25.00 35.36 N44.1753'V \ •� a� NO1G0 C28 38.53 25.00 34.83 S30'32.41'E C29 36.74 25.00 33.52 S63'41'33'W C30 3728 25.00 33.92 S09.36'56'W `\ ; ,\• / C31 372 m 8 25.00 33.92 N75.48'45'W �\ `yl / j C32 36.18 25.00 3311 S57.57'36'V \ C33 37.69 1 2500 3422 N26.41'25'V C34 40.34 25.00 36.10 S41'32'02'W C35 39.27 2500 35.36 N49'41'38'W f C36 39.27 25.00 35.36 S49'41'38'E C37 4022 25.00 36.02 N41.23'58'E i 1 C38 39.27 25.00 35.36 S40'181221W , - 18:06. \ C39 38.51 25.00 34.81- N48'49'22'V C40. 15.71 275.00 15.71 N58.21'06'f.. 6.4$' C41 15.83 250.00 15.82 1 S02.52'49'E EC- WOOD S89°1153"E \ _ C42 24.03 400.00 24.82 S74'49'4'E Ong 1O I _ C43 0.60 325.00 0.60 S17'19'14'E t�1� C44 1088.03 1 650.00 965.38 1 N47.15'06'W C45 433.11 1000.00 429,73 N821T11'W C46 1761.43 575.00 1149.12 S06.56'06'E 1 y I C47 323.27 1000.00 321.87 N71'33'46E III C48 274.90 700.00 27344 1 S73'3253-W I 1 LAAQ USE LAND USE TOTAL.ACS RE.". i f &OPEN-SPACE(LOTS 1-22 8.35 oe. 4/X ROADWAY EASEMENT OT 23 1.155 Oc. 1 59X TOTAL GROSS ACRES 22.90 mm I f00X j I I i 1 iFe�t I II ri�u o HA7CHE0 AREAS DE7'07E PRIVATE ROAD&U77UTY EASEMENT. PRIVATE ROADWAY EASEMENT TO BE ONNED AND MAINTAINED BY \ THE HOMEOWNERS ASSOCIA77M ROADWAY EASEMENT PROVISIONS TO BE PROVIDED ON FINAL SUBOVISKIV PLAT. 9 A BLANKET U771.17Y, DRAINAGE AND PEDESTRIAN EASEMENT PER THE EASEMENT PROVISIONS SHONN HEREON• IS HEREBY DEDICATED OVER ALL OPEN SPACE LOTS �'-., , GRAPHIC SCALE i 1. AAWOTARON ABBREVUTIONS- 1 t-h- SO 1L B.S.L. -BULDNG SETBACK LINE POS-POINT OF BEGINNING / \ POC=PONT OF COMMENCEMENT D.&U.E =DRAINAGE&U77UTY EASEMENT I S KM. =STORM WATER MANAGEMENT o L=65.97 R=665.00 PRELM NARY P.U.D. PLAT T.A.E. - TEMPORARY ACCESS EASEMENT i LE: =LANDSCAPE EASEMENT CH=65.94 CB=S03e32'38"W DEL W®B - WESTHAVEN H.O.A. -HOMEOWNERS ASSOCIATION - CENTERLINE 7i y R.E. =ROADWAY EASEMENT ._. ---- - WESTHAVEN BOLLEVARD BOUNDARY LINE l 2 THIS PROPERTY IS BITHW THE CORPORATE LIM ITS OF THE UNITED CITY OF YORKVILLE. / 42.01' YORICVH.L.E. ILLINOIS 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS 071,0ERMSE N07ED. - - ROADWAY EASEMENT \ - `583°36$2"E 4.NO DIMENSIONS SHALL BE ASSUMED BY SCAUNG. LOT UAL' - ! REN90NS 0181 BY: NT: OATS: PRQIEAT NO / ���_ LO77s 7. AS T-3-oe JGS 02-23-05 N£BB-080115.01 5.EXISRNG ZONING IS UNITED CITY OF YORKWLLE R-2&R-J BUILDING SETBACK LINE ` 1 \ afao 5F 2 DSN BY: NT: HOW SCALE SHEET NO. 6. NEXAND STUDY 70 BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING. FOR CONTINUATION SEE SHEET#28-WESTHAVEN BOULEVARD A 1'=so• 7. L07S 1-23 TO BE OWNED AND MAINTAMIEO BY THE HOM£0N9VERS ASSOCIATION. - - - -- - EASEMENT LINE A CF9(ST: WL• VEItT SCALE: 29 s CLD N A SMITH ENGMERING 76CO INC. PRELIMINARY P. U . D. PLAT DEL WEBB WESTHAVEN WESTHAVEN BOULEVARD YEW OBO/,3-J A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. --T 0 eS, 49 1 PN 6� WlG wo �'\ I ! zlo�E 02.29'487-5 3 17. is L.T. C-4 t4TA o6 74M&F. L-96.04 79, 144..34' LOT 10 joy 10933 \ V 3,�,tJ �to to SF 4�, a� � k o =9 =25.00 1 L.T 8 26 SS*37136"E 90 SF. L 47'41'E CH=2.02 .7 CH� LCTr 20 494.09'e4 77 4444&F. 94 q ca-- IF 00 71, 16, 82 16' S83*4*7'13- n CURVE TABLE 00 CURVE LENGTH RADIUS CHORD ICHORD BEARING May&�F. L=1�. 7 R--25.00 1193Z8 6L5.00 1020.29 N55*24'42'E LOT 11 CB=S3 *40'23"E C2 37.12 2540 33480 N20*33'08'W NAP 51 CH=12.44 cl 7 C3 37.12_ 25.00 33.80 S64*31'04'W 0 -A C4 3712 25.00 33.80 N62*24'37'W 15 �000 C5 3712 25,00 33.80 N32*31'11'E L-31 0 0 3 6.73 25.00. 33.51 N37'03'07*W lr C7 1 36.73 25.00 33.51 N513*46'39'E CB 33.18 25.00 30.80 S78-26'09'E *7:.: I C9 35.97 25.00 32.95- N12*28'01'E clo 39.27 25.00 35.36 S35*49'26'W cil 39.27 E5.00 35.36 N54*10'34*W Lk C12 3720 25.00 33.96 N60*45'10'W C13 35.32 25.00 32.45 S30*13'56'W C14 3917 21.00 35.36 N17.18-06'E C15 39.27 25.00 35.36 S72*41'54'E 06 41.44 25.00 36.85 S30.33'01'W C17 28.87 25.00 27.29 N79*09'27'W C18 37:70 25.00 34.23 N25'56'02'E 09 1 37.70 25.00 34.23 S60'28'D WE 020 3759 25*00 34.15 N49*41'39oE C21 37459 25.00 34.15 S36*27'24'E - - C22 35.57 25.00 32.65 N78*41'37'E C23 31.73 25.00 29.64 S76'29'05'E C24 37.39 25.00 1 34,15 S16*54'47'W C25 37.59 25.00 34.15 S76*56'11'E / / NE�G \ \ C26 39.27 25= 35.36 N45*42'07*E C27 39.27 25.00 35.36 N44*17'53'W C28 1 38.53 25.00 34.83 S30*32'41'E C29 36.74 25m00 33.52 S63'41'33'W C30 37.28 25.00 33.92 S09*36'56*W C31 37.28 25.00 33.92 N75*48'45'W HATCHED AREAS DENOTE PRIVATE ROAD&UTILITY EASEMENT. PRIVATE ROADWAY EASEMENT TO BE OWNED AND MAINIAlIVED BY C32 36.18 25.00 33.11 S57*57'36'W THE HOMEOWNERS ASSOCIATION. ROADWAY EASEMENT PROWSIONS C33 37.69 25.00 34.22 N26*41'25'W C34 40.34 TO BE PROVIDED ON FINAL SUBDIVISION PLAT 25.00 36.10 S41'32'02'W A BLANKET UTILITY,DRAINAGE AND PEDESTRIAN EASEMENT C35 39.27 25.00 35.36 N49*41;38 W PER THE EASEMENT PROVISIONS 940MV HEREOP4 IS HEREBY 39.27 25.00 35.36 S49*41'38'E DEDICATED OVER ALL OPEN SPACE LOTS C37 4022 25.00 36.02 N41*23'58*E GRAPHIC SCALE C38 3927 25.00 35.36 S40*10'22'W C39 38451 25.00 34.81 N48'49'22'W C40 15.71 275.00 15.71 N58*21'06'E 1.ANNOTATION ABBREWA 77ONS No C41 15.83 250.00 15.82 S0E*52'49'E B.S.L. -BUILDING SETBACK LINE C42 24.83 400.00 1 24.82 S74*49'30'E 1 hwh 50 IL POO:PONT OF BEGINNING C43 0.60 325-GO 0460 S17-19'14'E POO POINT OF COMMENCEMENT C44 1008;03 965.38 N47*15'06'V D.&U.E. -DRAINAGE&UTILITY EASEMENT C45 43311 1000.00 429.73 N132*17'11'W S.W.M. STORM WATER MANAGEMENT LIC46 575.00 114912 i S06*56'06'E P.U.D. PLAT T.A.E TEMPORARY ACCESS EASEMENT 41E 32 LE 323.27 1000.00 1.87 N71*334 'E H.O.A. HOMEOWNERS ASSOCIATION GENTERLIKE I n, LANDSCAPE EASEMENT 4 274�80 700.00 i 27 DM WMB WESTHAVEN R YeSTHAVM 6OLLEVA2D R.E -ROADWAY EASEMENT 2 THIS PROPERTY IS WWN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKWLLF- BOUNDARY LINE L4hQ LW SL&#AAR YCQKV" LUt%K)IS 3 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED, ROADWAY EASEMENT OF i 4.No DIMENSIONS SNALL BE ASSUMED BY SCALING. LOT LINE LAND USE I ACREAGE ITOTAL ACRES DIN!Jrf6 WT. DATE: PROJECT NQ RETENTION 'N 1-221, .9-JI 4z 1 03-2-1-M .ADS 02-2.3-06 mms-owfollaol 0'*'- 5.EXS77NG 20AUNG is UN17M CITY OF YORKVILLE R-2&R-3 BUILDING SEVACK LINE ROADWAY EAr�.71"TS 13.550-, 59% DSNI BY INT., HORIZ SCAdLE. MIT NO. 6. KEILAND STUDY TO BE REWENED BY CITY PRIOR TO FINAL ENGINEERING. TOTAL GROSS ACRES I 2290 ac. I loax l'-5o' Z i L07Y 1-23 TO BE OWNED MAINTAINED BY THE HOMEOWNERS ASSOCIATION. - -- -- - EASEMENT LINE CHK By* JNT* VERT SCALE j 0 Glo MIA srzTa ENGcnrEEx x xsUITANS INC. / RGla mm WmvrmB P R E L[M 1 ` A RY P. U . D. PLAT I DEL BB - W E E S T H A V E ltit , > .i T>BSG11.aN,1e4-oo6loq ST WESTHAVEN BOULEVARDFa�11s�.""'" A PLANNED UNIT DEVELOPMENT PROPOSED ZONING - R-3 P.U.D. ) \ / �P.gS QO �i• g•2 O 101.5 \\ i� yr2 00) Z25- 0 1 122.78'N89'28'05'E y \ \ \ \ 107 \t \ \\ T3 �1�;;�•a9 X9f5 SF. N \ \\ \ L=1.15 R= . 0 0dN81� j46.aE. Z� C 30°04'05"E L�j85.A8 L:76.48 I1till �23 NL 7,05 T!r * 51 110.00• N73' 9 S 3�3 118.77' 170.11 tg ° GQ \�LOT6 Asti ar, 88.06 ' NB0^4926 q I L=0.7 R�5.00 7p 7Y °fig 79 4 N83°21'15"E , �A 2 E ' 1 � CH=O� 8C.tB=N1 13'58'W fl N77° ` 1, � `� 1 + �� 1 1 L--ice, 14,,5 000 1 I. �a1 CURVE TABLE A Off/* CURVE LENGTH RADIUS CHORD CHORD BEARING Cl 1193.5a 625.00 1020.29 N55.24'42'E lb*,, O^ti C2 37.I2 25.00 33.80 N20.33'08'V m 0 a � / /c C3 37.12 25.00 33.80 S64'31'04'W "s% / C4 37.12 25.00 33.80 N62'24'37'W v \ / C5 3712 25400 3180N32'31']3'E C6 36.73 25100 3151 N37.03'07'W C7 3 25.00 3 N58.46'38'E C 33.18 3.18 25.00 30.90 020 S78'26'09'E 9 _ _ _ __ C G 39.27- 25.00 35.36--_ 535.49 26'W L=36.73 R=25.00 Z� // / / / \ CIS 39.27 25.00 35.36- N54'10'34'W CH=33.51 CB=N58°46'38"E - - \ l C12 3720 25.00 33486 146W4511D CM 35.32 25.00 32445 S30.13'56'W J4u J4 C34 39.27 25.00 35.36 N17'18'06'E S7.9-08,8'75, `\ C15 39.27 25600 35436 S72.41'54E c T4•E e C16 41.44 25.00 36.85 S30.13.01'W � �\ °y C17 28.87 25.00 2729 N79.09'27'W +i \ Cla 37.70 25.00 34.23 N2556'02'E NE `\ C(X��CT I� \ / / ,/ \ \ C19 37,70 25.00 34.23 S60'28'08'E �, -...`` ( / C20 37159 25.00 34.15 N49.41'39'E BOUNDARY UNE `� Lu \ C21 37.59 25.00 34.15 S36.27'24'E A R D w \ � -{NP � � C22 35.57 25.00 32.65 N78.41'37E -- ROADWAY EASEMENT \ `1G_� co f�^ 1 1' `mes 1 QD ly�Q�+\ C23 31.73 25.00 29.64 576.29'05'E LOT LINE `. �, \PV L� �,O- O 75 47 0 ' +J ; V� _ ,'1 R� \ C24 37.59 25.00 34.15 516.54'47'W C25 37.59 25.00 34.15 576.56'II'E BUILDING SETBACK LINE IO Z + 1_� \ C26 3927 25.00 35.36 N45.42'07'E 2 j \// C27 39.27 25.00 35.36 N44.17'53'W - -- - - - EASEMENT LINE 1 m Z j j� C28 38.53 2540 34.83 S30.32'41'E C29 36.74 25.00 33.52 S63.41'33'W f K°To co 1 I C30 37.26 25.00 33.92 S09.36'56'W C3: 37.26 25.00 33.92 N75.48'45'W HATCHED AREAS DEN07E PR/VA7E ROAD 3 U77LJ Y EAS00ENT. ni 1 { I C32 36.18 25.00 33.11 S57'57'36'W PRIVATE ROADWAY EASEMENT TO BE ONNED AND MAINTAINED BY j' I j-�-'�--1 !1 C33 37.69 25.00 34.22 N26'41'25'W THE HOMEOWNERS ASSOCIA 770N ROADWAY EASEMENT PROW-WNS V , I '\ C34 40.34 25.00 36.10 S41.32'02'W ' TO BE PROVIDED ON FINAL SUSDIWSION PLAT. 9 LOTS a.' 1 'i 1 1 ,, C35 39.27 25.00 35.36 N49.41'38'W A BLANKET U71LI7Y, DRAINAGE AND PEDESTRIAN EASEMENT 6 39.27 25.00 35.36 S49.41'38'E 4J77 Sr. PER THE EASEMENT PRONS70N5 SHOWN HEREON,IS HEREBY cNi R Z � � C37 40.22 25.00 36.02 N4P23'S8'E DEDICATED OVER ALL OPEN SPACE LOTS, m ° '1 1. GRAPHIC SCALE W� C3 39.27 25.00 35.36 S40'18'22'W C39 9 38.51 25.00 34.61 N48'49'22'W D o SLOT 17 po tt 1` C40 15.71 275.00 15.71 N58'21'06'E w o 7ssz9 SF. ! \,��•� C41 15.83 250.00 15.82 S02.52'49'E 1. ANNOTATION ABBREWA71ONS- p B.SL -BUILDING SETBACK UNE \t \ \\ C42 24.83 400.00 24,82 S74.49'30'E 1 h_50 I POS=POINT OF BEGINNING W t , C43 0.60 325.00 0.60 S17.19'14'E 1 lnen SO R - C44 1086.03 650.00 965.38 N47.15'06'W POC=POINT OF COMM£NCEAIENT Z D.&U.E. DRAINAGE&U77LITY EASEMENT 1 `\ C45 433.11 100000 429.73 N82'17'I1'W S W!M.=STORM WATER MANAGEMENT X1,6, �O�i C46 1761.43 575.00 1 1149.12 S06.56'06'E T.A.E = TEMPORARY ACCESS EASEMENT C47 323627 1000.00 321.87 N71'33'46'E P03- Y P.U.D. PLAT I-E =LANDSCAPE EASEMENT 2• n �.j w' C4a 274.80 700.00 27304 S73'32'531W l� WEW - WESTHAVEN H.OA.=HOMEOWNER'S ASSOCM TTON All* r �QV�' R.E a ROADWAY E45E1UENT S7Cj°O� N WESTHAVEN vvVf.Gy ARD Y i l f, ,I 2 THIS PROPERTY IS N171tlN THE CORPORATE LAIII75 OF THE UNITED CITY OF YORKNLLE. ^3 St �u-E. a-L•ONOIS ° LAND LISE SLIIM�4A+PY 3.DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. 2� OF O_ .75 III' �(O'C LAND USE ACREAGE TOTAL ACRES 4.NO DId1EN90N3 SHALL BE ASSUMED BY SCALING. _ Z ��$� RETENTION&OPEN SPACE(LOTS 7-22 I 9.35 as 1 479 DWN 1"' IIT' DTV- PROJEOT NO. 3 IDOS77NG ZONING IS UNITED CITY OF YORKWLLE R-2 d`R-3 t marls ROADWAY EASEMENT(LOT 23 1355 oe. 59X 1. "tS 07-27-00 xS 02-23-06 W£BB-06017301 'a 2 031 BY: INT. HORIZ SCALE- SHEET NO. 6. WETLAND STUDY TO BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING. _r{\ TOTAL GROSS ACRES 22.90 ae. 700.4 _ 7. L07S 1-23 TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. FORGO 4.1 flit 8Y' IN1: VERT=SCALE: ,.31 S a NIA i SMITH ENGINEERING CONSULTANTS; INC. PRELIMINARY P. U . D. PLAT "°a"gin1ClumIn"wlan°"MSunman DEL WEBB - WESTHAVEN Flat .. � .aaaasr *aarvma acmole rsmesswNai.ossxaa emr lei-aoasae W E S T H A V E N BOULEVARD as Ir Rte oeaaNS-°�""�° xOr sxe STMmAflO A PLANNED UNIT DEVELOPMENT 1Ieo5m155 PROPOSED ZONING - R-3 P.U.D. pt\ON SEE S1iEEt1. > \ rl \ fpRCO��� LAND LJSE 5LA4WAQ1' X OF LAND USE ACREAGE 7DTAL ACRES \ I I. p,Z mJ'I' ROADWA�EASfiI(EN SPACE L075 f-z2 �-0 59s - I c / TOT GROSS ACRES 22.90 x TOOX ion 7's0., j2 Z459 SF ?+� \ �\ s4°w L=3474 - .00 W "r� / b /r CHg32.f�'1 C8= °49'34°W 233.6 S89°2524"W L=58.87 R=280.00 CH= -7r CB=N04°57'23°E ti'S LOT m f / I I ++ 5h 44.M sr. -93,13 R=65.0� I T* 170.00'S018-56-00-IN CH=85.37 C = 3*27'55"/1A/ X76 T3 Lor n - 110.00' t X36. N7 13 00, p A45zs sF m• 277.00. 49 5° . 2 � s , N L�T74.64 � / Ng8° rp0, L3214.78. _. ._._ ----tQTz / 207.06' LOT LOT 5377 it 4.36' # se?e IF. 123.@6' 2 585 18??IViI i 04'N76-4832 Zl, s y 110.00' 15 'O 32'59"W � � � I F W 214.36 585°18 � �33.ST Ste° I II y I O J L=12.85 R� 7.6 / 1 � BOUNDARY UNE 1 �L==N0 1j 380.00 - - ROADWAY EASEMENT `.` � r/ � � 1, CH=4. C8=N03109'1/8"W LOT SETBACK LINE T LINE sETeA - ` - --- - -- EASEMENT LINE HATCHED AREAS DEN07F PRIVA 7E ROAD&URLITY EASEMENT. PRIVATE ROADWAY EASEMENT TO BE OPINED AND MAINTAINED BY 774E HOMEONIV£RS ASSOCIA 77ON.ROADWAY EASEMENT PRO11SIONS TO BE PROVIDED ON FINAL susawSION PLAT: A BLANKET UTILITY,DRAINAGE AND PEDESTRIAN EASEMENT PER THE EASEMENT PROVISIONS SHOWN HEREON, IS HEREBY �( , / , I ��, 1 ! � i i ` I GRAPHIC SCALE DEWCA70 OVER ALL OPEN SPACE LOTS. �--� \ / ; CURVE TABLE CURVE TABLE CURVE TABLE f. ANNOTA77ON ABBREHARONS- NO CURVE LENGTH RADIUS CHORD CHORD BEARING CURVE LENGTH RADIUS CHORD HORD BEARING CURVE LENGTH RADIUS CHORD CHORDBEARING III P'1 B.S.L. =BUILDING SETBACK LINE Cl 1193.58 625.00 1020.29 N55.24'42'E C17 28.87 25.00 27.29 N79.09'27'W C33 37.69 25.00 34.22 N26'41'25'W 1 man- tt POB-POINT OF BEGINNING C2 37.12 25.00 33.80 N20.33TB'W C38 37.70 25.00 34.23 N25 '02'E C34 40.34 25.00 36.10 S41.32'02'W POC POINT OF COMMENCEMENT C3 37.12 25.00 33.80 S64.31'04'W C19 37.70 25.00 30..23 S60'28'081E C35 39.27 25.00 35.36 N49'41'38'V D.&U.E -DRAINAGE&UTILITY EASEMENT S W.M. =STORM WATER MANAGEMENT C4 37.12 25.00 33.80 N62.2437'W C20 3759 25.00 34.15 1 N49'41'39'E C36 39.27 25.00 35.36 S49'41'38'E P09-Vv�GVARY P.LLD. PLAT T.A.E. TEMPORARY ACCESS EASEMENT CS 37.12 25.00 33.80 N32'31'11'E C21 37.59 25.00 34.15 S36'27'24'E C37 40.22 25.00 36.02 N41.23'58'E LE =LANDSCAPE EASEMENT C6 1 36.73 25.00 33.51 N37.03'07'W C22 35.57 25.00 32.65 N78'41437'E C38 3927 25.00 35.36 S40.18'22'W DE9- WEW - VVE.ST1"IAVEN H.O.A. -HOMEOWNERS ASSOCIA770M C7 36.73 25.00 33.51 N58.46'38'E C23 31.73 25.00 29.64 S16.29'05'E C39 3851 25.00 34.81 N48.49'22'W S'i}.1A ,�/,0,(2p R.E. =ROADWAY EASEMENT CB 33.18 25.00 30.80 S78'26'09'E C24 37.59 25.00 3415 S16'54'47'W C40 15.71 275.00 15.71 N58.21'06'E Y `✓� S 2. THIS PROPERTY IS NTTHIN THE CORPORATE LIMITS OF THE UNITED CTY OF YORKWUE, C9 35.97 25.00 32.95 N12.28'01'E C25 37.59 25.00 34.15 S76'56'11'E C41 1583 250.00 15.82 S02.52'49'E .I DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWSE NOTED. C10 39.27 25.00 35.36 S35.49'26'W C26 39.27 25.00 35.36 N45'42'07'E C42 24.83 400AC 24.82 S74.49'30'E 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. C31 39.27 1 25.00 35.36 N54.W34'W C27 39.27 1 25.00 35.36 N44.17'53'W C43 0.60 325.00 0.60 S17.19'14'E RENSIONS DNRI BY: INT.I DATE PROJECT N0. C12 37.20 25.00 33.86 N60'45'10'W C28 38.53 25.00 34.83 S30'32'41'E C44 1088.03 650.00 965.38 N47.15'06'W 1 .CS 0.I-E3-as ,� 02-23-06 WEBS-060115.01 5. EXISTING IONINC 15 UNITED CITY OF YDRKNLLE R-2&R-3 C13 35.32 25.00 32A5 S30.13'56'W C29 36.74 25.00 33.52 S63041'33'1 C45 433.11 1000.00 429.73 N82.17'U'W Z DSN BY.' INT HORIZ SCALE: SHEET;NO. B. NE7IAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING. C14 39.27 25.00 35.36 N17'8? C30 37.28 25,00 33.92 S09'3656'W C46 1761.43 575.00 1149.12 S06.56'06'E y 1'=50' 7. 1.075 1-23 TO BE OWNED AND MAINTAINED BY THE HOA4EONNERS ASSOCIATION. CIS 39.27 25.00 35.36 572.41'64'k C31 37.28 25.00 33.92 N75'48'45'W C47 323.27 1000.00 321.87 N71.33'46'E 4, CHIC Or INT: VERT SCALE: .32 C16 41.44 25.00 36.85 S30'13'01'W C32 36.18 25.00 33.11 S57.57'36'W C48 274.80 700A0 273.04 S73.32'53'W CLD N/A y ��� �' A • ltr,r.4d;•��,}ir�R��`sa�.+PS/�iPrj X�';,�'f' ,1'�7){rf�"° �"1 �A� � $ F J!( �TJt � ) A A r r ,e V; 1 T�I I" e ,Q m .. •� r A 0, `� � rn x T w 0. Z wo IN col m m — �o e an 0 7o r - 'f1 X0�7711 X Mill m I M F Westhaven by Del Webb-Preliminary Landscape Plan=02/23/2006 rn W m N li [ t'i tt t RI sl II itiliitl 11 I [ r i,, ,,, --•-•--- •••°- - %%%% %%%%%%%%TS%%SS;%%%% aiiiiii7 rrnra: nnrrrr 'CGC5G555555CCC5 5K:C5C [A I ��® I71 I}}}T11} }111T}. rrrr�rr rS rrrrrrrrr rrr r IIIIIIRIRIT11lR 11/RRI G% I l } t M/TCHLINE tQ AL, all Pill,il �.�■ail®�.®�®il.d ■..tdet[ U ' ! M{�TGT�iLIPdi� �rP �: l ' 1 \ F 1 E [ l rrJ � �� ...�Y•\ 'f<..--�I '!1 f� IIII�I�`` �I t � �;���1, � I: r v��y. e t 3 IIII �I /i �� r I1��Il1�l. Jilllll,ll. 1 i II i ! rift 1(sft I y,,f J4 i l III r'l ,' l r - 1_ I +, % r i! / •(4�y ../ 1 1 ' : II.--'I '!t -il �I .1 I Y li If -F Ia f/- I� if4' 'i. ( �./r >• r"e�d + d i it% it ! } ..� �-`' ( I}; `�� -il- :;{� l�J} 1Jys�� �' 6�•�.'t Ys i ;Il J." 'i "' i 1 n.. � 1p lb W m WESTHAVEN by DEL WEBB s'""°�► ` {( PRELIMINARY LANDSCAPE PLAN ( q YORKVILLE,ILLINOIS - 6 - r. r :g A�CHLNC1o / r I �8 ,r 14 r - cam i Nf (rj+r i Pr Y/ :r Ir �(r 1�4�ry�`l:� r 1• I� E`�36 ��` �� _ Fi �\ \` :Y J # I n /3,,Jr( '�1i��6 11\�Il I I 1i :{� 'p �a F� �.�j4 ✓``„ ®t1� �1I I I ' !r 1/! ii i elf rge rl t\ s pi a: ! 011 l 11�a i d+ fiy 7 r "^.. �'C. �.g�FI�Z.:... f•� r r .- / /�1��f Y `-1 m 1 r 4 f+/( r i 1 m.11 r ) (�. hlllllll';. Iri)I�In�li, + 'ti 1 4 XiNill - r' Jll m rr J IPI III � � ��`" a��i��li�.e���f�Y yV - r O fi } �QI• M R 74,0 wit a044r WESTHAVEN by DEL WEBB PRELIMINARY LANDSCAPE PLAN W 1 I s YORKVILLE,ILLINOIS i m N � t BEECHER ROAD __ BEECHER ROAD UttJtlr t I I I u' it t i!i y! t?J7 irr r !i//r '��t tiJ-t! Q �����'� ���i 1 ��a.-_ �4�P�•N� �� t 4 1q GS.J' f JJ?JJ gi t(i f 'Ij Il' l i I II I 1 ( 1 `Q r%r�/� � 1t s.• r"Y!� �� �y�1 �., //� �t}b�"�-y/-'. � � 2Yt J � t I El O r J slf� ! Oct r ..0 i I 17, Riij f ! r y r r ;. i j•H�r.� �. ! \ ,flf-Y �� A r r r' N :. / _`.�'"��• Y`��� ,�f �r } .I I f r 77 !I irJ(JJI b. i it !U tl J1, t = '1 7r � ! � �. �t. 3 ;1 IR �"��. k, �' !. A � ��� it I II 1 II I '• r�!�'� j '� t r } I l �'fr. •j'�✓ � � e ru IV- I�! Ik jjI t1.� c°0n' •' t Y 1 lg ..r y r 1 ex'.' 9 t ; �„', � fr; td. ., ,.. ,._.. +.� •tom >-..� '” J !I jr I...... ,- WESTHAVEN by DEL WEBB '�,""",� f [ I �1 w 999 PRELIMINARY:LANDSCAPE PLAN 1 ��/� I IF a l YORKVILLE,ILLINOIS x .yy f a � IfF t r,rA� � .�A amf . w■®.� FIIlE@ G� 67 \ >��'�)f �jl a' 't �I\'�{,lo: ���\ � F.�� .,1\� 'S;;t�d � �i � �•. �����'h`r h I , f P i � � �il�Ili! •\� ���; zit,' ( Irrr \ C :j t'' I ��.'�%� ! �'/f/!�/a �t� { C ..•' A 1�� C Sl'` K'i.1 "XW_ — 15�. ye '0 iIj,11j I II } s (�( 1 SIC', ) � J lal' l ill T IT� `vk., - 11 rr _ f{ a :r � z�\!b 1 ryl -el I II: III t , i r s� ry p f c t j' ' 1 f1ii ii Nlfp u: tr�. I!�',�r>�—�Tj- Il�l�l ll�ll� ��n1. ��`' �.'\\` IA � \ !'''!s�fir ���e •+• ,oi- ` .�r - I i i �•'�I. ._.:! < I Irl I i ' ',111 s,, .; i' (/ , I I I .1�'. �•y I �`t;S� � I � I •: , 1 l •;,, \\4 t � ill'I I I I I! II I i I .�*- I .. . y I I II 4 I�I - L II ' I !pia k 11 `+1 Jyr I!1' kilr I "I—fp fC7 !I f } _ ill! li I f 1 11 -1 7 t II,I III'I�I II 6 I I-. d� r3.f IIII I ..!'i� � (� 1 a irJ�-� �d ��'�sx � / . I 161 111 a4L1 t .� ..., � r• $' I 1 I 1 t� vs WESTHAVEN by DEL WEBB W � PRELIMINARY LANDSCAPE PLAN, n fill a - YORKVILLE,ILLINOIS . r 9 Z a i Iw I BEECHER ROAD BEECHER ROAD rt r 1 r of ,! Rik ? • Lin ✓+�' x '� ( '` '�� ,�'• r . r 3g, • � . r � I I I I C i rf i /. j �� t• f � } s P il4 it I .? n •, li s _!i II ..I I I rA .S, ��` ^ate ;•.. rf i I'! , f , f r f y.-"z.�• � : "fir£'iJ w $ � r< F' \4p F o rl 1r S t j \1� tlffiggAi� qW ® ®qq® 1( �qqB®� YAg198 �1®A®YB®e®qq®®!I®®i!®�I■ I r w r I 1( WESTHAVEN by DEL WEBBI PRELIMINARY LANDSCAPE PLAN ,I) m YORKVILLE,ILLINOIS ` ,. r-- --- I -- ------ I -- ----- , I --- i i -_---- - I ------ ------ I I I ! ! i SEC Planning Consuhants 1 i i I i I i i I i L i I i I i I i MWOW L AMCAMARCH"EMM,Y 1 ! i ; tn� C3 1 0 i ORFMME AL I I ! I '.a I ( i i I I I I a.ae,aaaiwave,a. � •• •' 1 .I i I 1 I I t. ( I �.ui.ie.`•s�.rrr.ti r«tnca --- ! --- --- ------1 � ---- r I I i � I ?a, - - EVBl6Rt$1 8F611i LTYPICAU . GROUOCOVER CrYwc.N.1 FOR REVIEW ONLY NOT FOR CONSTRUCTION PARKWAY 7REE -- — --T-- -- --r---- - T- - -� W W Q 1 PROTOTYPICAL PREMIER RESIDENTIAL LANDSCAPE PLAN 2 PROTOTYPICAL CLASSIC RESIDENTIAL LANDSCAPE PLAN 0. a 0 10 20 40 . 0 10 20 40 SCALE 1' - 20 SCALE P = 20' Q Lw N W V 0 J � QQW ..1 J I I I I I V 0 I ! r--------1 F----- ,---------sir----- i r---------I F, _ Q } IN'In D—ft FS.N.- „VYW F6.bMe6.M9.b..M.dst I � Visas-ars6v„K� ! wNUOS-c6r s6tmwr 62PMM&C6r saw aw S Kc.'mone I DOCIDUM MM RYPICM.} z V EQGREM GMMM OYPtCAU z SROWDCOVER OYPK:AU PARKWAY 710E OYPCAU i M..Mt. FOMMY 21-2066 I . rDmm 6r RD Reriered er,SS 040893-WEBB 3 PROTOTYPICAL MANOR RESIDENTIAL LANDSCAPE PLAN LD1 0 10 20 40 SCALE T = 20' gym..=•..... em r t SEC Planning Consukants P,Ar0WVG - ,AKOSCAPEARCHnIMlRE COASWUVW 'fSANDIM lafftiYlemNrb�pir+uos TSti3kfoY ' YbfY2�CT/0 lsi�Y��rgimlyaw LOT w fsi�gk Y>aa..l I ' .. uPS7-amajl9 LANDSCAPE�Hom VARIES ,. PaoPSln BOUNDARY LANDSCAPE EDGE OF R.O.W. UALE n p - :FOR REVIEW ONLY R A D NO STR T FOR CONUCTION - _ 0 20 40 80 J SCALE T o 40' m IL P LL MINIMUM LANDSCAPING PER 100 LINEAR FEET- GALENA ROAD/ BEECHER ROAD 3 0. p Q m 2 SHADE TREES �F« ! J J a Ln 4 EVERGREEN TREES % sue>¢yy�/.'' �v � ri, v W t/) Q 0 op 2 ORNAMENTAL TREES +i ww In J p _ 20 SHRUBS r� �! Y% -x• Q Z W All M W Q e. LLJ �. O 2 ENTRY SIGN - ELEVATION UJ SCALE:,/R'=,' a: DrWing Hk Mane �...... a t W/02/0S-C«Y . , .. yosrc,rof�cn.S6mitlol L. 4I . R Isve Dalr: F blWry 33.2086 Ell .... Dm—Rp.SD it-i—w ST:% » a 040893-WEBB LD2 ENTRY DRIVE- ELEVATION 3 SCALE,/4'-V .... ms PRELIMINARY P.U.D. PLAN STfH ENGINEERING CONSULTANTS, IN-G : LVD./SBT86 ShGNRS D SlEEDRS u EXHIBIT E-3 j"snmr SCHOOL DISTRICT:YO CUSD#1 15 DEL WEBB " WEST "E ' s..Dalelvgln.rielmn 6-YiW sa.mlWVq{mmtlgmm ri RK[Lf11 C ILI]N014 P807'PS510NAL ffiSIGRiF1R1t/J84-OOOI08 - FIRE DISTRicT.BRIST0L4KEN1)ALL FIRE PROTECn0N DISTRICT PROPOSED ZONING-R-3 P.U.D. 60049-CV-mv E3D ING ZONING-A COW.FXC 0 1 PLOT FnESTANDAM 1ffa 060049-01-PE COMMONWEALTH EDISON RIGHT-OF-WAY z COMMONWEALTH EDISON RIGHT-OF-WAY LOCATION MAP P23JECT ' v COMMONWEALTH EDISON RIGHT-OF-WAY 2334.69 N87°52'51"E ma SPACE OETB4IION AQ�-, i Z AaEA 0 I anew z OWNER: K. SCHULTZ OWNER: K. SCHULTZ •-- _ - gn�ev� (EXISTING ZONING A-1) N w -� - - _ - r- - %t d !T E• �-T�C)C I (EXISTING ZONING A-1) w - _ av 2650.87 N89°08'50"E SPAM � 1 ' 7L47 Rstra,Ti. N r i , ' ,•• I 1 I a cN RRMLL rw I.r 'I I ' I -• \ _ �� ,1 t I r I I w _ •,•x;q^ O SPACE 'I'--- --_--_--- ---- ' I 1 ' '1 1` `\ //� `�• ' - I - .11 ti4RNeft°,J/1' A r __ _ 1JEIH4TION ✓ � laNesser/� �= /tcs/ Ar - I -• 1i+ v \ - 1 �. _ AREA swM / - - RI}v I /� %G DETENTKN AREA 2310.79'N87°2933"E / , 1 DEH411CN NOT TO SCALE AREA X rn -� ` _ 2652.47 N87"2933"E �' %' _ 1 &WAL Z a - -• '� -• �• DEL WEBB COMMUNIITIESEOF FOR: INC. ,'r �- 2250 POINT BOULEVARD, SUITE 401, z' -- _ - m^ 1 /� _• /' �' "`\ _ �-; ELGIN, ILLINOIS 60123 a � --)r I-- -y �� _ (' °• sw I 1 PROJECT CONTACT: MR. MATTHEW CU DNEY CD _ , _ I , _ _ I _ ! -• W PHONE: (847) 841-3583 C4 w �r _ _, _ ) I I CID FAx: (847) 783-0875 ril co -W-174 3NG� CONTAC mF _. V=� 01 PETER J. HUINKER P.E, DIRECTOR OF OFFICE OPERATIONS V _... / r r ` \ \-• _... _- ' -:.. -. G (630)553-7560 r2"- w v /' `�,J r r \. -� .• `_ _ �'J_L` _ A XFFREY R. STANKO, CE-11-PP.O,CCT ENGINEER _ 'I ��...-• _ '� ^ r' _ N (E30)553-7560 w •) _ / \\ ^\ ' :.. O,''m SPACE j /11 I Q-] m DETENTION I r \ _ - �- - f4 /SPACE I I L._ / LAl� L1S SLIbtMA2Y x or AREA !� - {•-I� _- t�"•IL. `,,rrL/O r -` LAND USE ACREAGE I TOTAL ACRES I SWM C _7 r 'r __ __ __ \ N �'r'". /' PREMIER LOTS 31.54 oc tOd CLA59C L TS 65.27 oc. 27» MANOR L075 56.71 oc. 18R AMENITY CENTER 6.35 oc ZR RETENTION h OPEN SPACE 81.48 ac I 265 •Y \L ge . _ -' {/1� 1 - M/°^ _. ., .,.... .. ROADWAY EAEMENT 64.22 oc <'Ox R`4\�•2$ - 'J _ I / _ '\ J� -� i EXTERNAL R.O.W. TO 8£D£DICAT:D 9.63 0c 3- CH " --._7ta�_ �r 6aq�• � _ - - �L _ ,� � / - =—-_-_-� TOTAL GROSS ACRES 374.60 oc. 100x B - _ I_._.I_. C c 881,23 I % _,I I°• /�� _, -, T-r e I_ -r Number of Prern%ar" JS+dMlid 4,1.: 163 ' A41mE.r of•a.esie`rcsidMtiDl bts: 423 ftmb�G—L�ly�32 m./t uioabla Nasty(R-3) s 5.0 N.f D.silty:6.6 r .0p A - ',1',.M -� Single F mdy Prvriv L°f S—wr(153 mts): Min. 7,244 sl.;Max. 14,967 zt.;A—q&8,980 a.1. F l �c \ 4 20 aev�� oEYe1 Crl _ 1 ' Si,?*F=ay aa.ua Lot sammay(423 larsk Mh.5.610 xt.;Max. 11.405 zt.;Awa9.6.722 z/. S�A '\, M _ -• _.�• _—t-= S.9M F 4y l a wi Lat s a a.y(418 i.rs). sin-+.ssz s.7:uax. rzz83 s L:A araq.6647 z/. i ti Qty Dp \- A_wM _ _ _ _ --� , -XS7WG ZONING IS UNITED CITY OF YORKMLE R-2 A'R-3 PROPOSED ZOrm4G IS R+3 P.U.D. •`J \_, _ I r w - 1. COVER SHEET-OVERALL NEW B5\ FA4AI�KS -�.�` OWNER: AURORA BLACKTOP, INC. \.�_ ��'� r 2.-7. PRELIMINARY P.U.D PLAN '� I (EXISTNG ZONING A-1) 8 DETAILS, NOTE'S&SYMBOL LEGEND CHISELED SQUARE ON THE NORTHEAST CORNER OF A � � I{ -\_^ ,,, 9. TYPICAL CROSS SECTIONS HEADWALL OF A BOX CULVERT(RUNS UNDER RTE. 47)ON L__, \__ rl� GRAPHIC SCALE THE EAST SIDE OF RTE 47 AND APPP•OXIMATELY 927 FEET "- - SDU7H£RLY OF THE NCR CORN£P. OF PROaERTY, OWNER: FRANK dt MAYADELL CD ON ID0 ELEVATION 629.50"(NGVD 29) ROBERTSON I (EXISTING ZONING R-2) -4 w e CHISELED SQUARE ON THE NORTHEAST W.V.-WALL OF •'mod � 1 THE BRIDGE ON GALENA ROAD O l£R THE ROB ROY CR£E.K fJ) 00„"°.,r x I \_ -� r r ) r tne1,. 200 n ELEVA77OV 651.47'(NGVD 29)(OBSERVED USING GPS OBSERVATIONS) a GALENA ROAD IMPROVEMENTS?ER \ NE � KENDALL CG INTY STANDARDS 1_ P2ELIMINARY P.U.D. PLAN B✓rDAYE CEN RU AA4EVTY CHVTE72 SITE DATA, DEL WEBS - WEST-IAVEN LOT SIZE: 21.38 t ACRES RIGHT iVAYUNE (n �- - YORKVI'LlE, 111NOIS BUILDING FOOT PRINT.' (25,000 t SO.FT) OWNER: RICHARD & HENRIETTA `��r CALL JULIE 7-800-892-0723 I LOTUNE UNDESSER 12,1`141¢ _8 OVERALL ENGINEERING PLAN ww 1W FDUO..V- NUMBER OF REGULAR PARKING STALLS: 159, (EXISTING ZDNING R-2) 183727 GureYTY ffAfidt ! -- BUILDING SETBACK LNl£ I Ch` T,� � . a1Y-rDxnsrr+'� BRL -1.a NUMBER OF HANDICAP STALLS: 6 --__---___ C 3 ` sc t r/.xc Na/ s6r s TOTAL NUMBER Or STALLS 165 EAS MENT LIVE 2653•$6'N67"33'11"E 4 q�,, REVISIONS DWN BY: INT: DATE: PROJECT N0. 46 mars .s yrr sg TYPICAL PARKING IND7H 9' .Qp,63.W I. J19! D3-23-06 ,AIR 02 23106 060049 11=+�r 4 / ` OWNER: WESTH'JRY VILLAGE 2 DSN BY: INT: HORR_ SCALE: SHEET NO. TYPICAL PARKING LENGTH 18.5' OCEAN ALANTiC 3 JP.S 7-200' ' (EXISTING ZONING R-2&B-3) s 4. CHK BY:I INT: VERT SCALE: 7- 5 KMH N/A ................. ...... ........... __ ...... _ - _.. ...... ...._.... ENGINEERLNG CONSULTANTS, INC war= Torxv= IS PROFEMONAL DES=FIRM 184-000108 5601' ,1 ® ` m7am .� ,,of — .��, .�' �,,,�"►� MUffAll� _- �..; JI'+fv► ..�,-�``..—�.�� --- �� _ � mil' �►/� ��� �, �� : i �`�_ ��ii..,,,,-,. .+� ,' ... _: �``_ 1� \.\ E� �'"'� `� •L,�,�f� ��_ I it II'i g _ .x mimtkv� riA �gIVm1�PG Inlln�im� �urnmnu/lD��. 7v. i- NO 7. ALL SAWTARY SEAER SHALL RE 8'UNLESS 1=114W OTHERMPSE NOTED 2 ALL WATERMAIN SHALL BE 8" nt! fI�� �� ,�N ■ - off_ ..► h bV��1h�8� �i�i0� NpH ��►, uuwn � •I� �� iii YORKVILLE WATER MODEL (BY OThERS) '�.�- sta -- ,s"°.c °r ' F ' fir' 1 PLAN NEIGHBORHOODS NO. 1, Z 3 E DEL -- YOQ<VII I F=. ILLINOIS • �� �� SMITH ENGINEERING CONSULTANTS. INC. _ PRELIMINARY P.U.D. PLAN C1W1,37HDCl LBA1 ENGDiSEES AND 908PLYD88 �,>��_ D YEBB WE .� >�� =.m P..b=Wm r-Q& iLLwD�MOPBSSMAL DES=P7RY.184-000109 COW.fa E: OGOW9-AIL-PLAN-0L,.i PROPOSED ZONING-R-3 P.U.D. ALCr tac r WA" - MER 06000-0-PE - SEE SHEET N0. 5 FOR CONTINUATION A w � I - «•as L If ap — \ J1W YM RttaY.i Ie1D=ARr lIX/fllllfr CO=ELRW N t,t � RlE1[PYOII - gY/IPtMr `111 ' /� ABEPoHD.rlpL! �nsean `\,,:,cx ,,.f``I �•_ cores ; sw eou' ■ -«sao� tw" 1 ;srv.uss ex= L. ° In?n ne.aleosruar La1 ..-- •. I ,� s�or I'm ,. SITE LOCATION MAP if r DTW 7 ,1 �wrw. i ors I' :cln t=M W!_._ �•= _"' (Try t t l w a6 .' Lam• i { sw r eu 1°°'® ':V i 1 we.uss r- t .v ssun L.. �is■ mPj j rw «w xv wr _ tJ u^rw :i= r -- � =rr• J(1.r a 4 2 3 ewer i�/ s[ r;;rfs��'!T:1��_r• �-u.�xz.� ,.'-]y , `... .r.tY, sns— iel w r NOTES GRAPHIC SCALE . 4, 1. ALL SANITARY SEKR SMALL BE S'UNLESS I `� / ' Wr. s' - 1 ' ° -Nss a: swrr,w.• _ m ,. OTrlERWISE NOTED. m o m us 2 ALL WATERMAIN SNAIL BE 8"UNLESS - OTITER:NSE NOTED-PENDING LOWED CITY OF ^ j 4="°•'�sy'r t IN n= YCRKNLLE WATER MOD2(BY OTHERS). !n l I I..h-100 R SEE SHEET NO. 2 FOR CONTINUATION PREUM INARY P.U.D. PLAN CENTERUN£ NEIGHBORHOOD NO. 4 DEL WEBB - WESTF AVEN BOUNDARY LINE { Y02KVILLE, ILLINOIS —— RIGHT OF WAY LINE LOT UNE REVISIONS DWN BY: INT. DATE: PRDJECT N0. BUILDING SETBACK LINE OJ 1. 1llR -13-08 .M1 49 2 DSN BY: INT: HOR2 SCALE: SHEET NO. EASEMENT UK: J?S 1°-?OD' s. CHK BY: NT' VERT SCALE: 3 KMH N A ........... _ _ ______.. __..____ .. ____ ____._._ ___-_ ____.___ SMTrR ENGINEERING- CONSULTANTS, 1 • ' • ' ' - - - �►��nnunn/►�� ®UIIunIgU� ��NIn1InlUllinlllll► ant«Ilmnllnr/��is`�,II+�J�— ��1����I� _ _ - a — a ��I nlnr _�is - • -• • • f���_lnlr �llllnl �� 1!1■ `������"?......... %� S III j�rf X111 e �iM IIIIIIIt' J= Muni -fill AN Vown��= � rnq�►�`/`ml lunj/��� i��Gumnu_�_ • ,,. .� *'s�� ,� p �e1N YAP RES m,ami-mamom IL r� sir■��� ji NO D. 'AJN SHALL BE 8"UNLESS q AdODEL(BY OTHERS). ^7 _ _ e -- � - . -- y y WESTHAVEN BLVD. DEL YOQKVILLE, ILLINOIS - i PRELIMINARY RUM.��tl Pii� SMITH ENGINEERING CONSULTANTS, IN C. -- ,..! CIVIL/Sf13UC1'OR6L SNOL4B8@S AND SURVEYORS 960 10191 ft9dT . ,.. RsaoT��YOIO�mD�500-96TH ' DEL WEBB YESTH"EN .� O ..1Ya9@[ .aw>Axr .99a\9ar,E . II7.WD6 pBOF4931DNAt DE9IQi FDW, L8-000106 COMP. E 0619048-PFC-P1AN-020,m PROPOSED ZONING^R^3 RUM. PLOrME:Sr WARD - !$1r.osmo-95-PE" N S abate � AM ,Yrr,m,r� _ -- � - \ 1 � I i.ir+ , ,i t V . \ c C9� (! b V 'V ,; ~i i -- / '� la`...^• , .,� � l,4 6aµr !a � i �Oru "!� — I� ,ra W rta9!t. i Lc•,u au++ 9.�' _ it f . - - - lrE(MJ \ � / olb .Ct t• �� !0 t^ Iw.NYB _ • --_ -. 1 I� lnn,x .1 �- ,...6 .� .\ W ftlb:�. j �sJ•i 't' LoF Szi l 1 nl% �LG'�a, i I a � y L^'e /. ) fr. . {, ��J , I .-._ •� ..„ s a_ .a'r„6 c0',,i _�: -- � w tr >` � \...0 F- ` ��`t. / �#� -- ---�~�-- p� _� I� �w.�a� li ,- - i �' Lm.3 �+ at- Wst� 9•,m } �+�� w:tlRio� a"�� � �f+ ` ' ,ui.aii.rs:� rLC:i - .C+ .� '.crz �:L w_-�i _ .� _ �•d. ( _w,Gr�s r! i �� 1 � - - _ i( I—����_??��99_ .a<ir. :� w�— laTre+ i' SPACE _ ..1' ___ Y �� l.. ,/ L •tom t� t �r5 �t�S car,x ; a t .� x,� .t •� ,a:��1 w � r 1f V — � �e•6 i I � t LCS(, -q ccsoEwx p _ �`� (r9n/ r'"sc®sr11r Lm is i _ snac9i¢(nvl I "`^ i: ! 1 I _ u SEE SHEET NO. 4 FOR CONTINUATION ff7R (r,v) / ` iv a ��.. !j 10 • '( ' I��11Wi1. ♦ '^ �”` S• w n ` L.� .r � ��\\'.'J `� .rr_ t_ ,.u-ri 1{ 1,� �1➢c {•F' aaua a am SITE LOCATION MAP SEE SHEET NO 3 FOR CONTINUATION f j I NOTES GRAPHIC SCALE 1. ALL SANITARY SEWER SHALL BE 8`UNLESS OLHERNS'E NOTED. • ) - u m 2 ALL WAT-IWAW SHALL BE 8`UNLESS OTH RWSE NOTED-P£NOMG UNITcD CITY OF (Df PBEI'I YORKVILLE WATER I40DEL(BY OTHERS). +� /�( 1 13.100 IL PRELIMINARY P.U.D. PLAN NEIGHBORHOODS NO. 6, E 9 - Lc'Tl TERLINE 1 �. BOUNDARY LINE ~J t 2; DEL WEBB - WESTHAVEN —— RIGHT OF WAY LINE C C3 YOR"l IF, ILLINOIS LOT LINE i{.,z REVISONS DWN BY: INT: DATE: PRO.ECT NO. Af BUILDING SETBACK LINE 1.. t 03-25-196 ✓MR 02123106 080049 — —— —— EASFIAENT UNE L DSN 8Y; WT: HORR Q SCALE: SHEET N .N25 1`0100" 1. CHK BY: MT: VERT SCALe S S, KNH N/A SMITH ENGINEERING CONSULTANTS,.. in jam m?m • - • -• . • _ -- �rrrrr�rw �r .1 —+��rww �.vrr - = PAP, _ — WE _ lilii► � _ �M1 � i I I� { � EMIRS�. ��- - - wr _.5 ��r � .s.�►/<�►,�un ll m�lm>_�l�4 i _ If Fq- P12EUMINAPY P.U.D. PLAN JIM.- NEIGHBORI-K)ODS NO. fl, 12 E all I EAST - WEST COLLECTOR ROAD SOLMARY LINE . a LOT UNE �� © � r SbMH ENGINEERLNG CONSULTANTS. INC. MYM/STRUM'URAL INGMEZUS AM SURVEYORS pa - -. -. - - ■ .oss0 fl♦1lF�,-y WON d 1 2M FFFFF r , R '• \ ate, . ✓.. Sri;��' `" 3 g�_� Ik M'f__ fir'` — .iic. •�^� i'a 6 G­_e Z' - • • „_ ZEN f � no p�ulmul�i �IIIIInINIIp� _ Nv�li• PIS _1j11��- •�-�`�� �� �unnanmm�xlG'► ���►n�mwlar/j�i\�ti!�,?=�= �;���!�� '``��- a�!ii � � tom...-..c c�� � �����w 1. ALL SANITARY SEWR SHALL BE 5"UNLESS �• �� 0 ^v..l r �� f • 2. ALL WA ITRMAINSILiALL BE 8'UNLESS —_ m k zpa�w° i +�J��Ai►I�--lln�l�lj �RQ���I�I`y✓�,l Vl1l-11l 11In1InlI I1ii1ii 11�1/�J,�- Linoll PRELIMINARY _ - _ s•P •• •WWI Mill E 13 �11 lulu DEL VVEBB RIGHT Or WAY U14E YORKVILLE, ILLINOIS BUILDING LOT VNE ©IM UM SMITH,ErNdmG�uIr c ..:.ammsr.CONSULTANTS,LTANTS , INC. avn/srUn%41 B"numm am BpxSraas PRELIMI NARY p V D. PLAN DEL WEBB WESTH"E ` arros POP3ONAL D370MN FY f f 1 1a4-0013103 ; .. PROPOSED ZONINoawr.®rE mmo-DELUp G:-R 3 P.U.D. PLDT11ES1ANOARO um. Osw4s-a-m LIST OF ROADWAY VARIANCES PROPOSED DEL KEW STANDARD - YORKVILLE CITY STANDARD - MANOR AREA . 46'ROADWAY EASEMENT 6s'Raw STANDARD AE19*EVIATIONS 4'SIDEWALK MOTH 5'SIDEWALK WIDTH 3'PARKWAY WIDTH 8-PARKWAY WIDTH B-B-BACK TO BACK OF CURB MOUNTABLE CURB d GUTTER TYPE M3.12 BARRIER CURB&GUTTER TYPE 66.12 B.G. -BACK OF CURB SINGLE-FANCY (MANOR LOTS) 44'B.O.C. RADIUS EYEBROWS ONLY 50'B.O.0 RADIUS CUL-DE-SAC B.O.C. -BACK OF CURB B.SL -BUILDING SETBACK LINE T rac`�ni CLI DE-SAC DETAL SETBACK AND EA�JT DETAIL CB. -STORM CATCH BASN SINCi.E FAMILY AREA: C.E. - COMMONWEALTH EDISON CO. EASEMENT DIMENSIONS ARE I'MICAL UNLESS OTHERWISE INDICATED ALL LOTS SHALL PAVE 1DO .FOOT 60'I DWALK EASEMENT 56'UEHA D.E -DRAINAGE EASEMENT (SEE PLAT FAR EASEMENT/SE78ACK DIMENSIONS) PPONT 10.0 FOOT REAR AAV 5 FOOT 4'SIDEWALK WIDTH S'SIDEWALK WIDTH F- E:aP EDGE T OF PAVEMENT PAVEMENT S� UTZJTr 8 DRANfA E EASES 44'B.00. RADIUS EYEBROWS ONLY 50'8.0.0 RADIUS CUL-D_ SAC _ E.D.S. -£Dl';F OF SHOULDER PROPER ry GIVLESS OTPf5?W15E IOTHJ - - E.P. -EDGE OF PAVEMENT E.S. -EDGE OF SHOULDER 1.EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERwsE INDICATED LANY�SCAPdVG NOTES r t FES -FLARED END SEC77ON 1.8.T. - ILLINOIS BELL TELEPHONE CO. - `.• lRa3"(TYP) Z WHERE CITY STORM SEWERS SANITARY SEWERS OR WATER 7. SLOPE OF THE PROPOSED DETENTION PONDS AND SWALS L.E. -LANDSCAPE EASEMENT 3 q A50'60C MAINS ARE RUN ALONG SIDE LOT LINES A MINIMUM 20 FOOT WIDE SFTALL B£S£ID£D WITH AN IDOT CLASS 3 SLOPE M7XT'JRE - M.H. -MANHOLE(TYPE.SPECIFIED ON PLANS) (Typ) (70 FEET EACH SIDE)PVBUC UTILITY AND ORANAGE EASEMENT - - - P SHALL BE PROVIDED.. 2. BOTTOM OF THE PROPOSED DETENTION PONDS AND SHALES UTJLITY NOTES' RC.W -ROAD CONS7RUC770N d MAINTENANCE EASEMENT tr SHALL.BE SEEDED W]TH AN IDOT CLASS 59 W EILAND FORB - R O.W. - ADWT OF AWAY � o 10'D.&ILE. - R E . ROADWAY EASEMENT MIXTURE 1.)PROPOSED WATER MAIN SIZING TO - SR.L -SEPTIC RESTRICTION LINE 70'D.&U.E BE PROVIDED BY ENGINEERING T.B.F. - TRENCH BACK FILL - - _ - 3. PARKWAY TREES SHALL BE SPACED AT A DISTANCE NO ENTERPRISM INC ONCE - T.C. - TOP OF CURB .. 20'REAR GREATER THAN 50 FEET. MODELING OF WATER SYSTEM IS TCE - TEMPORARY CONS7RUCTION EASEMENT -RJO _ 10� -- FINALIZED. T.O.B..-.TOP OF BERM _ SETBACK 4. TREES.SHALL NAVE A MINIMUM SPACING OF 20 FEET FROM T.O.C - TOP OF CURB LOVE NOT TO SCALE A&U.E. I : i. I LIGHT POLES TRAFFIC SGNS FIRE HYDRANTS AND ANY 2)PROPOSED SANITARY SEWER - IU.E. -UTILITY EASFUENT -SETBACK 70'MIN.SIDE 07WR SUCH ITEMS THAT MAY REQUIRE 9.M2AR INTERVALS. ROUTING TO BE FINALIZED N7N SN- STRUCTURAL NUMBER SETBACK - YORKVILI£BRISTOL SANITARY FG-FINISHED GRADE JUNE(TOTAL) i S. ONLY APPROVED SHADE TREES MAY BE USED AS PARKWAY DISTRICT AND 7H£CITY OF - TOP LF FOUNDATION . 5 I MpOW Mm,v LINE(TOTAL) TREES : `-.. YORKVILLE. S.W.U. -STORM WATER MANAGEMENT D.&U.E .Home Home �'•--TO'D.&U.E 3'SIDE SETBACK -7. 5'D.&U.£. i 1[[l . //.1 . i r0'D.&U.E SINGLE-FAMILY - °-R'-r D" I- SETBACX AND EASEMENT DETAIL - _ SYMBOL LEGEND zo-FRONr -t EXISTAVG PROr OSCD qLK ALL LOTS SHALL NAVE 100 FOOT LOCAL RESIDENTIAL S7REET LIGHTING DETA2 LINE FRONT, 10,0 FOOT REAR AAD 5 FOOT NOT TO SCALE - SANITARY MANHOLE ® OO PROPERTY O STREET c�� NL� fJRAB`IAGE EASEA NTS, STORM MANHOLE - 0 O �i LINE -- - W NOT TO SCALE NO LAWLESS OTLLE W/SE NOTED PHOTO-ELECTRIC CON IROL CATCH BASIN 3ASINIINLET O • 1. EASEMENT DIMENSIONS ARE TYPICAL UNLESS 0THL RW1S£INDICATED YORK 12077 FLARED END SECTION D ► SINGLE-LE 2. WHERE CITY STORM SEWERS SANITARY SEWERS OR WATER DRY WELL MAINS ARE RUN ALONG SIDE LOT LINES A MINIMUM 20 FOOT WIDE - VALVE VAULT e B TYPCIAL LOT DRAINAGE DETAIL (10 FEET EACH SIDE)PUBLIC UTILITY AND DRAINAGE EASEMENT (CROWN LOT) SHALL BE PROVIDED. BRACKET SPREAD _ FIRE HYDRANT V T LIGHT FOE£ EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE_INDICATED I rf0-D.&U.£. 10'- - (SEE PLAT FOR EASEMENT/SETBACK DIMENSIONS) L D-&USES STREET SIGN + T -WHERE REGULATORY SIGN - ALONG SIDE STORM SEWERS SANITARY SEWERS OR WATER HAWS ARE.RUN LUMINAIRES: GENERAL ELECTRIC ALONG SIO£LOT LIMES A MIN 20'WIDE D.&U.£SHALL BE PROVIDED 70' � � -� �� - CGMPANY NO. M2RR1SS1N2AMS7F UTILITY POLE ° - - UNLESS 07HERWISE NOTED.- G.d'U.£. 20'REAR OR APPROVED EQUAL WSTIR A 7-f" PROPOSED REAR YARD 570P.M I LINE' SIDE MOUNT BUILT IN BALLAST. UOLI rY BOX SEWER WITH SUMP CONNECTION 70'D.&U.E I 5'D.&USES COMPANY vY IH GENERAL ELECTRIC MAILBOX G F511AI'l MN SIDE BRACKET F POLENN IS ON CDAfPANY 1ULALOX'MGN WELL CORNER POLE NOT PLATS PRESSURE SODIUM LAMPS£( TAL)' LU'5015510D, OR APPROVED SANITARY SEVER -D-- ► 5'D.&U.f.--:9 f= - - - (-~- I 5'B.SL I MAX SPACING=30G' SEC. 'S55T HIOi PRESSURE ANSI STORM SEWER -�-- -�- 10'D.&U.E 5'D.&U.E. i NOMINAL POLE D1A - 7 7/2' SODIIAL - I CULVERT [_ -=-] 0 10'D.&U.E. AMERICAN DAVIT ARM WATER MAIN � TYPE X OR IV 1, £, S CENTERCON MO-AD-5 WATER MAW ENCASEMENT >+a- 5'G.&USES -J 20'FRONT - - O INTERSECTIONS OR AP ICRET EQUAL & 78ACX 3 W TYPE 107HERW�SF I SANITARY FORCE MAIN 10'D.&USE (I _ & VARIES LINE W i STORM UNDER DRAIN VARIES (� ( 10'D.&U.E PROPERTY O C STR�; ELECTRIC LINE -E- �y _LlN£ -- R :� - - STREET LIGHTS REQUIRE t1 - - -NOT�SCALE 1NSPFC7ION BY THE CITY AMERICAN ELECTRIC TELEPHONE LINE -T- - OF YORKVILLE PRIOR TO NO 906-819-AD4 AMLMCAN �- TURN ON CONCRETE POLE OR APPROVED ( GAS LINE 3 EQUAL J9.-9. CABLE TV LINE -c- c� STREET NOTE (TYR)i TREE LINE � •-` PROPERTY LINE NOT TO SCALE 7. SITE LIGHTING SHALL BE PER CITY OF YORKVILLE ORDINANCE OR I TREE { APPROVED AL 7ERNA7E '� 2 SITE SIGNAGE SHALL BE PER CITY OF YORKIILL£ORDINANCE OR CONTOURS GENERAL NOTESt i APPROVED ALTERNATE I FENCE X- 3. ALL IMPROVEMENTS SHALL BE PER CITY OF YORKVILLE STONE RIP RAP 1. THIS PROPERTY 1S PROPOSED TO gF WPTHIN THE CORPORAL LIMITS OF THE ORDINANCE UNLESS VARIANT 1S REQUESTED OR INCLUDED BOSON CONTROL FENCE - UNITED CITY OF YORKVILLE IN P.U.D. � 3'-O. (QUANTITY SPECIFIED r. 2 THE ST.-SHALL BE SERVICED WITH MUNICIPAL SEWER AND WATER. 4. THE DEVELOPER SHALL BE RESPONSIBLE FOR THE 2'-D' ON PLANS) INTERCONNECT OF THE WATER MAIN NTH THE Ar- X S- I 'MIN DRAINAGE-ARROW J. DETEN77CN BASINS APSE TO BE MAINTAINED BY SUBDIVISION ASSOCIATION. WATER MAIN PROPOSED WITH THE WESTBURY VILLAGE DEVELOPMENT j �`•� � 4.ALL SEDIMENTATION AND EROSION CONTROL R£CULA DONS SHALL P.£ADHERED TO ON THE SOUTH SIDE OF GALENA ROAD, 100 YEAR 0'c✓-'it SOW ROUTE PER CITY OF YORK"ALLE REQUIREMENTS - 5. THE SIZING AND PROFILES OF SANITARY SEWER, STORM F!NISr1ED GRADE SEWER AND WATER MAIN SHALL BE DETERMINED DURING A NO DIMENSIONS SHALL BE ASSUMED BY SCALING THE FINAL PLAN STAGES � � _°,-`r�_ .� _ PRELIMINARY P.U.D. PLAN S.EASEMENTS W1L BE PROVIDED ON OPEN SPACE LOTS FOR DRAINAGE AND U;PJTIES. 6. MINIMUM TOP OF FOUNDATION ELEVATION SHALL 8E I D3 WEBB - WESTHAVEN ESTABLISHED BASED ON MAINTAINING A MINIMUM DRIVEWAY 7. GALENA ROAD IMPROVEMENTS STALL BE PER KENDALL COUNTY REQUIREMENTS ROPE OF 2.G9.MAXIMUM TOP OF FOUNDATION ELEVATION �'��/II I F� ILLINOIS I SHALL BE ESTABLISHED BASED ON MAINTAINING A MAXIMUM �i 2 ( � FINISHED GRADE 8. ROADWAY CEOME RICS AND STRIPING TO BE PROVIDED AT FINAL ENGNEERING. DRIVEWAY SLOPE OF 5.0R N 3 9. PARK SITES WILL BE DEVELOPED TO THE Cl"PARK AND DEVELOPMENT �7. AlU. EXISTING REID 77LES SHALL BE CONNECTED � � �: I DETAILS, NOTES E SYMBOL LEGEND STANDARDS PROPOSED STORM SEWERS TO MAINTAIN£VSTWG DRAINAGE PATTERNS 'i CRUSHED CA-5 LIMESTONE BACK REV15KW15 I DMM 9Y: INT: DATE: PROJECT NO. ]O. COMMERCIAL AREA NOT INCLUDED IN P.U.D. & WETLAND STUDY TO BE REVYERED BY C17Y PRIOR TO FINAL FILL 7. .NR a3-23-0 JCS 02 23106 060049 ENGINEERING WATERED d COMPACTED AROUND 2. DSN BY. IHOMZ SCALE: SHEET NO. THE BUTT OF THE POLE s PJH NONE LIGHT A CHK BY: INT: VERT SCALE: 8 5 PM NfA ' SMITH ENGINEERING CONSULTANTS, INC. PRELIMINARY RUM. PLAN CIVB./SnLUCfV%L SNGINBERS 6ND SUR9ES0B8 AWE WWW DELI �Y B: .. ESTHAY ICI > >� ew4o7s PBOEassloNU DhrsrcN ruoi/ 164-0000s caw..NLL'040710-OET_Mg PROPOSED ZONING^R^3 P.U.D. PLOT FILE.STANDARD tWW TYPICAL STREET CROSS SECTION - LOCAL ROADS - SINGLE FAMILY TYPICAL STREET CROSS SECTION - MAN ENTIRANCES �I OAS 1 r DEL WESB BOULEVARD r rnP INT 20OC 2.00,T i awAwo"� aweWWQ 2005 2005 2005 T.09X I (Ii) 0 2 3 4 P 5 6 6 (M7t'PV 1 7 "xr�`) yc.P.r--0 I i atw� t lJ 9 7 sera-� P.CC SIDEWALK-5'NIN 2' AGGREGATE SUBBASE - (6.7HRIJ DRIVE 7RVI 5'AGOW"IE SUBBASE) Q III-aBI L10WL7HE7E BINDER COURSE Q 1,MG7UIPE B O TY•PE1 5 8-AGGREGATE ATE 9 SE�SE (CA--61 O 4-7/2•BI7N/KYOI/S cCW^.1tEJE edNDER COURSE CL r.M1X7iRtF e O2 CL7MBwARON CGILRE7E CURB d Gran?,TYPE 8-8.12 © 1.5'BITLNIRIOUS CONCRETE SLN�ACE CO'.RSE CL 1,MIXTURE C SN^7.Sd ^ 91-0.60 O COMBMAmw CONCR£7E CURB d Gunn r&r 8-6.72 © 1.5'BINIANOUS CONCRETE SURFACE COURSE CL 1,MWUR_C V 70'AL:RECA If BASE COURSE CA-6 CRUSHED STONE TYPE B OT 35'AC[REOATE BASE COURSE 04-6 CRUSHED SIGN& TYPE B SN-060 OR APPROVED EQUAL,SN-7.30 OR APPROVED EQUAL i O3 12'AGGREGATE BASE COURSE CA-6 aws4rD STONE TYPE 8 0 7.5'AGCRECA IF BASE COURSE CA-6 CRUSHED STONE TYPE B LW APPROVED EQUAL.SN. 7.56 OR A'"WWO EQUAL AO Q25 L:AL./S r BfNMW0i15 YA7ERIAL PRIME COAT(MIND O AMOCO 4557 JOINT GEOTEXME SEAL FABRIC M EQUAL UR m.) O O25 CAL/&Y.WFUMWGUS MATERIAL PRIM£COAT(MN.) O AMOCO 4557 0£OTEXBLE FABRIC OR EQUAL(5O VD.) - OB 7107 POURED JOINT SEALER AT PAVEMENT-CURB JOINT TOTAL SN-2.78 NOTE' T/t-CL+0.06' TA -374 - .9 NOT POURED JOINT SEALER AT PAVEMENT-CURB JOINT TYPICAL STREET CROSS SECTION - LOCAL ROADS - MANOR TYPICAL STREET CROSS SECTION WESTF IAVEIV BOULEVARD ro anvwa ' � tY JO'B-e r �+ - f r(+T•J e r rn 125' s' , f f r[OPJ f rII'�.� W 1 = T 2.005 2005 200; ... iM ... - M _ 1� 6 LIAM 4 � 2 3 0 5 8 8 ��, 1 , I � W t B 2 3 4 5 � B i © AMOCO 4551 CEOTEX77LE FABRIC OR EQUAL(SO VD.) 2•BITUMINOUS CONCRETE SURFACE CIX6t$MIXTURE L;LL I I © M 3.71 CURB d DUTBR OO TYPE J-W7H 8"ACU"EGA7E BASE COURSE TYPE B(CA-6) OD 94 I.ATUAIAIOUS CONCRETE BLVO£R COURSE CL 7.MIX B © 10-AGCRErAIE BA SE CURSE CA-6 CRUSHED STOI$ TYPE 8 ©P.CC SDEWALX-5"MIN T' AGGREGA T.SUBBASE OR APPROVED EQUAL SN-7.30 (6'DIRU DRIVE NTH 5•AG RECATE SUBBASE) O cON87NAnw camam CURB d OIR7m TYPE 8-6.72 O6 1.5'B17UMNOUS CONCRETE SURFACT CURSE a 1,WXTUR£C ! Q 2-112'BITUMINOUS CONCRETE RAIDER LYXURSE cL 7.WXRRRE B Q J5•AGGREGATE BASE COURSE CA-6 CRUSHED STONE TYPE B SN-aso 'D OR APPROVED EQUAL 0 12'ACCREC47E BASE COURSE CA-6 CRUSHED STONE TYPE B O7 75'AGORECA7E BASE COURSE CA-5 CRUSHED S70NE r&f B OR APPROVED EQUAL,SV-7.56 OR APPROVED£DUAL s 1.5'BITummus camcRE7E SURFACE COURSE a 1.MIXTURE C - OB 0.25 CAL./S Y.WTUMlNOUS MAJc'RIAL PRNHE COAT(MEN) SN-0.60 0.25 GALS Y.817UNWOUS MAWMAL PRIME COAT(MML) © AMOCO 4551 GEOMIMLE FABRIC OR EQUAL(SO Y0.) mTAi SN=2.78 O HOT POURED,.GOUT SEALER A7 PAV£YEHT-CURB JOINT NOTE• T/t:a+006' I TOTAL SN=174 9 HOT P(WIR£(1 JOINT STALER AT PAVEMENT-CURB JOINT TYPICAL S772-T CROSS SECTION - GALENA ROAD IA4DROVENENTS TYPICAL STRUT CROSS SECTION NOT TO SCALE E-W COLLECTOR ROAD PROP. EXIST. ^ALENA EXIST. roanswArz al �� R.O.W. R.QW. ROAD R.O.W. a.n raaz a ro°n I r'IwJ f � ¢ I 60' 6C IIII 40' 40 j x nun ZOCS 2005 I EDGE STONE *24.0'I 4YJS77NO EDGE STRIPE I I I` I t rKiu VuW--.-0 2 3 Ia. 8 LT�J g 6.0' 72.0' 1 O' ; 12.0' j 6.0' 4:7 NAX 4:1 MAX VARIES I VARES 6. C. U DRI$f WI 5'AG AG 7E S B SUBBASE S 7 MAX 20' I 2.D' .1 MAXI OO (6"THRU 7M/YE NTH 5•ACGREGaB SJQU,ISEJ O SN r/27.5,TUWNOiUS CONCRETE BIN L2 DER COURSE ..1,WX7LRE B I.0"MIN.I_�_ I I O COM87NA77ON CONCREf£CURB d CUTTER TYPE B-6.12 © 1.3-BITEAMINIXUS CONCRETE SURFACE COURSE,:I,MIXTURE C 1 J SN-D 60 r 1.D'MW. { 1 O 12'AGGREGATE BASE CCJR. CA-6 OTU51E0 STONE,TYPE 8 7O 75'AGGREGATE BASE COURSE CA-6 CRUSHED STONE TYPE B ''ARIES "U� _ == ..��,_` OR AF•PRCVED EQUAL SN- 7.56 aR APPROI£D EQUAL I J i^- ._ __L__ - - - O OZS CAL/S Y.B17UMNdJS MATERIAL PRIME GOAT(MSY.) O AMOCO 4551 CEC,�..XDLE FABRIC OR EOJAL(SO YO) NOfe TIC-fz+c.DS' I TOTAL SN-174 9 HOT POURED JONT SEALEP.AT PA.VEMEHT-CW6.xX'NT v � : � .(J� b . "Four(4)off-street paridng spaces will be provided with each single family lot Each unit will include two(2)garage stalls and two(2) spaces in the drivatnray. (D PROPOSED 1-1/Y WTVARA.DUS CONCH SURFACE CCLV?s OVERLAY A"TLAE D a_S L TYPE 2 cO K SAW J OR t0 SSA�£fiCE CLFO%VECRNT SD T 7 ,4P ST AW l.'J (OYET6Ar m£X1081 01fR EN701F M�'m. IC SEC7KYH) OF TW KE10A1L COAHm WGIWAY Dc-ARWW O PROPOSED 4-WTWMOUS CONOHETE MEER CURSE WXAAE D 0-455 L rYPE 1 O PROPOSED J 14"(MGMU[ SYM ZMAMAESS):FVELI7D WNO£R CURSE (MAOWE ME11S WEN E qS`M PAt£MEI7 m CORRECT ANY VARLI BONS OR O PROPOSED!z"AORECA7E BASE COURSE Ml.^QI756IENCIES�7)E EMS7AW PAVEMENT) PRQ..IMlNARY P.U.D. PLAN (OVERLAY m EMW DWA LNARE WDVJM.TCR07U g� ,5� 7 DEL ^WJEi/B�B 1-C 1N1!E,S7�TUH�AVEN O G PRO°�W NAM MAW11aLE &7 4 ISS PI SQ W O MOW AN'PLACE 7OPSOIL r SUMV CLASS IA.010S7oH=NTRU 6LA ET(S-75) - Y O VF!�V II1L-. ILLINOIS (�� Sr:a r�CVW CRACK OM MM MM�A t24 W X) TYPICAL SECTIONS PRO-030 8'AGCRECAB S110N�C4 'WC B CA-6(CRUSifFDI LJ N07E.• CROSS SECTION AND CONSMUCDON✓6=-LVJWOWENTS SHAL BE AS RENEWED AND PER8077E0 BY THE KENDAL CCALN7)'EMbNEER P"SIONS OWN BY: INT: DATE, PROJECT NO. I. .MR, 03-23-05 JCS 02123 060049 z. DSN BY: INT: HORIZ SCALE: SHEET NO 3. { A '., t CHK BY: INT: VERT SCALE: 9 5. PJH N/A Age Restricted Residential Parcel EXHIBIT H-1 FEES PER UNIT A paid receipt from the School District Office,602-A Center Parkway Yorkville,must be presented to the City prior to issuance of permit see note"d"below $0 Separate Yorkville-Bristol Sanitary District fee—made payable to Y.B.S.D. $1,400 United City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650+$0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+Bed Att $2,280 3. Water Meter Cost Detached Units $250 Attached Units $325 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works see note"c"below $300 Police $300 Building $150 Library $500 Parks&Recreation $50 Engineering $100 Bristol-Kendall Fire $1,000 Development Fees Total $2,400 8. Land Cash Fees see note Apartment Townhome Age Restricted Age Restricted "a"below Duplex Single Family Park N/A N/A $1,440 $1,440 School N/A N/A N/A N/A Land-Cash Fees Total $0.00 $0.00 $1,440.00 $1,440.00 9. Road Contribution see note"h"below $2,000 10. County Road Fee see note "h"below $1,000 11. Weather Warning Siren Fee see note"b"below $75/acre 12. Rob Roy Creek Flood Study see note "g"below $22,200 Note: PUD agreement specifies that these fees are to be discounted a. For upfront land-cash donations figures,please refer to"Land-Cash"worksheet b. $75 per acre due at final plat c, $400($243,000)of PW fee is being taken out due to the private roads within the development d. Separate agreement between School District and Owner/Developer e. 50%of Library Fee($250/unit)to be paid at final plat f. 50%of Bristol-Kendall Fire Fee($500/unit)to be paid at final plat g. To be paid at final plat h. Subject to credits per Sections 7.13 and 7.0 of Agreement. /343580.v 1 08003/381 10/11/2006 4:00 PM Conventional Residential Parcel EXHIBIT H-2 FEES PER UNIT A paid receipt from the School District Office,602-A Center Parkway Yorkville,must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee—made payable to Y.B.S.D. $1,400 United City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650+$0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+Bed Att N/A 3. Water Meter Cost Detached Units $250 Attached Units N/A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library see note"b"below $500 Parks&Recreation $50 Engineering $100 Bristol-Kendall Fire see note "c"below $1,000 Development Fees Total $2,800 8. Land Cash Fees Apartment Townhome Duplex Age Restricted Single Family Park N/A N/A N/A $2,174 School N/A N/A N/A 4 780 Land-Cash Fees Total $0.00 $0.00 $1,440.00 $6,954.04 9. Road Contribution see note "d"below $2,000 10. County Road Fee see note"d" below $1,000 11. Weather Warning Siren Fee see note"a"below $75/acre Note: PUD agreement specifies that these fees are to be discounted a. $75 per acre due at final plat b. 50%of Library Fee($250/unit)to be paid at final plat c. 50%of Bristol-Kendall Fire Fee($500/unit)to be paid at final plat d. Subject to credits per Sections 73 and 7.0 of the Agreement /343590.v 1 08003/381 10/11/2006 4:26 PM 56 . 4 i� IL t00 it - , 6 3aa4S 01 IISIHX3 EXHIBIT K-1 Sheet 2 vse i Ldr q � L� • OV �I .. s TOt ' EXHIBIT N cf '-'2''-r Q" aDADwaY GDNNEcrloNs x�y.; �` ' "'" ` e 6 LANDSCAPE SUFFER E J E �1,77,-.' p*�. lli '~l,, 74 4 T PRIMARYENTRANCE FDR �`; pgOVDED,TOALtON WITH THE i' p` rc I� r z M { '� � � 'f A CONVENTIONAL NEIISHNORHOOD -.: .. =ADJACENT APPROVED PLAT f romc 1 X,:», •3 �- to .c E `3l�" ,,, : F'1' 's., : BASELIIE ROAD -- . .. _ iS it - ,. � �� --, •,. �"'. �, vae-�saysmo.x.r��srsl s ;•w�R � - �r "7q" �'"t xi t /, ye 4 ,:,,„:„L„,-,---------. �---„,...,.., ._,a. - '- LA-PdS re am. p ''T o.M p� i r 3 t, (',d'4}�t fie'7,f , �. - a I j 1 I:74 • a' -11v` .y�q �■ t ”} ';',4:-..;i/14 W _ �_. I `NI t kw�a,edypoob � �t fit 'IMS � � `� �`,5-!'1„,,,1! ,r- ��t T , „x fi e yI srI . i el'A. h I.�y""j`9iF a AI r f r '3';',,,,-;---1.'"-4-,-",,,KI 7.. '`'er �+..,t a ' i® � �� c 1 _.1""-I t � d q � c 1 t t,.�. r .,� I �!I '1 1 coer.• - s 01IA 11 IL. ?"'f . '„UE Lr i, ,.q'1 t'F — rr41, �s� >r. �� y }•+� a' PROVIDE LANDSCAPE BUFFER', _ �- rdsa+N C 1� 5 — ' I�'` tY - milli �a -,,,1 I r�", FM ALONG POWERLINEB tr, I .i- 1 �� ' : le ■ ' c 4 i,d , s #ADJACENT TO EXISTING POWERLINES I 4.1,,A.:,-,V''''' ` ' r� 2..'''''''');...1:-.‘;,< 1n �� � '".� � �,� dl .. e ��� �Hyl MANOR PRODUCT LOCATED ���-: -(---7----i711,i , /"�� � �� x_rs • - VICINITY C9EW,1�CROSS 1AIS� .� �rr-atil � 7� i� �� � 4 i F�g � .�.T ., r,� r��ii�' ,1:7,,,,, ... I ' FROM•1.�711N,ROAD - a d 0 �iwMI r O [[ $ MAP ov,t�,��.>• ,• N I #f Eft '_a"'� -:, ..,� �� ` ' OWERHEAO POWERLINE9 1 i. � �' _ , e �tw t��A�1��4� .�vr1111��1�NNr►'�� • 77 iigg D IAMATIC VIEWS AT TERMmUS ;ie.' )�, _ ',. no AC. �,,,,, ,�{°'t-r i! ' OF ENTRY DRrvE 4#6�1Tsi411#ii1PE11FR "".: IINIIIIIIIIII wwn r, a - M ., 'le. ��►�'�' e4'"M" �.m � __ - _ I lc MANOR PRODUCT.LOCATED { "50 LANDSCAPE BLIPPED mr AR. '",,,t,.,''',_ a AC.`. �' '•a vp ""an. I :ADJACENT'TO COMMERCIAL " , itANal e,v E t. - wealca a ,fir 1 `'� DEVELOPMENT as-+te n ter. , • 17' BEGONOARY COMMUNRY ENTRY .as:E --.� '�` r-, -1 " x.__ .® I'S _ , ,, ' j I _ ':;:� , `D I i 0 I :•..•'B,eR, . ,�. ,....,_._• A '':u Ac €i , II - EXPLORE OPPORTUN177ES'FOR - w r F,UTLIRE'ROADWAY BER OITY OF ;t 1',1'',' tr� a"' :4;,.. ,,, "..",,PEDE57RIAN LINK..TO C669AERGIAL YOREa LA ROADWAY PCAH 0, I '�DEVELOPMENT ;. x -:xea,R.6 AD o u .'i"� .. >n ne- ° AIWA ( : / 1 I on a I r .. -► r�, ,corsai,,t `.. I N,...,.tlK100a, >a.s. ,: ,4rseoa +flaws • I: 1i \ 1I I de ° (� f-- ce aea.,..': ''Pit"i' 4„,x,,,,,,,,J Tf- - z M aim I , I I � �� "S� '-'r-"- art v' *. 7i Wb l " d: AMENITY CENTER:SET ON LAKE I l �:I viii "v iI 71 ^tC�I Na ,,�� � �+� t . . � wI7H LONa.utEwg of wArER ►�r t lar--�i"y7 1 y -,b. .%� �RIM���R, ... SECONDARY ACOES$BETWEEN .,,;/ +' * w �s •'KJ "ti-' ,�� 1 i OPKcac tom-- v� ' •�'- .likiki iii+N►,� ., = - t-"Ra I• IGHBORHOOD-ENCLAVES yt.' _ 1, Fa Perimeter roads to iii ` '' «� ---..,., y� i , re IA D( be improved including w -' f1 :r cosecs' �, ; ; SO:LANDSCAPE BUFFER -le'• '�-... .----4,,,,i.;„..,4, r '.,4,,,',' .a,eaa - 'N'""'" ® e 7S LANDSCAPE EASEMENT ALONG t?. _" I .. - *No '' ® s', ,j t l �}22 ; fr'ARV-WRH-COMMERCUC ao —•'I I the North T/2 of Galena d ; B M sy ��"�� I I g�pEYELOPMENT,EVENLY SPLIT' rA e'' 36'"CONSTFiUCi7121N ' '� ozor 'a t: BETWEEN LAND USES _ Road and Beecher Road ACCESS.EASEMENT •- ,°,a—a. �° . I , .Y" IL - II through the entire } �. PRRAARY COMMUNITY ENTRY "4�,�„�. ., g ' t. '>>. } G$� � �, '}� y / i j t .< 1 f - to J k m fAMENri ITY CENTER SET AT TERMIMJJS O�F n `��:-v, S �� ACOIARE SIGNAGE EA5EMEN T �' ®� _ MARKETING TRAIL OVERLOOKING LAKE{7 ^ ,, ?e, 'y.MODELS SET OVERLOOKING P` ' GOHNER OF GALENA ANO ROUTE 47,� ,,.. k., c f'•+ h y y' I'.' I '- L ENTRY FEATURE LAKE .7e.,;1....,;,. a,;j;3 FOR DIRECTIONAL-SIGN G:14 t �, �- ',1[';',,,;4,74.,'"'=t'-''''' t I r},,tr I f 1i I. r Ie � Y'' � � "' � LOTTING ILLUSTRATIVE Feb.23,2006 Scale;1"=900' SECPIanningConsIIIMnts PER SUBMITTED PRELIMINARY LANDSCAPE PLAN NORTH Date il February 23,2006 _•. .,, M„u,..a.,);,,A WESTHAVEN �::,T:P . .>:M :n: Bhcud b'e°"'"'” g detect aspN b try ^I bed YIN rat 1,All made data YORKVILLE.ILLINOIS s�o,ect to cnalge.This land pl s concept I et re and dcee not represent any regulatory approval. Plan is sub4ect to change . ciry Reviewed By: ♦ — city council J= �-c► Legal ❑ Finance ❑ Esr. isss Engineer ❑ -�-- Agenda Item Tracking Number .4 City Administrator El O� �0 Consultant El FEN (0- Q(n CLE, City Council Agenda Item Summary Memo Title: School Impact Fee Payment Agreement for Bristol Bay Subdivision City Council/Committee of the Whole Date: COW 10/17/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: John Wyeth Legal Name Department Agenda Item Notes: YORK-MLLE COMMUNITY UNIT SCHOOL DISTRICT #115 "Positive Attitudes Create Success" Administrative Service Center 602 Center Parkway,Suites A&B Dr.Thomas D.Engler P.O.Box 579 ax.630-553-4382 Fax Superintendent Yorkville,Illinois 60560 .630-553-4398 tengler@yorkville.kl2.il.us October 12, 2006 John Wyeth City Attorney United City of Yorkville John, In response to your inquiry concerning the Castle Bank, Centex Homes, and the Yorkville Community School District 115 agreement concerning the Bristol Bay Elementary School and the request for an annexation agreement change, I can tell you that we are finalizing the agreement and I am awaiting legal approval from our attorney. As it currently stands, I can say that District 115 is favoring the agreement under final consideration and we would encourage the City Council of the United City of Yorkville to approve the agreement and annexation changes as written. This has been a two-year project and without the assistance City of Yorkville personnel, such as you, I do not believe we would be completing this agreement. Thank you and the City Council in advance. Sincerely, Dr. Thomas D. Engler Superintendent of Schools "It is the mission of the Yorkville Community Unit School District#115 to prepare each student to be a productive citizen in the world that he/she will shape by providing an education that challenges each individual, utilizing the resources of an interactive,responsible community." SCHOOL IMPACT FEE PAYMENT AGREEMENT THIS AGREEMENT is made and entered into as of the day of October, 2006 by and between YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NUMBER 115, KENDALL AND KANE COUNTIES, ILLINOIS (the "School District"), and CENTER HOMES, a Nevada general partnership ("Centex Homes"). WHEREAS, Centex Homes is developing a residential subdivision, consisting of 1,389 units located north of Galena Road in the United City of Yorkville, Kendall County, Illinois (the "City"), constituting a portion of the subdivision commonly referred to as the "Bristol Bay Subdivision",the boundaries of which are set forth in Exhibit A attached hereto, which is located entirely within the boundaries of the School District; WHEREAS, the School District will construct a new elementary school (the "School") in Bristol Bay Subdivision; WHEREAS, pursuant to the provisions of the Annexation Agreement, dated April 26, 2005, with the City (the "Annexation Agreement"), Centex Homes is required to pay certain School Transition Fees and Land Cash Fees for the benefit of the School District upon the issuance of permits for the construction of residential units in the Bristol Bay Subdivision, all as more particularly described in the City of Yorkville School Transition Ordinance 2002-04, 2000-11 and 1993-24, and the City of Yorkville Land Cash Ordinance 96-3, 2003-12, 2004-22 and 2005-37 (collectively, "School Impact Fees"); WHEREAS, the aggregate of School Impact Fees payable to or for the benefit of the School District attributable to the Bristol Bay Subdivision as of the date hereof is approximately Six Million Dollars ($6,000,000) (such amount as of the date hereof being referred to herein as the "Baseline School Impact Fees"), of which [One Million Five Hundred Thousand Dollars ($1,500,000)] has been paid; WHEREAS, the parties desire to revise the payment of the remaining School Impact Fees attributable to the Bristol Bay Subdivision on a fixed schedule; and WHEREAS, the payments made hereunder shall fulfill all obligations of Centex Homes with respect to School Impact Fees attributable to units or lots in the Bristol Bay Subdivision; Now, THEREFORE, in consideration of the premises herein contained, and for other valuable consideration receipt of which is hereby acknowledged, the parties agree as set forth below. 1. Centex Homes promises to pay to the School District or its assignee the remaining School Impact Fees attributable to the Bristol Bay Subdivision in sixteen (16) quarterly payments of the greater of (a) [Three Hundred Eleven Thousand Three Hundred Eighty Dollars and Eighty-Nine Cents ($311,380.89)] or (b) the amount of actual School Impact Fees owed during the calendar quarter ending on the 15th of the month prior to such payment date based on the Annexation Agreement, on the first business day of each February, May, August School Funding Agreement--JJW's redline and November until paid in full, commencing February 1, 2007 and Centex Homes shall pay such installments until an amount not less than [$4,982,094.24] has been paid to the School District or its assignee, even if such amount exceeds the actual amount of School Impact Fees relating to the Bristol Bay Subdivision ultimately determined to have been payable by Centex Homes pursuant to the Annexation Agreement. All such payments shall be made in U.S. Dollars, in immediately available funds at the principal office of the School District or its assignee, in each case without set-off or counterclaim and shall be made whether or not construction of the Bristol Bay Subdivision has commenced or is able to commence. Centex Homes may prepay all or any portion of unpaid School Impact Fees at any time. Any such prepayments shall be applied to the installments due hereunder in inverse order of maturity. 2. Prior to any rezoning, replatting or reclassification of any portion of the Bristol Bay Subdivision, Centex Homes promises to prepay to the School District or its assignee an amount equal to the positive difference, if any, between the Baseline School Impact Fees applicable to that portion of the Bristol Bay Subdivision being rezoned, replatted or reclassified and the actual School Impact Fees applicable to that portion of the Bristol Bay Subdivision being rezoned, replatted or reclassified payable to or for the benefit of the School District after giving effect to such rezoning, replatting or reclassification. 3. This Agreement affects only the portion of the Bristol Bay Subdivision described in Exhibit A attached hereto and does not affect School Impact Fees for any other property covered by the Annexation Agreement. 4. The parties shall request that the City confirm that payments under this Agreement will constitute full and complete satisfaction of Centex Homes' obligations with respect to School Impact Fees attributable to the Bristol Bay Subdivision under the Annexation Agreement and applicable ordinances. As between the School District, its assignee and Centex Homes, with respect to any inconsistency between the Annexation Agreement and this Agreement, this Agreement shall control. 5. The School District may assign its rights to receive payments hereunder. Centex Homes hereby consents to the assignment of this Agreement by the School District to a financial institution as collateral for a financing related to construction of the School. Upon such assignment, Centex Homes agrees to make payments to the assignee and to execute and deliver an acknowledgement in form and substance satisfactory to such assignee. 6. Centex Homes agrees to provide to the School District and its assignee quarterly sales updates for the Bristol Bay Subdivision (including a report of all building permits issued during such quarter), all to be in form and substance and with such detail as is satisfactory to the School District and its assignee. 7. Time is of the essence of this Agreement. 8. Centex Homes shall pay to the School District or its assignee a nonrefundable fee of $ [such amount to be $5,000 plus all attorney fees] concurrently with the execution of this Agreement. -2- 9. Centex Homes hereby represents and warrants to the School District and its assignee that: (i) it has the authority to enter into this Agreement and to perform its obligations hereunder, (ii) the Agreement has been duly authorized, executed and delivered by Centex Homes, (iii) this Agreement does not contravene any provision of any law, decree or judgment binding on Centex Homes or any provision of its organizational documents, and (iv) Centex Homes has received all necessary licenses, permits and approvals of all federal, state and local governmental authorities necessary to enter into this Agreement and perform its obligations hereunder. 10. This Agreement shall be enforceable in the Circuit Court of Kendall County, Illinois, by any of the parties hereto or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements herein contained, including specific performance of this Agreement;provided only actual and not consequential or punitive damages shall be payable by Centex Homes. This Agreement shall be governed by the laws of the State of Illinois. The losing party shall pay to the prevailing party all costs and expenses incurred in any proceedings brought to enforce the terms and provisions of this Agreement, including the payment of all court costs and reasonable attorneys' fees. [SIGNATURE PAGE TO FOLLOW] -3- IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the day and year first above written. CENTER HOMES, a Nevada general partnership YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NUMBER 115,KENDALL AND By: Centex Real Estate Corporation, a K,a,�COUNTIES,ILLINOIS Nevada corporation and Managing General Partner By: By: President, Board of Education Daniel L. Star President- Illinois Division WHO WARRANTS HE HAS AUTHORITY TO BIND THE PARTNERSHIP -4- Ebe- I DRAFT-9.19.06 REVISED 10.12.06 (CHANGES TRACKED) Amendment regarding use of local companies.,to be inserted at the end of the Policy as a new paragraph. PREFERENCE FOR LOCAL COMPANIES The City will look more favorably in reviewing requests for SSA's upon those developments wherein the developer demonstrates (in an annexation agreement, development agreement or some other entitlement document) a preference to use local companies by allowing them to bid for work in the construction of the SSA financed improvements and/or other aspects of the development being served the SSA. For the purposes of this paragraph, "local companies" shall be defined as those companies with offices and/or facilities within the municipal boundaries of the United City of Yorkville. 'r1_0__C>P1X United City of Yorkville Memo 1 ­7 800 Game Farm Road EST. 1 18M Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 4LE ��•� Date: October 12, 2006 To: Mayor and City Council From: John Justin Wyeth, City Attorney Travis Miller, Community Development Director Subject: Timing on Enactment of Back-Up/Dormant SSA's We wish to present for your consideration and discussion the topic of when to enact Back-Up SSA's (also referred to as "Dormant" SSA's). These SSA's are for the sole purpose of"backing up"the obligation of a Home Owner's Association(HOA). If a HOA fails to provide maintenance services for common areas, monuments, clubhouses and pools, etc., the Back-Up SSA would provide a funding mechanism to replace the funding that would normally flow through/from the HOA. The homeowner would be taxed in an amount equal to the City's cost to provide the service that the HOA formerly provided. The choices in regard to timing are basically: 1. Now: When there is no need for it. The logic is that this is simply a ministerial process done in advance "just in case"the need for funding at a later date. 2 Later: At the time when the need arises. There are advantages and disadvantages to both the "Now" and"Later"time lines. You will find attached a sheet that sets forth a Pro/Con analysis. We seek your direction as to whether to enact Back-Up SSA's now or later. Timing of Enactment of SSA's Pro/Con Analysis Topic: Now Later 1. Notice in Covenants Yes Yes 2. Homeowner who pays the tax lived in the home at the time enactment of the SSA Less likely More likely 3. Homeowner who pays the tax surprised by the tax More likely Less likely 3. Easier to Enact—less or no Objectors Yes No 4. Failure to Maintain Common Areas or other obligations by HOA City can tax the residents through the already City could use code enforcement,first established SSA and pay for obligations before enacting the SSA,Residents would have notice of the SSA CO. Reviewed By: City Council Legal ❑ Finance ❑ EST _ -- 1836 Engineer ❑ -�� Agenda Item Tracking Number .� y City Administrator ❑ 0 C PW ogoc(O` �� 7 8« �p Consultant ❑ wnanca.+v �` ❑ SCE City Council Agenda Item Summary Memo Title: Proposed Generator Sale City Council/Committee of the Whole Date: October 19, 2006 COW Synopsis: Offer by RJM Grading to purchase generator Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of bid Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: CO.o United City of Yorkville Memo Public Works Department EST 1 1836 800 Game Farm Road Yorkville, Illinois 60560 0� - "Ic >`�O Telephone: 630-553-4370 �tE Fax: 630-553-4377 Date: October 10, 2006 To: Mayor and City Council From: Eric Dhuse, Director of Public Works CC: Subject: Generator Sale Mayor and Council, I have received an offer to purchase our remaining surplus generator. The offer is from RJM Grading of Yorkville in the amount of$5000.00. This is within the parameter of what Caterpillar said it was worth. We have had no other interest in this generator due to the fact that this particular unit needs to be housed within a building. Also, it is approximately half the size of the other unit, which has hindered any potential offers. I would recommend the sale of this generator at this price. I would ask that this be placed on the October 19, 2006 COW for discussion. If you have any questions or comments, please let me know. RJM GRADING INC. 9166 Penman Rd.Yorkville IL,60560 Phone(630)546-8416 TO: City of Yorkville DATE: October 6,2006 I would like to place my bid of $5000.00 on the Olympic 30 kw generator that you have available. Thank you Robrt Murst __—-/(44 v 1W3 Reviewed By: Legal El City Council Finance ❑ EST. � � ®.1836 Engineer ❑ g Agenda Item Tracking Number C y City Administrator ❑ .� -P IN d co(O " 1(0 0 Consultant ❑ City Council Agenda Item Summary Memo Title: Mosquito control contract 07-08 City Council/COW/Committee Agenda Date: Oct 19 2006 COW Synopsis: Proposed new contract with Clarke for mosquito control Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of contract Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: United City of Yorkville Memo Public Works Department EST. , ,ass 800 Game Farm Road Yorkville, Illinois 60560 0� Telephone: 630-553-4370 SCE Fax: 630-553-4377 Date: October 9, 2006 v—^ To: Joe Besco, Chairman From: Eric Dhuse, Director of Public Works CC: Subject: Clarke Mosquito Control Contract Joe, Attached is a copy of the proposed contract with Clarke Environmental Mosquito Management, Inc. for 2007. I would ask that this be placed on the October 19, 2006 COW agenda for discussion. If you have any questions or comments,please let me know. Clarke Environmental Mosquito Management, Inc. Professional Services Outline For The 2007 United City of Yorkville Environmental Mosquito Management (EMM) Program Part I. General Service A. Aerial Survey and Geographic Information System (GIS) Mapping B. Computer System and Record Keeping Database C. Public Relations and Educational Brochures D. Mosquito Hotline Citizen Response— (800) 942-2555 E. Comprehensive Insurance Coverage naming the United City of Yorkville as additionally insured F. Program Consulting and Quality Control Staff G. Monthly Operational Reports, Periodic Advisories, and Annual Report H. Regulatory compliance on local, state, and federal levels Part II. Surveillance and Monitoring A. Floodwater Mosquito Migration Model: The use of weather data and computer model to predict the arrival of Aedes vexans brood (hatch) and peak annoyance periods. (Clarke will contact the city representative and inform him of the impending brood arrival.) -- B. Arbovirus Surveillance: 1. Clarke New Jersey Light Trap Network to monitor and evaluate adult mosquito activity. C. Weather Monitoring — Operational Forecasts Part III. Larval Control A. Catch Basin Control: 1. Catch Basins: Three (3) treatments of up to all street side catch basins, inlets and manholes with VectoLex® or a 30-day sustained slow release insecticide. Page 1 of 4 Part IV. Adult Control A. Adulticiding in Residential Areas: 1. Three (3) community-wide truck ULV treatments of all miles of streets with Mosquitomist® or synthetic pyrethroid insecticide. Any additional authorized community ULV treatments will be priced at $63.00 per mile. B. Adulticiding Operational Procedures 1. Notification of community contact. 2. Weather limit monitoring and compliance. 3. Notification of residents on Clarke Call Notification List. 4. ULV particle size evaluation. 5. Insecticide dosage and quality control analysis. 2007 EMM Payment Total Cost for Parts I, II, III, IV $28,414.00 Page 2 of 4 Clarke Environmental Mosquito (Management, Inc. Customer Agreement and Authorization The 2007 United City of Yorkville Environmental Mosquito Management (EMM) Program 1. TERM AND TERMINATION: This Agreement has an automatic Renewal Clause. The term of the Agreement shall commence on the date when both parties have executed this Agreement and shall continue for a period ending on December 31, 2009 (the "Initial Term"). Unless either party hereto provides the other party with written notice at least Ninety (90) days prior to the end of the Initial Term or any subsequent renewal term, this Agreement shall automatically continue to renew for additional term, each term having a duration equal to the Initial Agreement. If a party hereto fails to comply with a provision of this Agreement, then the other party shall have the right to terminate this Agreement if it gives written notice of the default to the defaulting party and the defaulting party fails to cure the default within sixty days of receipt of said notice. II. Price Increases: The price for the services rendered hereunder may be increased by Clarke Environmental Mosquito Management, Inc. ("Clarke") on the first day of any Calendar year commencing on January 1, 2008 (a "Price Increase Date") by a percentage which shall not exceed the greater of the percentage increase of the consumer price index during the calendar year which immediately precedes the Price Increase Date or five percent (5%) (the "Price. Increase Percentage"). Clarke Environmental Mosquito Management, Inc. may petition the United City of Yorkville at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not be reasonably foreseen by a prudent operator. New areas to be covered will be pro-rated to the program cost at the rates in effect at the time. III. Program Payment Plan: For Parts I, ll, III, and IV as specified in the 2007 Professional Services Cost Outline, the total for the 2007 program is $28,414.00. The payments will be due on April 1, May 1, June 1, & July 1 according to the payment schedule below. Any additional treatments beyond the core program will be invoiced when the treatment is completed. PROGRAM PAYMENT PLAN Month 2007 April $ 7,103.5 May 1 $ 7,103.5 June 1' $ 7,103.5 July 1 $ 7,103.5 TOTAL $28,414.00 For United City of Yorkville: Sign Name: Title: Date: For Clarke Environmental Mosquito Management, Inc.: Name: Title: Control Consultant Date: Jack Thennisch Page 3 of 4 Clarke Environmental Mosquito Management, Inc. Customer Authorization The 2007 United City of Yorkville Environmental Mosquito Management (EMM) Program Administrative Information: Invoices should be sent to: Name: Address: City: State: Zip Office Phone: Fax: E-Mail Purchase Order Number: Treatment Address (if different from above): Address: City: State: Zip Contact Person for United City of Yorkville: Name: Title: Office Phone: Fax: E-Mail: Home Phone: Cell: Pager: Alternate Contact Person for United City of Yorkville: Name: Title: Office Phone: Fax: E-Mail: Home Phone: Cell: Pager: Please sign and return a copy of the complete contract for our flies to: Clarke Environmental Mosquito Management, Inc., Attn: Jack Thennisch 159 N. Garden Avenue, Roselle, IL 60172-9963 or Fax at (630) 894-1774 Page 4 of 4 PW 4fq Cli Reviewed By: Legal ❑ City Council Finance ❑ EST. , 1836 Engineer 0 City Administrator ❑ Agenda Item Trackin Number O PW a OD(C) - l(D Consultant ❑ SCE City Council Agenda Item Summary Memo Title: Rob Roy Creek Interceptor(Contract 6)-Change Order#2 City Council/Committee of the Whole Date: 10/17/06 Committee of the Whole Synopsis: This final balancing change order is in the amount of a$22,613.60 decrease. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road ME 1 1836 Yorkville, Illinois 60560 --��- Telephone: 630-553-8545 o Fax: 630-553-3436 <LE wv Date: September 15, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer)--U CC: Lisa Pickering,Deputy City Clerk Subject: Rob Roy Creek Interceptor(Contract 6)—Change Order#2 Attached find one copy of proposed Change Order No. 2 for the referenced project. This change order, in the amount of a$22,613.60 decrease, is the final balancing change order for this project. The major changes during construction that resulted in the decreased cost were for decreases in the length of casing pipe and a reduction in the amount of rock excavation and unstable soils. The bid quantity for rock excavation and poor soils is an estimate based on soil borings taken before the project was designed, and it is very common for the final quantities to vary from the original estimate. The decrease in casing pipe is a minor length,but results in a relatively large decrease due to the $700/LF unit price. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration. CHANGE ORDER Order No. 2 Date 8-3-06 Agreement Date: December 5,2005 NAME OF PROJECT: ROB ROY CREEK INTERCEPTOR CONTRACT 6, YORKVILLE ILLINOIS OWNER: UNITED CITY OF YORKVILLE ILLINOIS CONTRACTOR: PIRTANO CONSTRUCTION INC. The following changes are hereby made to the CONTRACT DOCUMENTS: Balancing of actual final quantities installed. Justification: See attached quantity balancing justification. Change to CONTRACT PRICE: $ -22,613.60 Original CONTRACT PRICE: $ L502,130.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER$ 1,425,620.84 The CONTRACT PRICE due to this CHANGE ORDER will be (increase ) (decreased)by: $ 22,613.60 The new CONTRACT PRICE including this CHANGE ORDER will be$ 1,403,007.24 Change to CONTRACT TIME: The CONTRACT TIME will be(increased) (decreased)by 0 calendar days. The date for completion of all work is MU 15 2006 (Date). Requested by: Walter E. Deuchler Associates Inc. Accepted by: Pirtano Construction Inc. Approved by: City of Yorkville IL ROB ROY CREEK INTERCEPTOR-CONTRACT 6 QUANTITY CHANGES AND JUSTIFICATION FOR CHANGE ORDER NO.2 Item fi Change in Change to Description Justification No. Quantity Contract Price 4 Connection to Existing Manhole Subtract 1 each Work item eliminated,new manhole installed $ -5,680.00 7 Manhole, Type A, 7'Dia. Add 1 each New manhole installed in lieu of item#4 $ 8,000.00 8 Sewer Televising Subtract 29 L.F. Actual quantity televised $ -26.60 9 60"Steel Casing at Various Locations Subtract 20 L.F. Actual quantity installed less than plan quanti $ -14,000.00 10 Unstable Soil Removal &Replacement Subtract 2,907 L.F. Actual quantity installed due to existing soil $ -2,907.00 w/Crushed Stone (12" Thick) conditions ' 12 Rock Excavation Subtract 200 C.Y. Existing ground conditions did not warrant the $ -8,000.00 use of this bid item. TOTAL CHANGE IN CONTRACT PRICE DUE TO CHANGE ORDER NO. 2: $ -22,613.60 Page 1 of 1 VV �� Reviewed By: City Council Legal ❑ leas Engineer � �-' al►•s'(�6 -��- Agenda Item Tracking Number .0 y City Administrator ❑ p.A �p Consultant ❑ w LE City Council Agenda Item Summary Memo Title: Kennedy Road @ Freedom Place Intersection Improvement—Change Order#1 City Council/Committee of the Whole Date: 10/17/06 Committee of the Whole Synopsis: This change order in the amount of a$35,362.05 decrease is the final balancing change order. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP o United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 �' p Fax: 630-553-3436 Date: September 15, 2006 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer � U CC: Lisa Pickering,Deputy City Clerk Subject: Kennedy Road @ Freedom Place Intersection Improvements Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$35,362.05 decrease, is the final balancing change order. This project was constructed in order to open up Freedom Place before the new Grande Reserve Elementary School opened this past August. Due to the short time frame we had to work in,we were not able to get Commonwealth Edison to relocate two power poles in time. Consequently,we decided to shorten the limits of paving along Kennedy Road. This reduction in the scope of the project resulted in significant reductions in earthwork and paving quantities,resulting in a decrease in the project cost. When Kennedy Road is reconstructed in the next few years, that project will be increased in scope accordingly. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration. Request for Approval of Change in Plans DATE: 8122/2006 Request No. 1 (FINAL) PREPARED BY: PROJECT: KEENEDY&FREEDOM INT. MUNICIPALITY: UNITED CITY OF YORKVILLE CONTRACTOR: AURORA BLACKTOP,INC. CONSULTING ENGINEER: ENGINEERING ENTERPRISES,INC. ADDRESS: 800 GAME FARM ROAD YORKVILLE,IL ADDRESS: 1065 SARD AVENUE ADDRESS: 52 WHEELER ROAD COUNTY: KENDALL MONTGOMERY,IL 60538 SUGAR GROVE, IL 60554 SUMMARY OF CONTRACT CHANGES AWARDED MEASURED CHANGE IN ITEM NO. DESCRIPTION UNIT UNIT PRICE QUANTITY QUANTITY QUANTITY ADDITIONS DEDUCTIONS 1 RESTORATION SO YD $ 3.90 1,035.00 2333.00 1,298 5062.20 2 BCSC,SUPERPAVE,MIX C,N50 TON 68.90 69.00 13.00 56 3,858.40 3 IBCSC,SUPERPAVE,MIX D, N70 TON 68.90 60.00 0.00 60 4,134.00 4 BCSC,SUPERPAVE,IL-19.0,N50 TON 61.30 220.00 0.00 220 13,486.00 5 BCBC,SUPERPAVE, IL-19.0, N70 TON 61.30 485.00 600.00 115 7049.50 6 EARTH EXCAVATION L SUM 20,500.00 1.00 0.97 0.03 700.00 7 POROUS GRAN. EMBANKMENT TON 25.00 410.00 0.00 410.0 10,250.00 8 TRENCH BACKFILL CU.YD. 15.00 176.00 176.00 - 9 GEO FABRIC FOR GROUND STAB. SO YD 2.25 1,255.00 424.00 831 1,869.75 10 GRADING AND SHAPING DITCHES FOOT 15.95 420.00 395.00 25 398.75 11 TEMPORARY DITCH CHECKS EACH 150.00 8.00 0.00 8 1,200.00 12 INLET AND PIPE PROTECTION EACH 150.00 5.00 3.00 2 300.00 13 SUB-BASE GRANULAR MATERIAL-TY B TON 20.00 1,100.00 0.00 182.75 3,655.00 14 BITUMINOUS MATERIALS(PRIME COAT) GAL 1.65 715.00 0.00 715.00 1,179.75 15 AGGREGATE(PRIME COAT) TON 50.00 15.00 0.00 15.0 750.00 16 BITUMINOUS SURFACE REMOVAL SO YD 15.00 45.00 18.00 27 405.00 17 PCC SIDEWALK,6"SPECIAL SO FT 6.50 75.00 212.00 137.0 890.50 18 CRACK FILLING POUND 10.00 85.00 0.00 85 850.00 19 AGGREGATE SHOULERS,TYPE B TON 50.00 50.00 0.00 50 2,500.00 20 STORM SEWER,CLASS A,TYPE 1 12" FOOT 38.60 242.001 235.001 270.20 21 CATCH BASIN,TY A,4',TY 3 F&G I EACH 1 2,360.001 1.001 1.00 - PAGE 1 TOTALS: $13,002.20 $45,806.85 ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL PAGE 1 OF 3 REQUEST FOR APPROVAL OF CHANGE IN PLANS,CONTINUED KENNEDY AND FREEDOM INT. PAGE 2 OF 3 UNITED CITY OF YORKVILLE AWARDED MEASURED CHANGEIN ITEM NO. DESCRIPTION UNIT UNIT PRICE QUANTITY QUANTITY QUANTITY ADDITIONS DEDUCTIONS 22 MH,TY A,4',TY 1 F&OL EACH 2,060.00 1.00 1.00 1 2,060.00 23 INLET,TY A,4',TY 1 F&G EACH 1,650.00 1.00 1.00 - 24 COMB CONC C&G,TY B-6.12 FOOT 25.00 255.00 198.00 57 1,425.00 25 TRAFFIC CONTROL&PROTECTION L SUM 2,500.00 1.00 1.00 26 SIGN PANEL SQ FT 25.00 8.50 8.50 - 27 TELESCOPING STEEL SIGN SUPPORT FOOT 25.00 22.00 24.50 2.5 62.50 28 BASE FOR TELE.,STEEL SUPPORT EACH 100.00 1.00 0.00 1 100.00 29 THERMO. PAVE.MARKING-LET.&SYM. SY FT 3.60 31.20 0.00 31.20 112.32 30 THERMO. PAVE.MARKING-LINE 4" FOOT 1.20 140.00 0.00 140.00 168.00 31 THERMO.PAVE.MARKING-LINE 6" FOOT 1.80 385.00 0.00 385.00 693.00 32 THERMO. PAVE.MARKING-LINE 12" FOOT 3.60 570.00 0.00 570.00 2,052.00 33 THERMO.PAVE.MARKING-LINE 24" FOOT 7.10 38.00 0.00 38.00 269.80 TOTALS THIS PAGE: 62.50 6,880.12 PAGE 1 TOTALS CARRIED FORWARD: 13,002.20 45,806.85 TOTALS THROUGH PAGE 2:1 13,064.70 52,686.97 ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL PAGE 2 OF 3 REQUEST FOR APPROVAL OF CHANGE IN PLANS,CONTINUED KENNEDY AND FREEDOM INT. PAGE 3 OF 3 UNITED CITY OF YORKVILLE ADDITIONS DEDUCTIONS TOTALS CARRIED FORWARD FROM PAGE 2: r$ 13,064.70 $52,686.97 Miscellaneous Extra Work Credits 34X SPECIAL EXC. FOR FIBER OPTIC L SUM 2,700.00 0.00 1.00 1.00 2700.00 35X PAINT PAV. MARKING-LTR&SYM SQ FT 2.35 0.00 31.20 31.20 73.32 36X PAINT PAV.MARKING-LINE 4" FOOT 0.80 0.00 132.00 132.00 105.60 37X PAINT PAV.MARKING-LINE 6" FOOT 1.20 0.00 309.00 309.00 370.80 38X PAINT PAV.MARKING-LINE 12" FOOT 2.35 0.00 364.00 364.00 855.40 39X PAINT PAV.MARKING-LINE 24" FOOT 4.701 0.001 33.001 33.00 155.10 Total Miscellaneous Extra Work Credits: 4,260.22 $ - Total Additions and Deductions: $ 17,324.92 $ 52,686.97 Net Change: $ 35,362.05 (DEDUCTION) Amount of Original Contract: $157,879.92 Amount of Previously Adjusted Contract $157,879.92 Amount of Adjusted/Final Contract $122,517.87 Total Net Deduction to date $35,362.05 Which is 22.40 %of the Contract Price The nature and reason for the change: Per field conditions and measured quantities. The u rsigned has determined that the change is germane to the original contract as signed. Signed: A Date: Senior Project Manager Approved: Date: Title: ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL PAGE 3 OF 3 `,�tLD CITE Reviewed By: s , Legal City Council ❑ Finance ❑ Esr. 1836 Engineer �1�`i°t Agenda Item Tracking Number .t ��� �. y City Administrator / ;$,k 2Q Consultant ❑ 1/`� ap " 1 ALE City Council Agenda Item Summary Memo Title: 2006 Joint& Crack Filling—Change Order#1 City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This final balancing change order is in the amount of a$4,052.36 decrease. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Co.o United City of Yorkville Memo J '" 800 Game Farm Road- 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 ILL Date: September 20, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk Subject: 2006 Joint& Crack Filling—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$4,052.36 decrease, is the final balancing change order for this project. Crack filling is paid for on a per pound basis, and is applied at different rates depending on the types of cracks or joints encountered in the various roadways. It is not possible to estimate the amount of material required with a high degree of accuracy. Consequently, we try to be somewhat conservative in our initial estimates to make sure that the funding level is adequate, but with the knowledge that the final quantity will probably be lower. I recommend that this change order be approved. Please place this change order on the Committee of the Whole agenda of October 17, 2006 for consideration. UNITED CITY OF YORKVILLE 2006 Joint&Crackfilling Change Order No 1 (FINAL) SKC Construction,Inc. Date: 14-Sep-06 PO.Box 503 West Dundee,Illinois 60118 Awarded Final Difference in NDL Item Quantity Quantity Difference Uld Unit Price Sit 1 Crackfilling 25,692 21,510 -4,182 LB $0.969 -$4,052.36 Total change: ($4.052.36) Contract Award Amount: $24,895.55 Plus Previous Change Orders: $0.00 Revised Contract Amount: $20,843.19 Recommend for A proval: Date: ri I t H l 0 6 _ City f /�k�villle� r Approved: / � (��'�v Date: hL� SKC Coristruction, Inc. Approved: Date: City of Yorkville Pw 4 c/ly Reviewed By: J2 4-n ; ❑ City Council Legal Finance ❑ ESL 18M Engineer per, %ci-4c6 Agenda Item Tracking Number .t City Administrator ❑ W aG0(c , l-7a 9 O Consultant ❑ ALE w City Council Agenda Item Summary Memo Title: 2006 Misc. Bituminous Paving—Change Order#1 City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This is the final balancing change order in the amount of a$388.32 increase. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Co.o United City of Yorkville Memo J OVA 800 Game Farm Road EM 1 `; ..a.,,. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ?p Fax: 630-553-3436 CCE w�' Date: October 2, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer �r° bf CC: Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk Subject: 2006 Miscellaneous Bituminous Paving—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$388.32 increase, is the final balancing change order. While the final project cost was very close to the contract award amount, there were two items that varied significantly from the original estimates that balanced each other out. These were aggregate base repair and topsoil. The aggregate was to be used to repair any soft spots on Game Farm Road and Fox Road,but none were found. The topsoil was used at Well#7 prior to landscaping, and we found that we had underestimated the amount required by nearly 200 cubic yards. Please note that this project is funded by both the general fund(for work on Game Farm and Fox Roads) and the water fund (for work at Well#7). The final cost of the work at Well #7 was $45,190.93, therefore the general fund will need to fund the balance of $42,310.84. Only$30,000 had been budgeted for this expense. The project is complete, therefore I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration. UNITED CITY OF YORKVILLE Project: 2006 Misc. Bituminous Paving Change Order No 1 (FINAL) Contractor: Meyer Paving, Inc. Date: 2-Oct-06 Address: 5OW363 Route 64 Maple Park, Illinois 60151 Awarded Final Difference in No. Item Quantity Quantity Difference Unit Unit Price Cost 1 Bituminous Pavement Removal, 3" 895 901 6.00 SY $6.75 $40.50 2 Bituminous Pavement Removal,2" 1063 1118 55.00 SY $4.50 $247.50 3 Aggregate Base Repair 82 0 (82.00) TON $34.34 ($2,815.88) 4 Geotechnical Fabric for Ground Stabilization 90 0 (90.00) SY $2.75 ($247.50) 5 Preparation of Base 447 428 (19.00) SY $1.44 ($27.36) 6 Bit. Materials(Prime Coat) 425 425 0.00 GAL $3.50 $0.00 7 Leveling Binder(Machine Method) 52 77.01 25.01 TON $78.94 $1,974.29 8 Bit.Surface Course 489 468.58 (20.42) TON $78.94 ($1,611.95) 9 Bit. Driveway Rem&Repl 25 24 (1.00) SY $27.67 ($27.67) 10 Bit. Pavement Patch,2" 351 325 (26.00) SY $18.45 ($479.70) 11 Bit. Pavement Patch,4" 130 140.2 10.20 SY $35.00 $357.00 12 PCC Sidewalk 300 300 0.00 SF $8.00 $0.00 13 Earth Excavation 111 96 (15.00) CY $36.90 ($553.50) 14 Aggregate Base Course,Ty B 115 37.7 (77.30) TON $16.40 ($1,267.72) 15 Furnish Topsoil 75 264 189.00 CY $24.00 $4,536.00 16 Landscape Restoration 2450 2568 118.00 SY $2.24 $264.32 17 Traffic Control&Protection 1 1 0.00 LS $1,000.00 $0.00 Total change: $388.32 Contract Award Amount: $87,113.45 Plus Previous Change Orders: $0.00 Revised Contract Amount: $87,501.77 Recommend for Approval: Date: City rYorkvill-� e Approved: z-���� Date: M r Paving, Inc. Approved: Date: City of Yorkville PW c/Ty Reviewed By: Legal ❑ City Council Finance ❑. EST -� ; ' `is3c Engineer '°�"�'6 ^`�-- Agenda Item Tracking Number �. City Administrato r ❑ � O Consultant El ��� 13 �cE tv City Council Agenda Item Summary Memo Title: Raymond Storm Sewer Outfall—Change Order#1 City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This change order in the amount of a$238,314.00 increase is to add a section of storm sewer to the city-constructed portion of the project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to receipt of developer funding Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Co.y United City of Yorkville Memo 800 Game Farm Road Esr 1 3 N :1536 Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 a LE Date: Date: October 11, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer V u CC: Lisa Pickering, Deputy City Clerk Subject: Raymond Storm Sewer Outfall—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$238,314.00 increase, is for adding that part of the storm sewer from Manhole A6 to Manhole G to the project. The Raymond Storm Sewer Outfall consists of a 60" storm sewer from the existing detention basin at the Yorkville Business Center(YBC)to the proposed detention basin at Bristol Bay. The sewer was to be constructed in two different sections based on a multi-party funding agreement. The first section was to be constructed by the Caledonia developer(Wyndham Deerpoint) from the YBC basin to Manhole G. The second section was to be constructed from Manhole G to Bristol Bay by the city with funds collected. from 3 developers. The funding agreement,however, was unclear about Wyndham Deerpoint's responsibility towards funding. Wyndham Deerpoint did construct a portion of the first section per the agreement,but did not believe that they were responsible for funding any additional construction. Discussions with Wyndham Deerpoint since then have found that they do not have the financial ability to fund the sewer construction from Manhole A6 to G. Consequently, I recommend that we add this section of sewer to the city contract. We have requested that Centex Homes,who was not part of the original funding agreement,to fund this change order. I recommend that this change order be approved, subject to receipt of developer funding. Please place this item on the October 17, 2006 Committee of the Whole agenda for consideration. CHANGE ORDER Order No. 1 Date: October 5 2006 Agreement Date: TBD NAME OF PROJECT: RAYMOND STORM SEWER OUTFALL, G-Z OWNER: United City of Yorkville CONTRACTOR: Wheaton Trenching Inc The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Nine additional work items will be added to the contract, summarized on the attached Change Order No. 1 spreadsheet. TOTAL COST $238,314.00 Change of CONTRACT PRICE: Original CONTRACT PRICE: $949,800.25 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $0.00 The CONTRACT PRICE due to this CHANGE ORDER will be (inGFesed)(decreased) by: $238,314.00 The new CONTRACT PRICE including this CHANGE ORDER will be: $1,188,114.25 JUSTIFICATION 1. The A6-G portion of the work will be made part of the G-Z contract so that funding may be obtained and provided by the City. Centex is anticipated to fund this additional portion and be eligible for recapture. Change to CONTRACT TIME: NONE CO-01 GAPub1ic\Yorkvi11e\2004\Y00413 Raymond Storm Sewer 0utfa11\docs\chgorder01.doc CHANGE ORDER NO.1 - PAGE 2OF2 Approvals Required: To be effective this order must be approved by the federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDIT Wheaton Trenching, Inc. Requested by: liar Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville CO-02 GAPublic\Yorkville\2004\Y00413 Raymond Storm Sewer Outfalkdocs\chgorder0l.doc PROPOSED CHANGE ORDER NO. 1 RAYMOND STORM SEWER OUTFALL-A6-G UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS October-06 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 SILT FENCE 2000 LF $ 1.15 $ 2,300.00 2 STORM SEWER,60"REINFORCED CONCRETE PIPE,CLASS II 1294 LF 138.50 179,219.00 3 STORM SEWER,60"ADS N-12 HC PIPE 160 LF 155.00 24,800.00 4 REINFORCED CONCRETE PIPE TEE,60"x 48",WITH BARREL SECTION 2 EACH 3,625.00 7,250.00 AND NEENAH R-1530 FRAME&LID 5 STORM MANHOLE,84"DIA.WITH NEENAH R-1530 FRAME&LID 2 EACH 5,435.00 10,870.00 6 STORM MANHOLE,96"DIA.WITH NEENAH R-1530 FRAME&LID 1 EACH 5,475.00 5,475.00 7 CONNECTION TO 24"DRAIN TILE 2 EACH 1,500.00 3,000.00 8 REMOVE AND REPLACE 36"STORM SEWER,ADD 24 FOOT 1 LUMP SUM 4,200.00 4,200.00 ADDITIONAL 36"STORM SEWER,AND ADD 60"MANHOLE 9 RIP RAP, RR3 15 TON 80.00 1,200.00 TOTAL FOR CHANGE ORDER NO.1 = $ 238,314.00 GAPublic\Yorkville\2004\Y00413 Raymond Storm Sewer Outlall\eng4Change Order No.t.xls]Change Order No.1 Pkl co.y Reviewed By: City Council Legal ❑ Finance ❑ Esr :yaws Engineer dz ^' °(��(°� -�` City Administrator 11 Agenda Item Tracking Number OO Consultant ❑ v � ELE w City Council Agenda Item Summary Memo Title: Fox Hill Unit 5 —Final Acceptance &Bond Reduction#2 City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This is a recommendation to accept the public infrastructure of Fox Hill Unit 5 for ownership and maintenance, and to approve a corresponding reduction to the bond. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: � `o Cary United City of Yorkville Memo J?' �'�` 800 Game Farm Road ENSIE 1 18M Yorkville, Illinois 60560 Telephone: 630-553-8545 �9 ~ p Fax: 630-553-3436 <LE Date: October 6, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer �v CC: Lisa Pickering,Deputy City Clerk Eric Dhuse, Director of Public Works Subject: Fox Hill Unit 5 —Final Acceptance&Bond Reduction#2 The punchlist work for Fox Hill—Unit 5 is complete. I recommend that the City Council accept all public infrastructure in Unit 5 for city ownership and maintenance. City policy has been to check with the homeowner's association prior to acceptance to see if there are any punchlist items we may have missed. I have placed a call with Association Property Management, Inc., and will advise you of their response. There is one bond in place for Fox Hill Unit 5. If the public infrastructure is accepted, I recommend a corresponding reduction in the bond in the amount of$92,171.90 be approved. The remaining amount of the bond would be$84,883.88. Please refer to the attachment for details. This bond would remain in place for one year. Please place this item on the October 17, 2006 Committee of the Whole agenda for consideration. 10-Oct-06 Letter of Credit/Bond Reduction Subdivision: Fox Hill Unit 5 Reduction No. 2 Highlands Insurance Co.: Bond#GP000718 Approved Theoretical Actual Amount Remaining Amount Remaining Item En g. Est. LOC Amount LOC Amount Reduction#1 After Red. No.1 Reduction No.2 After Red. No.2 Earthwork $40,500.00 $44,550.00 $10,125.00 $6,075.00 $4,050.00 $0.00 $4,050.00 San. Sewer $142,668.00 $156,934.80 $35,667.00 $21,400.20 $14,266.80 $0.00 $14,266.80 Watermain $217,920.00 $239,712.00 $54,480.00 $32,688.00 $21,792.00 $0.00 $21,792.00 Storm Sewer $110,013.00 $121,014.30 $27,503.25 $16,501.95 $11,001.30 $0.00 $11,001.30 Streets $337,737.75 $371,511.53 $217,609.43 $91,663.76 $125,945.67 $92,171.90 $33,773.78 Totals $848,838.75 $933,722.63 $345,384.68 $168,328.91 $177,055.77 $92,171.90 $84,883.88 Notes: 1)LOC/Bond amt. to be 15% of subsantially completed items plus 110%of uncompleted items. 2) LOC/Bond amt. to be 10%of approved engineer's estimate at final acceptance. Reviewed By: Legal El City Council � . ., Finance Esr. , isas Engineer �►A�a6 Administrator Agenda Item Tracking Number City Ad ❑ Consultant ❑ a �� El LE City Council Agenda Item Summary Memo Title: 101 E. Center Street—Routine IDOT Highway Permit City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This highway permit is for the reconstruction of two driveway aprons to Rt. 47. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor& City Clerk to sign application form. Pass resolution guaranteeing satisfactory completion of the work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Cl,-a United City of Yorkville Memo 800 Game Farm Road EST. Yorkville, Illinois 60560 -� Telephone: 630-553-8545 ro Fax: 630-553-3436 SCE Date: September 18, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer �-J CC: Lisa Pickering, Deputy City Cler Subject: 101 E. Center Street—Routine IDOT Highway Permit Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for the re-construction of driveway aprons onto Route 47,just north of Center Street. IDOT has reviewed the approved the plans for the work within their right-of-way and will issue the permit upon receipt of the executed application form, a resolution from the city guaranteeing satisfactory performance of the work, and a copy of a bond from the property guaranteeing satisfactory performance of the work. I recommend that this permit application and corresponding resolution be approved. Please place this permit and resolution on the Committee of the Whole agenda of October 17, 2006 for consideration. Illinois Department Highway Permit of Transportation District Serial No. L-10432 Whereas, I (We) City of Yorkville for G&S Holdings LLC 1217 Game Farm Road (Name of Applicant) (Mailing Address) Yorkville IL 60560 hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known as IL Route 47 , Section from Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located at 101 East Center Street. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, the upgrade of two (2) existing commercial entrances as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 GRADATION). (SEE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this day of Witness Signed Applicant 800 Gauze Farm Road 800 Game Farm Road Mailing Address Mailing Address Yorkville Illinois 60560 800 Game Farm Road Yorkville 60560 City State City State SIGN AND RETURN TO: Regional Engineer Approved this day of Department of Transportation cc: Applicant (2) Field Engineer Final Inspection BY: Deputy Director of Highways, Regional Engineer Printed September 12,2006 OPER 1045(Rev.5/06) First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the District Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the District Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or overhaning the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the District Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocations within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of-way, the Applicant, upon written request by the District Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached.sheet(s) are true and correct-and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. SPECIAL PROVISIONS The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way). All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted. All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION WHEREAS, the city of Yorkville is located in the county of Kendall, state of Illinois, wishes to upgrade existing commercial entrances onto Illinois 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said city of Yorkville; now THEREFORE, be it resolved by the city of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the city of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the upgrades by the developer and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work*, is not, (delete one) to be performed by the employees of the city of Yorkville. FOURTH: That the proper officers of the city of Yorkville are hereby instructed and authorized to sign said permit in behalf of the city of Yorkville. 1, ,City Clerk hereby certify the above to be a true copy of the resolution passed by the city of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D.'2006 (Signature) (CORPORATE SEAL) RESOLUTION PW ail e,��D CJry Reviewed By: Z• p City Council J rcr Legal ❑ EST, 1836 Finance ❑ Engineer ■ Agenda Item Tracking Number y City Administrator ❑ P a 00(r, _ 1-7(01 Public Works ■ t' ,LE ,,��,� Human Resources ❑ City Council Agenda Item Summary Memo Title: Ordinance Amending City Code 7-5-15-J Water Conservation Regulations City Council/COW/Committee Agenda Date: October 17,2006 Synopsis: This modification clarifies the intent of the permanent watering system regulations for non-residential irrigation systems. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: The proposed revisions have been reviewed by Public Works and Engineering Departments TITLE 7—PUBLIC WAYS AND PROPERTY Chapter 5—Water Use and Service Section 15—Water Conservation Regulations J. Restriction On Permanent Landscape Watering Systems Of Nonresidential Properties: 1.This subsection J shall apply only to nonresidential properties,and common and/or open space areas of residential developments. 2.For this subsection J,a"permanent landscape watering system"shall be defined as any system of pipes,sprinkler heads or similar devices installed underground to be used to provide landscape watering. 3.Landscape watering upon nonresidential properties shall be limited as follows: a.For properties with one building,a total area within the property not jo exceed -- Deleted:more ,one Laacre�may be watered by a permanent landscape watering system using the ,,- Deleted:than —Qty'spotable water. This area shall be measured by the amount of non-impervious Deleted:,total, surface on the property including all landscaped areas,lawn areas and rgreenspace Deleted:c regardless of the size of the area initially planned to be irrigated. b.For properties with more than one building,a total area within the property not to exceed Jhree(3)acres}may be watered by a permanent landscape watering_ _ ---I Deleted:more than system using the Qty's potable water. This area shall be measured by the amount I Deleted:,total, of non-impervious surface on the property including all landscaped areas lawn t Deleted:e areas and ereenspace regardless of the size of the area initially planned to be irrigated. c.For the common space and/or open space of a primarily residential development, no permanent landscape watering system shall be allowed using the Oty'spotable Deleted:e water. d.All permanent landscape watering systems permitted to use the City's potable water shall be metered the same as domestic water service No special meters will be permitted. 4.The total area to be watered shall be measured as the area within reach of any Forrnatted:ieveiz permanent device used to water landscape including,but not limited to,sprinkler heads,hoses,trenches or similar devices to water landscape.(Ord.2005-47,5-24- 2005) pw 1 0C Reviewed By: Legal ❑ City Council Finance ❑ EST. �_ 1896 �,�1�6 Engineer �' Agenda Item Tracking Number 1 :y City Administrator ❑ O Consultant ❑ ❑ SCE City Council Agenda Item Summary Memo Title: SW Regional Transportation Improvements—Amended Engineering Agreement City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This amended agreement with Engineering Enterprises adds improvements to Pavilion Road to those in the original agreement. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to developer funding Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville, Illinois 60560 ' -- Telephone: 630-553-8545 p Fax: 630-553-3436 Date: October 10, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Cl Subject: SW Regional Transportation Improvements—Amended Engineering Agreement Attached find a proposed engineering agreement amendment with Engineering Enterprises, Inc. for design, construction inspection, and related services for the regional roadway improvements for the area bounded by Route 47, Pavilion Road, Fox Road, and Route 71. The original agreement was approved this past June, and consisted of engineering services for three projects, those being the Greenbriar Road extension, traffic signals at the Route 47/Greenbriar intersection, and Fox Road resurfacing. The amended agreement includes all of those projects,but now includes improvements to Pavilion Road. The original agreement was in the amount of$823,000. The proposed amended agreement is in the amount of$1,075,510. As with the original agreement, funding is to be provided by the developers. The hourly rates for the various personnel who will work on these projects have remained unchanged, as have the estimated construction costs for the three original projects. The Pavilion Road improvements,however, are more complex than Greenbriar Road or Fox Road due to the adjacent creek, geometric changes at the Fox Road intersection, and coordination with existing residential property elevations. More effort will be required to prepare the Pavilion Road improvement plans, and the amended engineering reflects that additional time required. The estimated cost of material inspection during construction was also increased by about$47,500 due to the addition of Pavilion Road. I recommend that this amended engineering agreement be approved. Please place this item on the Committee of the Whole agenda of October 10, 2006 for consideration. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 ft, FAX: 630/466-9380 www.eeiweb.com Engineering Enterprises, Inc. September 14, 2006 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Professional Engineering Services for Southwest Regional Transportation Improvements Contracts F.6 Through F.9 United City of Yorkville, Kendall County, IL Dear Mr. Wywrot: Please find attached our amended master contract for professional design and construction engineering services for the planned transportation improvements within the City's southwest planning area. We have attached two (2) copies of the amended contract and supporting documentation for your review due to the change in construction schedule of the improvements. Please note that the construction contracts have been renumbered. The amended contract includes the Pavilion Road Improvements, as noted below, as Contract F.8. The specific transportation projects are as follows: • Contract F.6 Green Briar Road Extension • Contract F.7 Fox Road Resurfacing • Contract F.8 Pavilion Road Improvements • Contract F.9 Green Briar Road & Route 47 Signals The detailed scope of services for the above referenced projects is noted in the attached agreement for Professional Engineering Services. Based on the current estimate of construction costs for Contract F.6 — F.9 of $5,626,088, the proposed design engineering fees at $363,004 are 6.5% of the construction cost. The proposed construction engineering fees are estimated to be $442,004, which is 7.9% of the construction cost. Please note that the preliminary engineering, additional consultation, legal Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. September 14, 2006 Page 2 surveying, and testing costs are estimated to be $270,502. Therefore, the total cost for all of the engineering services defined within the contract is estimated to be $1,075,510. Thank you for this opportunity to submit this Agreement. We look forward to continuing our close working relationship with the City. If you have any questions, please do not hesitate to contact us. A schedule of our estimate of time for completing the tasks of contracts F7 and F8 as well as the right- of-way work of F6 is included. Respectfully submitted, ENGINEERING ENTERPRISES, INC. W' Jeffrey W. Freeman, P.E. Vice President JWF/rak Enclosure PC: Mayor Art Prochaska Mr. John Crois, Interim City Administrator Mr. Eric Dhuse, Director of Public Works Mr. Travis Miller, Development Director Mr. John Wyeth, City Attorney Mr. Bart Olson, Administrative Intern / Deputy Clerk JKM, PGW, DMT, WED, JTW, RGN, EEI GAPub1ic\Yorkvi11e\2006\Y00617 Green Briar Drive Extension\Doc\07-19-06 Contract Letter.doc Name Municipality L Illinois Department United City of Yorkville of Transportation 0 Engineering Enterprises, Inc. C [* A N Address Township L S 52 Wheeler Road Kendall Preliminary/Construction U county G Engineering Services T city Kendall E Agreement A Suctar Grove N N State Section C T S.W. Regional Transportation Imp, Y IL THIS AGREEMENT is made and entered into this day of 2006 between the above Local Agency(LA) and Consultant(ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT",w&may be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Green Briar Drive/Fox Route - Length 11,352 LF ( 2.15 Miles)(Structure No. - ) Road/Pavillion Road Termini Green avi lion Road: 25 0 feet south of Fox Pavillion Road to 270f Illinois Route eett north inclusive of650 fee of Fox Road each P ach side of Pavillion Road Description: Green Briar Drive:Construct 7,372 if of full depth superpave bituminous concrete urban boulevard pavement section (20' B-B, 14' median, 20' B-B) with B-6.18 curb and gutter; storm sewer; bike path (10') and sidewalk (5'); earth excavation, street lighting, traffic signals, landscaping,topsoil,seed,mulch and miscellaneous appurtenances. Fox Road: Resurface 5,500 If of existing two-lane roadway using a 3" superpave bituminous concrete overlay, patching, drainage improvements, aggregate shoulders, raised reflective pavement markings,striping, restoration,sidewalk(6)and a right turn lane addition at White Oak Way. Pavillion Road: Re-construct and re-align 2,770 If of existing two lane pavement with full depth superpave bituminous concrete pavement section, storm sewer, box culvert extension, sidewalk (6), earth excavation, street lighting, pavement markings, miscellaneous appurtenance adjustments, landscape,topsoil,seed and mulch. Pavillion Road 270 If to the north of Fox Road and Fox Road 605 If to the east and west of Pavillion Road will be improved to an urban 40' B-B pavement section with B-6.18 curb and gutter. Pavillion Road from Fox Road to 2,500 If south of Fox Road will be improved to a 24' rural cross section with 2'paved shoulder and 2'aggregate shoulder. A reement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA in connection with the proposed improvement herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans. b. ® Make stream and flood plain hydraulic surveys and gather high water data and flood histories for the preparation of detailed bridge plans. c, ® Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ® Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ® Prepare Army Corps of Engineers Permit, Division of Water Resources Permit, Bridge waterway sketch and/or Channel Change sketch, Utility plan and locations and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. Note Four copies to be submitted to the Regional Engineer BLR 05512(Rev.7/05) Page 1 of 5 Printed on 9/14/2006 11:37:37 AM g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. Include economic analysis of bituminous concrete pavement versus concrete pavement. h. ® Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. L ® Assist the LA in the receipt and evaluation of proposals and the awarding of the construction contract. j. ® Furnish or cause to be furnished: (1) Proportioning and testing of concrete mixtures in accordance with the"Manual of Instructions for Concrete Proportioning and Testing"issued by the Bureau of Materials and Physical Research, of the DEPARTMENT and promptly submit reports on forms prepared by said Bureau. (2) Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the DEPARTMENT, and promptly submit reports on forms prepared by said Bureau. (3) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. (4) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. (5) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the DEPARTMENT and submit inspection reports to the LA and the DEPARTMENT in accordance with the policies of the said DEPARTMENT. k. ® Furnish or cause to be furnished (1) A resident engineer, inspectors and other technical personnel to perform the following work: (The number of such inspectors and other technical personnel required shall be subject to the approval of the LA.) a. Continuous observation of the work and the contractor's operations for compliance with the plans and specifications as construction proceeds, but the ENGINEER does not guarantee the performance of the contract by the contractor. b. Establishment and setting of lines and grades. c. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. d. Supervision of inspectors, proportioning engineers and other technical personnel and the taking and submitting of material samples. e. Revision of contract drawings to reflect as built conditions. f. Preparation and submission to the LA in the required form and number of copies, all partial and final payment estimates, change orders, records and reports required by the LA and the DEPARTMENT. 2. That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to this agreement will be in accordance with the current standard specifications and policies of the DEPARTMENT, it being understood that all such reports, plats, plans and drafts shall before being finally accepted, be subject to approval by the LA and the said DEPARTMENT. 3. To attend conferences at any reasonable time when requested to do so by the LA or representatives of the DEPARTMENT. 4. In the event plans, surveys or construction staking are found to be in error during the construction of the SECTION and revisions of the plans or survey or construction staking corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. 5. The basic survey notes and sketches, charts, computations and other data prepared or obtained by the ENGINEER pursuant to this agreement will be made available upon request to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. 6. To make such changes in working plans, including all necessary preliminary surveys and investigations, as may be required after the award of the construction contract and during the construction of the improvement. Page 2 of 5 BLR 05512(Rev.7/05) Printed on 9/14/2006 11:37:37 AM 7. That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. 8. To submit, upon request by the LA or the DEPARTMENT a list of the personnel and the equipment he/she proposes to use in fulfilling the requirements of this AGREEMENT. The LA Agrees, 1. To pay the Engineer as compensation for all services performed as stipulated in paragraphs 1 a, 1 g, 1 i,2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percentage of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 N/A (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. c. ® Lump Sum $363,004 2. To pay for services stipulated in paragraphs 1b, 1 c, 1 d, 1 e, 1f, 1 h, 1j and 1 k of THE ENGINEER AGREES at the hourly rates stipulated below for personnel assigned to this SECTION as payment in full to the ENGINEER for the actual time spent in providing these services the hourly rates to include profit, overhead, readiness to serve, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under paragraphs 1b, 1c, 1d, le, 1f, 1 j and 1k of THE ENGINEER AGREES. If the ENGINEER sublets all or a part of this work,the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "Cost to ENGINEER"to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm including the Principal Engineer perform routine services that should normally be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the work performed. See Exhibit A for a Summary of Estimated Compensation. Grade Classification o Hourly Rate f Employee Principal Engineer $144.00 Sr. Project Manager 132.00 Project Manager 120.00 Sr. Project Engineer/Surveyor 108.00 Project Engineer/Surveyor 99.00 Senior Engineer/Surveyor 90.00 Engineer/Surveyor 81.00 Assoc. Engineer/Survey 72.00 Sr. Project Technician 99.00 Project Technician 90.00 Senior Technician 81.00 Technician 72.00 Associate Technician 63.00 Secretary 72.00 have affixed their The hourly rates itemized above shall be effective the date t31/07 parties, hereunto entering ln eveln the services of the ENGINEER extend hands and seals and shall remain in effect until beyond 12/31/07 ,the hourly rates will be adjusted yearly by addendum to this AGREEMENT to compensate for increases or decreases in the salary structure of the ENGINEER that are in effect at that time. BLR 05512(Rev.7/05) Page 3of5 Printed on 9/14/2006 11:37:37 AM 3. That payments due the ENGINEER for services rendered pursuant to this AGREEMENT will be made as soon as practicable after the services have been performed, in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost-being the work required by paragraphs is through 1g under THE ENGINEER AGREES -to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee based on the above fee schedule and the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee (excluding any fees paragraphs 1j and 1 k of the ENGINEER AGREES), based on the above fee schedule and the awarded contract cost, less any previous payment. c. Upon completion of the construction of the improvement, 90 percent of the fee due for services stipulated in paragraphs 1j and 1 k. d. Upon completion of all final reports required by the LA and the DEPARTMENT and acceptance of the improvement by the DEPARTMENT, 100 percent of the total fees due under this AGREEMENT, less any amounts previously paid. By mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That should the improvements be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a and 1 g, and prior to the completion of such services the LA shall reimburse the ENGINEER for his actual costs plus 136.45 percent incurred up to the time he is notified in writing of such abandonment "actual cost"being defined as material costs plus actual payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. 5. That should the LA require changes in any of the detailed plans, specifications or estimates (except for those required pursuant to paragraph 4 of THE ENGINEER AGREES) after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 136.45 percent to cover profit, overhead and readiness to serve -"actual cost" being defined as in paragraph 4 above. It is understood that"changes"as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans. 6. That should the LA extend completion of the improvement beyond the time limit given in the contract,the LA will pay the ENGINEER, in addition to the fees provided herein, his actual cost incurred beyond such time limit-"actual cost" being defined as in paragraph 4 above. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, specifications, partial and completed estimates and data if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under the AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and -. approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the LA shall have the right to annul this contract without liability. Page 4 of 5 BLR 05512(Rev.7/05) Printed on 9/14/2006 11:37:37 AM IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized offices. Executed by the LA: The United City of Yorkville of the (Municipality/TewnshiP/G;eYRt}) ATTEST: State of Illinois, acting by and through its By Mayor and Council City Clerk By (Seal) Title: Mayor Executed by the ENGINEER: Engineering Enterprises, Inc. 52 Wheeler Road ATTEST: Sugar Grove, IL 60554 Title: Secretary Title:Vice President Page 5 of 5 BLR 05512(Rev.7/05) Printed on 9/14/2006 11:37:37 AM EXHIBIT A:SUMMARY OF ESTIMATED 9/14/06 COMPENSATION FOR PROFESSIONAL ENGINEERING SERVICES SOUTHWEST REGIONAL TRANSPORTATION IMPROVEMENTS United City of Yorkville,Kendall Co.,IL DESIGN AND CONSTRUCTION ENGINEERING PHASE I-PRELIMINARY %of PHASE II-ENGINEERING %of PHASE 111-CONSTRUCTION %of ESTIMATED ENGINEERING STUDY&REPORT Construction DESIGN Construction ENGINEERING Construction CONSTRUCTION Project (Contract=HR) Cost (Contract=%or FF) Cost (Contract=HR) Cost COST Green Briar Drive Extension $38,000 1.0% $220,000 6.0% $295,000 8.0% $3,734,279 Fox Road Resurfacing $0 010% $30,000 6.0% $40,000 8.0% $504,260 Pavillion Road Improvements $0 0.0% $95,004 8.0% $95,004 8.0% $1,187,549 Green Briar&Route 47 Signals $0 0.0% $18,000 9.0% $12,000 6.0% $200,000 TOTAL $38,000 0.7% $363,004 6.5% $442,004 7.9% $5,626,088 ESTIMATED ADDITIONAL CONSULTATION,SURVEYING,AND TESTING SERVICES Estimated Contract Service Costs Type Easements and Legal Surveying $5,000 HR Subsurface Soils Investigation $10,000 AC IR.O.W.Acquisition Consultation $20,000 AC IMaterial Testing $197,502 AC CONTRACT DESIGNATIONS Note: These Work Items Included in Preliminary Engineering FF=Fixed Fee -Cost Effective Pavement Evaluation AC=Actual Cost -Wetlands,Floodplain and Stormwater Management Evaluation HR=Hourly Rate With Estimated Fee -Field Tile Investigation %=Percentage of Approved Estimate of Cost -Typical Cross Section Determination ENGINEERING ENTERPRISES,INC. \\NEPTUNE\EEI_Storage\docs\Public\Yorkville\2006\YO0617 Green Briar Drive Extension\Eng\summary of compensationSummary-updated SUGAR GROVE,IL EXHIBIT B: PROJECT SCHEDULE 9/14/06 SOUTHWEST REGIONAL TRANSPORTATION IMPROVEMENTS United City of Yorkville,Kendall Co., IL CONTR. 2006 1 2007 2008 NO. ROJECT�Sj WORK ITEMS J J A S O N D J F M A M J J A S O N D J F M A M J J F.6 Green Briar Road Ext. R.O.W.Acquisition F.7 Fox Road Resurfacing Design Plan Review Bidding and Contracting Construction F.8 Pavillion Road R.O.W.Acquisition 77 Improvements Preliminary Engineering Design Plan Review Bidding and Contracting Construction k Green Briar& Route 47 Signals GAPub1ic\Yorkvi11e\2006\Y00617 Green Briar Drive Extension\Project ManagementlProject Management.xls]Schedule LEGEND Notes Prelim.Eng./Report Work -The F.6 Green Briar Road Extension and F.9 Green Briar&Route 47 Signals schedules will be further determined Site Selection/Acquisition when funding is secured. Work items include Preliminary Engineering, Final Design and Construction. Easement Negotiation Design Agency Review Bidding and Contracting Construction �..a�..��.+..a Sampling and Testing P its Reviewed By: City Council J2 �� Legal ❑ Finance ❑ Esr 1 yaws Engineer 7D4 JJ `'— Agenda Item Tracking Number City Administrator El a oc(c_ ` T 9 Q Consultant ❑ LE City Council Agenda Item Summary Memo Title: SW Waterworks System Improvements—Amended Engineering Agreement City Council/ COW/Committee Agenda Date: October 17, 2006 Committee of the Whole Synopsis: This amended agreement is due to a longer route for the Greenbriar Road watermain extension, and also updates the project schedules. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to developer funding Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Clry United City of Yorkville Memo 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-8545 9 ~ Fax: 630-553-3436 �4E �� Date: October 11, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer 1�"v CC: Lisa Pickering, Deputy City Clerk Subject: SW Waterworks System Improvements—Amended Engineering Agreement Attached find a proposed engineering agreement amendment with Engineering Enterprises, Inc. to provide design and construction engineering services for the Southwest Area Waterworks system. This is the second time that the engineering agreement needs to be revised. The original agreement called for a watermain to loop 41rough the several proposed developments south of Fox Road and connect to the MPI South development. After lengthy discussions with those Southwest Area developers, a new plan was developed that would eliminate the connection to MPI South,but require a new water tower and associated improvements. The first amendment was approved in June 2006, with a new total estimated cost of engineering services of$883,000. This second amendment revises the project timelines based on updated information, and also includes the re-routing of the Greenbriar Road watermain extension. The longer route is required due to the Harris Woods development not proceeding at this time. The revised cost estimate for engineering services is for a total amount of$921,500, and replaces the previous agreement. I recommend that this revised agreement be approved. Please place this item on the Committee of the Whole agenda of October 17,2006 for consideration. 52 Wheeler Road •Sugar Grove,IL 60554 TEL:630 1466-9350 it, FAX: 630/466-9380 www.eelwob.com Engineering Enterprises, Inc. October 10, 2006 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Professional Engineering Services for Southwest Water Works System Improvements Contracts F.9 Through F.5 United City of Yorkville, Kendall County, IL Dear Mr. Wywrot: Please find attached our amended contract for professional design and construction engineering services for the planned Water Works System Improvements within the City's southwest planning area. We have attached two (2) copies of the contract and supporting documentation for your review. The amended contract accounts for the change in scope of the Contract F.3 — Green Briar Road Water Main Extension. In the previous contract, the projected water main length was approximately 3,225 LF. The amended contract accounts for approximately 6,225 LF of water main. In addition to the changes in the text and the attachments relative to the change in water main scope, we also have included an updated project schedule within the contract. Given the fact that the originally proposed schedule proposed project initiation within July, and the fact that project initiation could not start until September, the project schedule needed to be modified. Please note that the currently proposed fees and the currently proposed project schedules are consistent with the exhibits within the southwest development (Silver Fox, Evergreen Farms, Aspen Ridge Estates, Chally Farm and York Wood Estates subdivisions) Annexation Agreements. Therefore, based on the current estimate of construction costs for Contract F.1 — F.5 of $8,253,755, the proposed design engineering fees at $419,000 are 5.1% of the construction cost. The proposed construction engineering fees are estimated to be $432,500, which is Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. October 10, 2006 Page 2 5.2% of the construction cost. Please note that the additional consultation, legal surveying, and testing costs are estimated to be $70,000. Therefore, the total cost for all of the services defined within the contract is estimated to be $921,500. Thank you for this opportunity to submit this Agreement. We look forward to continuing our close working relationship with the City. If you have any questions, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC. W Jeffrey W. Freeman, P.E. Vice President JWF/me Enclosure pc: Mayor Art Prochaska Mr. John Crois, Interim City Administrator Mr. Eric Dhuse, Director of Public Works Mr. Travis Miller, Development Director Mr. John Wyeth, City Attorney Mr. Bart Olson, Administrative Intern/ Deputy Clerk JKM, PGW, DMT, WED, JTW, TWT, TPF, EEI GAPub1ic\Yorkville\20061Y00621 Contract F.1-Well No. 131Doc\contract1etter02.doc COPYUNITED CITY OF YORKVILLE Amended 10110106 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This Agreement, made this day of , 20 by and between the United City of Yorkville, Kendall County, Illinois, hereafter referred to as the OWNER, and Engineering Enterprises, Inc., Sugar Grove, Illinois hereinafter referred to as the ENGINEER amends and supersedes all previous contract(s) for the Southwest Water Improvements: The OWNER intends to construct Southwest Infrastructure Improvements in Kendall County, State of Illinois and for which the ENGINEER agrees to perform the various professional engineering services for the design and construction of said improvements. The OWNER intends to construct the improvements as follows: Contract F.1 Construct One Deep Sandstone Well (Well No. 13) on a site located in the Aspen Ridge Estates Subdivision. Contract F.2 Construct One Well House and Water Treatment Facility on a site located in the Aspen Ridge Estates Subdivision. Contract F.3 Install approximately 6,225 LF of 16-inch.water main along Green Briar Road extended. Contract FA Construct a 2,000,000 Gallon Elevated Water Storage Tank on a site located in the York Wood Estates Subdivision. Contract F.5 Construct a Booster Pump/Pressure Reducing Valve Station on a site located in the Chally Farm development. VATNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A-PROFESSIONAL DESIGN ENGINEERING SERVICES The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations(such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. UNITED CITY OF YORKVILLE (Section A—Continued) 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. 'The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. UNITED CITY OF YORKVILLE (Section A—Continued) Amended 10190106 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s)as summarized in "Attachment A: Water Works System Improvements (Southwest Planning Area) — Project Schedule" dated October 10. 2006. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. SECTION B-PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the Contractor(s) as construction progresses to ascertain that the Contractor is conforming with the design concept. (a) ENGINEER shall have authority, as the OWNER's representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with,the Contract Documents). UNITED CITY OF YORKVILLE (Section B—Continued) (b) During such engineering review, ENGINEER shall have the authority, as the OWNER's representative, to disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER's undertaking hereunder shall not relieve the Contractor of Contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner, shall not make the ENGINEER an insurer of the Contractors performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Attachment B - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER's on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the Contractor, the ENGINEER: (a) Shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that,to the best of the ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER's review of Contractor(s)' work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions UNITED CITY OF YORKVILLE (Section B—Continued) or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer's construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal operation of the system. Such consultation and advice shall be.at the hourly rates as described in the attached "Standard Schedule of Charges", dated January 1, 2006 or as updated on an annual basis. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. UNITED CITY OF YORKVILLE (Section B—Continued) Amended 10 110106 15. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the Proiect schedule(s)as summarized in "Attachment A: Water Works System Improvements (Southwest Planning Area) — Proiect Schedule" dated October 10, 2006. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. SECTION C—COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of Four Hundred Nineteen Thousand and 00/100 - Fixed Fee (FF) Dollars ($ 419.000 FF)as summarized on Attachment C: "Summary of Compensation for Professional Engineering Services"dated October 10, 2006. (a) The compensation for the _professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for the preparation and submission to the OWNER and/or IEPA of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent(100%)of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. (3) The stated fixed fee value for each project will apply to all projects with a notice to proceed prior to April 30, 2007. The fee for each project will be increased by 5% per year for each project that proceeds after April 30,2007. 2. The OWNER shall compensate the ENGINEER for the administration of the construction contracts (Construction Administration) in the amount of_ One Hundred Eighty-Five Thousand and 00/100—Fixed Fee FF Dollars ($ 185.000 FF ) as summarized on Attachment C: "Summary of Compensation for Professional Engineering Services"dated October 10, 2006. UNITED CITY OF YORKVILLE (Section C—Continued) (a) The compensation for the construction administration services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-2 shall be paid in monthly increments for work actually completed and invoiced,for the administration of the construction contracts. (2) A sum which, together with the compensation paid pursuant to Section C-2(a)(1) above, equals one hundred percent(100%) of the total compensation due and payable in accord with Section C-2 above, shall be due immediately after the final Contractor pay-out is processed. (2) The stated fixed fee value for each project will apply to all projects with a construction initiation prior to April 30, 2007. The fee for each project will be increased by 5% per year for each project that proceeds after April 30, 2007. 3. The OWNER shall compensate the ENGINEER for the construction staking and drafting, construction observation (including the Resident Construction Observer), and the additional consultation and surveying services (summarized in Attachment C) on the basis of Hourly Rates- HR as described on the attached "Standard Schedule of Charges" dated January 1, 2006 or as reevaluated on May 1 of each following year. The estimated values, based on the current schedule, are included in Attachment C. (a) The compensation for the construction staking. construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. (2) On May 1 of each calendar year, the"Standard Schedule of Charges"-may be reevaluate by the ENGINEER to account for cost of living and/or cost of engineering service changes in subsequent years. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. UNITED CITY OF YORmLLE SECTION D—ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size,complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER's needs such as owning and operating analysis, plan for operation and maintenance, OWNER's special operating drawings or charts, and any other similar analysis. UNITED CITY OF YORKVILLE (Section D—Continued) 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor,and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by(1)work damaged by fire or other cause during construction, (2) defective or incomplete work of the Contractor, and/or(3)the Contractor's default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section F—SPECIAL PROVISIONS—Owners Responsibilities. Payment for the services specified in this Section D shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in Section D shall be at Actual Cost(AC), Fixed Fee (FF)or Hourly(HR). SECTION E-INTEREST ON UNPAID SUMS OWNER shall make all payments to ENGINEER in accord with the requirements of the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq., including but not limited to the penalty provisions contained therein. SECTION F-SPECIAL PROVISIONS 1. OWNER'S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER's requirements for the Project. (b) Designate a person authorized to act as the OWNER's representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER's services. UNITED CITY OF YORKVILLE (Section F—Continued) (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the Contractor. (e) Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) In the event that the OWNER shall bring any suit, cause of action or counterclaim against the ENGINEER, to the extent that the ENGINEER shall prevail, the party initiating such action shall pay to the ENGINEER the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the ENGINEER indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. (g) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. (h) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER's performance of services under this Agreement. (i) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the Contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. All original documents, including but not limited to ideas, designs, drawings and specifications, are to remain the property of the ENGINEER, however, the ENGINEER shall provide signed duplicate originals of same to the OWNER. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. UNITED CITY OF YORmLLE (Section F—Continued) 3. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 4. Extent of Agreement - This Agreement represents the entire and integrated Agreement between the OWNER and the ENGINEER and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by the OWNER and the ENGINEER. 5. Governing Law- Unless otherwise specified within this Agreement, this Agreement shall be governed by the law of the principal place of business of the ENGINEER. 6. In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. 7. The ENGINEER has not been retained or compensated to provide design services relating to the Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required by the Contractor to perform his work but not relating to.the final or completed structure; omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 8. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 9. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost estimator. UNITED CITY OF YORKVILLE (Section F—Continued) 10. TERMINATION (a) Should the OWNER decide to abandon, discontinue, or terminate the Project at any stage of development, the ENGINEER shall receive seven (7)days written notice and be compensated for their services through the appropriate fee schedule provided for in the Agreement to date of abandonment, discontinuance or termination. (b) In the event the project is delayed for causes beyond the control of the ENGINEER for a period of six months or more, the ENGINEER shall be paid for his services to the beginning of the delay on the basis of actual cost plus 125%to cover profit, overhead and readiness to serve-"actual cost' being defined as material costs plus actual payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expense will be reimbursed to the ENGINEER at his actual cost. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below. (SEAL) OWNER: United City of Yorkville GOP By ATTEST Print Name Arthur F. Prochaska, Jr. Print Name Ms. Jackie Milschewski Title Mayor Title City Clerk Date (SEAL) ENGINEER: Engineering Enterprises, Inc. By ATTEST Print Name Jeffrey W. Freeman, P.E. Print Name Ms. Angie R. Ford Title Vice President Title Secretary Date ATTACHMENT A: WATER WORKS SYSTEM IMPROVEMENTS(SOUTHWEST PLANNING AREA) AMENDED: 10/10/06 6/01106 PROJECT SCHEDULE United City of Yorkville,Kendall Co.,IL CONTR. 2006 2007 2008 NO. PROJECT(S) WORK ITEMS A S O N D J F M A M J J A I S O N D J F I M A I M J J F.1 Well No.13 Site Selection/Acquisition Design IEPA Plan Review Bidding and Contracting Construction Sampling and Testing F,2 Well No.13 WTP Site Selection/Acquisition Design IEPA Plan Review Bidding and Contracting Construction F.3 Greeen Briar Road Easement Acquisition WM Design IEPA Plan Review Bidding and Contracting Construction F.4 2.0 MG Elevated Water Site Selection/Acquisition Storage Tank EWST Design IEPA Plan Review Bidding and Contracting Construction F.5 Booster PumplPressure Site Selection/Acquisition Reducing Valve Station Design IEPA Plan Review JBidding and Contracting Construction G:\Publlc\Yorkville%006\Y00621 Contract F.1-Well No.13\Doc\j$chedu1e.xls]Revised 10.10.06 LEGEND Notes Prelim.Eng./Report Work -Design initiation assumes that the site geometry,proposed topography,and utility Site Selection/Acquisition connection information is available. Easement Negotiation -Construction initiation assumes all required easements are received Design -The schedule assumes power will be available at all of the sites at least one month Agency Review prior to the WTP being placed on-line. Bidding and Contracting -The schedule assumes that the connecting water main,storm and/or sanitary sewers Englnssring Construction will be extended to the site(s)at least one month prior to the WTP and EWST Entsrprlwss. Sampling and Testing being placed on-line. Inc. UNITED CITY OF YORKVILLE ATTACHMENT B to Agreement for Professional Engineering Services THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER's agent in all matters relating to on-site construction review of the Contractor's work, shall communicate only with the ENGINEER and the Contractor (or Contractors), and shall communicate with subcontractors only through the Contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the Contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer's duties are any review of the Contractor's safety precautions, or the means, methods, sequences, or procedures required for the Contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by Contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. (c) Liason: (1) Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. 1 UNITED CITY OF YORKVILLE (Attachment B—Continued) (2) Assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information,when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (1) Receive and record date of receipt of Shop Drawings and samples. .(2) Receive samples that are furnished at the site by Contractor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and Contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or has been damaged prior to final payment, and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and.maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that Contractor maintains adequate records thereof, observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. 2 UNITED CITY OF YORKVILLE (Attachment B—Continued) (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to Contractor ENGINEER's clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain.at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site,weather conditions,data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (3) Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and Contractor's compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. 3 UNITED CITY OF YORKVILLE (Attachment B—Continued) Q) Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and fumished by Contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (1) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. (2) Conduct final review in the company of ENGINEER, OWNER and Contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. GAPubhc\Yorkvil1e\2006\Y00621 Contract F.1 -Well No. 13\Doc\agreement revised.doc 4 ATTACHMENT C: SUMMARY OF COMPENSATION FOR PROFESSIONAL ENGINEERING SERVICES AMENDED 10/10/06 sn/os S.W. INFRASTRUCTURE IMPROVEMENTS City of Yorkville,Kendall Co.,IL DESIGN AND CONSTRUCTION ENGINEERING CONSTRUCTION CONSTRUCTION STAKING DESIGN ENGINEERING ADMINISTR. AND OBSERVATION Contract=FF) (Contract=FF) (Contract=HR) Estimated Total %Of Constr. Constr. Constr. Total %Of Constr. Design Constr. Administration Staking&Drafting Observ. Constr. Constr. Contract Project Costs Expenses Cost Expenses Expenses Expenses Expenses Cost F.1 Well No.13 $704,000 $40,000 5.7% $30,000 $2,000 $30,000 $62,000 8.8% F.2 Well No.13 Water Treatment Plant $2,893,880 $190,000 6.6% $70,000 $15,000 $90,000 $175,000 6.0% F.3 Offsite Water Main $591,375 $44,000 7.4% $16,000 $8,000 $20,000 $44,000 7.4% F.4 2.0 MG EWST $3,564,000 $105,000 2.9% $53,000 $10,500 $53,000 $116,500 3.3% F.5 BP/PRV Station $500,500 $40,000 8.01/6 $16,000 $5,000 $14,000 $35,000 7.00/6 G:\Pub1Ic\Yorkvi11e12006\YO0621 Contract F.1-Well No.130ocIfee inventory.xls]Revised 10-10.06 ADDITIONAL CONSULTATION SURVEYING,AND TESTING SERVICES Estimated Contract CONTRACT DESIGNATIONS Service Costs T e HR=Hourly Rate With Estimated Fee Flood lain and/or Wetland Permitting $25,000 HR FF=Fixed Fee Easements and Legal Surveying $10,000 HR AC=Actual Cost Subsurface Soils Investigation&Material Testin t $35,000 AC TOTAL ENGINEERING CONSULTATION: $70,000 -- Notes: Subsurface soils investigation and material testing costs are estimated; Work to be completed by another company with EEI coordination The F.3-Off-Slte Water Main fees(shown in bold/italic text)were revised due to the change in scope of the off-site water main project. ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL 52 Wheeler Road •Sugar Grove, IL 60554 TEL: 630/466-9350 it, STANDARD SCHEDULE OF CHARGES FAX: 630/466-9380 ww eeiweb.com January 1, 2006 vr Engineering Enterprises, Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $144.00 Senior Project Manager E-2 $132.00 Project Manager E-1 $120.00 Senior Project Engineer/Surveyor P-5 $108.00 Project Engineer/Surveyor P-4 $ 99.00 Senior Engineer/Surveyor P-3 $ 90.00 Engineer/Surveyor P-2 $ 81.00 Associate Engineer/Surveyor P-1 $ 72.00 Senior Project Technician T-5 $ 99.00 Project Technician T-4 $ 90.00 Senior Technician T-3 $ 81.00 Technician T-2 $ 72.00 Associate Technician T-1 $ 63.00 Secretary A-3 $ 72.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $120.00 2 Man Field Crew with Standard Survey Equipment $183.00 1 Man Field Crew with RTS or GPS* $150.00 2 Man Field Crew with RTS or GPS * $213.00 Vehicle for Construction Observation $ 12.00 In-House Scanning and Reproduction 0.25/Sq. Ft. Black&White) 1.00/Sq. Ft. (Color) "RTS=Robotic Total Station 1 GPS=Global Positioning System G:\EEIU7ocs'sFor:rs;GeneraltSSC-Std Schedule of Charges\STAOSO106.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying Personnel, Positions & Classifications James K.Michels,P.E. E-3 Jason P.Nemeth,P.E. P-5 Kurtis T.Muth,E.I. P-3 Chief Executive Officer Senior Project Engineer Senior Engineer Peter G.Wallers,P.E. E-3 Yitang Lu,P.E P-5 Gregory A.Chambers T-5 President Senior Project Engineer Senior Project Technician(Field) David R.Burroughs,P.E. E-3 Stephan W.Grabowski P-5 Steven Gozner,III T-5 Senior Vice President Senior Transportation Planner Senior Project Technician(CAD) Bradley P.Sanderson,P.E. E-2 David A.Kaman,P.E. P-5 Robert C.Watts T-5 Vice President Senior Project Engineer Senior Project Technician(Field) Jeffrey W.Freeman,P.E. E-2 Scot H.Prindiville,P.E. P-5 David S.Stewart T-5 Vice President Senior Project Engineer Senior Project Technician(Field) Ronald G.Naylor,P.E. E-2 Julie A.Morrison,P.E. P-5 John W.Lussow T-5 Senior Project Manager Senior Project Engineer Senior Project Technician(Field) John T.Whitehouse,P.E.,P.L.S. E-2 Jason M.Bauer,P.E. P-5 Lenard E.Lynn T-5 Senior Project Manager Senior Project Engineer Senior Project Technician(Field) William E.Dunn,P.E. E-2 Michele L.Piotrowski,P.E. P-5 Robert B.Seliga T-5 Senior Project Manager Senior Project Engineer Senior Project Technician(CAD) Thomas W.Talsma E-2 Terry M.Heitkamp,P.E. P-5 William C.Pierson T-4 Senior Project Manager Senior Project Engineer Project Technician(CAD) Timothy P.Farrell,P.E. E-1 Rebecca L.Nelson,P.E. P-5 C.Larry Nolan T-4 Project Manager Senior Project Engineer Project Technician(CAD) Timothy N.Paulson,P.E. E-1 Todd A.Wells,P.E. P-5 KrIstopher K.Pung T-4 Project Manager Senior Project Engineer Project Technician(CAD) Kevin S.Bomstad,P.E. E-1 Timothy V.Weidner,E.I. P-4 Ryan M.Christoffei T-3 Project Manager Project Engineer Senior Technician(Field) Robert G.Walker,P.E. E-1 Nathaniel J.Koehneke,E.I. P-4 Joshua M.Boatman T-3 Project Manager Project Engineer Senior Technician(Field) Edward J.McCall,P.E. E-1 Stephen T.Dennison,E.I. P-4 Matthew R.Blackburn T-3 Project Manager Project Engineer Senior Technician(Field) Mark G.Scheller,P.L.S. E-1 Amy L.Sellner,E.I. P-4 Angela R.Ford A-3 Project Manager Project Engineer Administrative Assistant Quentin C.Clark,P.E. E-1 Walter D.Chornomaz,E.I. P-4 Deborah R.Malek A-3 Project Manager Project Engineer Administrative Assistant Scott A.Swanson E-1 Steven J.Vassos,E.I. P-4 Denise M.Thelander A-3 IT Manager Project Engineer Accounting Assistant James G.Galas E-1 Sean W.Mikos,E.I. P-4 Nicole M.Morris A-3 CAD Manager Project Engineer Accounting Assistant Denise M.Migliorini E-1 Thomas J.Green,P.E. P-4 Angela D.McCoy A-3 Treasurer&Vice President Project Engineer Accounting Assistant Edward S.Wedeking E-1 Jerri K.Ziegler P-4 Stacy L.Nilsen A-3 Chief Financial Officer Marketing Director of Office Manager/Hampshire Technical Services Mark C.Weber,P.L.S. P-5 Senior Project Surveyor Bobbi M.Erdmann P-4 Marketing Director of Christopher E.Peterson,P.L.S. P-5 Business Services LEGENIk RE.Prot a[Engineer Senior Project Surveyor P.L.S.6 PrufesslonW Land Surveyor. Andrew J.Tercha r E.I. P-3 F-1..-Surveys`IMem S.I.�Survyyq iMem Andrew R.Deitchman,P.E. P-5 Senior Engineer E:E�nme Senior Project Engineer 9 ineer P Professional T m Teeht" A a AriMnishallvy 8/5/OS -PW ��p Ctry Reviewed By: City Council Legal ❑ Finance El, (606 Enginee "' Agenda Item Tracking Number •�, City Administrator ❑ �^ O Consultant ❑ w City Council Agenda Item Summary Memo Title: Speedway Redevelopment—Sidewalk Agreement City Council/Committee of the Whole Date: 10/17/06 Committee of the Whole Synopsis: This agreement allows the construction of the sidewalk along this property's Route 47 and Fox Road frontages to be delayed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve the agreement and authorize the City Administrator to sign the document. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Jz o� United City of Yorkville Memo 800 Game Farm Road EST 1 r,. ,a3s Yorkville, Illinois 60560 Telephone: 630-553-8545 ; p Fax: 630-553-3436 Date: October 6, 2006 To: John Crois, Interim City Administrator''\\ From: Joe Wywrot, City Engineer U CC: Lisa Pickering,Deputy City Clerk Subject: Speedway Redevelopment—Sidewalk Agreement Attached find one copy of the proposed sidewalk agreement for the referenced development. This agreement allows the property owner to delay the construction of public sidewalk along its Route 47 and Fox Road frontage until one of the following items occurs: • Completion of the Route 47 improvements. • Prior to the property being sold. • Within 6 months of a written request from the city to construct the sidewalk. I recommend that this agreement be approved and recorded against the property. Please place this item on the Committee of the Whole agenda of October 17,2006 for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) SIDEWALKS INSTALLATION COVENANT WHEREAS, the undersigned, . Speedway SuperAmedca LLC, (hereinafter referred to an "Owner/Developer"), is the owner of the real property upon which is now situated an improved structure (hereinafter referred to as "Property") described in the Exhibit"A", attached hereto and incorporated herein by reference; and WHEREAS, said Property located at 504 S. Bride and SR 47 and Fox Street in the United City of Yorkville, Kendall County, Illinois is zoned ; and WHEREAS, the United City of Yorkville has/will heretofore issued a building permit for the construction of the improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the frontage of the Property adjacent to Illinois Route 47 and Fox Street; and WHEREAS, at the present time, public sidewalk does not exist on Illinois Route 47 and Fox Street in the general vicinity of the subject property and the undersigned, as the owner, has requested the United City of Yorkville that it be permitted to defer the installation of the sidewalks; and WHEREAS, the United City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of this sidewalk on the Property in further accordance with the provisions of this Covenant. NOW THEREFORE, the undersigned Speedway SuperAmerica LLC does herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building permit for the commercial building located on the real property described in Exhibit"A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the frontage of the Property along Illinois Route 47 and Fox Street in accordance with the O-:J nances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a)when sidewalks are extended along Illinois Route 47 and Fox Street by others to the edge of the subject property or (b) prior to the Property being sold or (c) within six (6) months written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. JJJN WITNESS WHERE F, the undersigned have executed this Covenant this a?rk day of , 2006. Speedway SuperAmerica LLC Owner/ Developer: r J. T organ Vi " resident—Operations Q iQ F�11 Date: ;(a X/0 �-- APPROVED and ACCEPTED UNITED CITY OF YORKVILLE By: City Administrator EXH I -1- A LEGAL DESCF-� I RTION 11 E ) .......... ---------- ------ --R OF SEUK' N 3.�--), AND THAT PART OF THE '--OU­l!­I--IEAc--jT QUARTE r ,1- 1 \ f THE SOIJT*I--IWEST QUARTER OF SECTION 33, TOWNSHIP 37 NO1`0E-H , RANGE 7 EAST 0,- THE HE THIRD PRINCIPAL 1,,v1ERIDIAN , DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERS)FCTION OF THE SOUTH I INE (--.)F VAN EMMON STREET, WITH THE ',,NEST LINE 01' I-- F j -' WEST HELJSTIS STR� E-l ; THENCE SOI.-JTI--I 5' 05' WEST Al ONG THE LINE OF HELjSTI'S� STREET, 314.30 FEET; THENCE NOR FH 82* 39' WEST WEST 227 FEET; THENCE SOUTH Y 44' WEST -/63.5 FEET; Tl--IENC' L L -'T 228 FEET FOR THE POIN**I- OF BEGINNING; N(')RTH 83' 00' WE'-,.Dl BEGINNING; THENCE NORTH 7' 17' =aST 4. 14 FEET; THENCE NOR-I'H 81 ' 19' (-))6)' WEST 103.84 FEET J-0 THE EASTERLY LINE OF STATE ROUTE NUMBER 4 - THENCE SOUTHERI.-Y ALONG SAID EASTERLY LINE BEING ALONG A 7, 1-L "D CURVE i 70 I R -HE RIGHT 1--IAVING A RADI[_j r, OF 6915.515 FEET; A DISTANCE OF 207.97 FEET TO THE NORTH LINE OF FRANKLIN STREET; THENCE L SOUTH 82' 48' EAST* ALONG SAID NORTH LINE 112 FEET TO A POINT '-.,)OUTI--1 -/'* 17' WE OT FROM THE POINT OF BEGINNING; TI--IrL-N,--:E NORTH T 7' 17' EAST 200.96 FEE---r I0 ME POINT OF BEGINNING IN THE VILLAGE OF YORKVILLE, KFNDAI.,-I.-. COUNTY, JLLINOIS- TW C/Ty Reviewed By: ♦ Legal City Council ❑ Finance ❑ Esr 1 leas Engineer ( ►�I b IU 6 -� Agenda Item Tracking Number y City Administrator ❑ p Consultant ❑ � � �kE �V City Council Agenda Item Summary Memo Title: Speedway Redevelopment-Plat of Easement City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This plat of easement is for existing,proposed, and future onsite utilities. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road seas Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <LE Date: October 6, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer � U CC: Lisa Pickering, Deputy City Clerk Subject: Speedway Redevelopment—Plat of Easement Attached find one copy of the proposed plat of easement for the referenced development. This plat dedicates easements over existing and proposed utilities, and also dedicates new perimeter easements based on the future IDOT right-of-way line. There is one minor change required with the city clerk signature block; that block is to be merged with the Mayor's Certificate. I recommend that this plat be approved subject to staff comments and recorded. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration. Aeilb OF EA EMENT NORTH � PLAT MAYOR CERTIFICATE a*tw sJr Ye STATE OF IWNOIS) SCALE: 1" 20' COUNTY OF KENDALL)SS BEARINGS ARE FOR ANGULAR REFERENCE ,91•.. ONLY AND ARE NOT RELATED TO TRUE �•N' �N ,J,i, , -T PUBLIC UTIUTY&DRAINAGE EASEMENT DESCRIPTION APPROVED BY THE MAYOR OF THE CITY OF YORKVILLE,KENDALL COUNTY,X.LINgS. OR MAGNETIC NORTH R 'A`NEUSAS ST/F1.2-/- • TOWNSHIP 37NORTH,THAT PART OF THE RANGE 7 EAST OF THE THIRD TER OF PRINCIPAL MERIDIAN,DESCRIBED QUARTER 32 AND THE SOUTHWEST FOLLOWS: ?7$pj' COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF VAN EMMON STREET WITH THE WEST LINE OF DATED AT YORKVILIE,IWNOIS,THIS DAY OF 20_ ,t.��,�_N�8-r-00' 6. S Gb'yAra HEUSTIS STREET; THENCE SOUTH 05 DEGREES 05 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF 4 y 60 HEUSTIS STREET,314.30 FEET. THENCE NORTH 82 DEGREES 39 MINUTES 00 SECONDS WEST,227.00 FEET; E THENCE SOUTH 05 DEGREES 44 MINUTES WEST 263.50 FEET; THENCE NORTH 83 DEGREES 00 MINUTES WEST, 228 FEET TO A POINT ON TH.':WEST LINE OF BELL STREET ALSO BEING THE POINT OF BEGINNING: THENCE MAYOR SOUTH 07 DEGREES 16 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF BELL STREET,190.77 FEET; THENCE SOUTH 49 DEGREES i4 MINUTES 31 SECONDS WEST,11.21 FEET TO A POINT ON THE NORTH LINE OF s�22 ' FOX E LINES 79.03 F(EET;;NKLIN STREET); THENCE THENCE NORTH 34 DEGREES 55 IH 83 NUTES 49 SECS 00 ONUTES 49 NDS S WEST,,112.09 FES ET;THENCT E SAID SOUTH 83 9,Q,jy DEGREES 00 MINUTES 49 SECONDS EAST,79.66 FEET; THENCE NORTH 07 DEGREES 16 MINUTES 00 SECONDS EAST,32.49 FEET; THENCE NORTH 30 DEGREES 11 MINUTES 24 SECONDS WEST,24.66 FEET; THENCE NORTH CTM CFRTIFICAIE S07D1%4''N 4111' 07 DEGREES 16 MINUTES 00 FECONDS EAST,123.00 FEET; THENCE NORTH 81 DEGREES 22 MINUTES 05 SECONDS WEST,59.76 FEET; THENCE SOUTHWESTERLY 137.18 FEET ALONG A CURVE TO THE RIGHT HAVING A STATE OF IWNOIS) -, -- N$jtviv.6, N RADIUS OF 6892.87 FEET(CHORD BEARS SOUTH 09 DEGREES 00 MINUTES 41 SECONDS WEST,137.17 FEET; COUNTY OF KENDALL)SS �•-• `, THENCE SOUTH 17 DEGREES'6 MINUTES 28 SECONDS WEST, 7.19 FEET; THENCE SOUTHWESTERLY 30.64 FEET `""`-- - ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 6891.89 FEET(CHORD BEARS SOUTH 09 DEGREES 46 C ~fig ',f' `fie' MINUTES 05 SECONDS WEST, 30.64 FEET), THENCE NORTH 34 DEGREES 55 MINUTES 49 SECONDS WEST,12.78 APPROVED BY THE CITY CLERK CF THE CITY OF YORKVILLE,KENDALL COUNTY,IWNgS I� `dTTP' `. - PL�IVT Q` NINve l FEET; THENCE NORIHEASIT:RLY 185.66 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6882.89 FEET 10:00 Irv;.--�- Peelle U'�1' (CHORD BEARS NORTH 09 DECREES 02 MINUTES 50 SECONDS EAST,185.65 FEET); THENCE SOUTH 81 DEGREES DATED AT YORKVILLE,IWNDIS,THIS DAY OF 20 . ,• L.ANAGL�'&150ENT 22 MINUTES 05 SECONDS EAST.99.37 FEET TO A POINT ON THE WEST UNE OF BELL STREET; THENCE SOUTH W 07 DEGREES 01 MINUTES 14 SECONDS WEST ALONG SAID WEST UNE,4.21 FEET TO THE POINT OF BEGINNING,IN I ' KENDALL COUNTY,IWNOS. !� r CITY ENGINEER i - KENDALL COUNTY GYEHM'S CERTIFICATION AC STATE OF ILINOIS) C C > SS COUNTY OF KENDALL) OWNERS cBtnFlDAg I. COUNTY CLERK OF KENDALL COUNTY,IWNOIS,DO HEREBY STATE OF IWNOIS) 44 2 I CERTIFY THAT THERE ARE NO OEUNOUENT TAXES,NO UNPAID FORFEITED TAXES,NO UNPAID CURRENT GENERAL COUNTY OF KENDALL)SS f TAXES AND NO REDEEMABLE TUC SALES AGAINST ANY OF THE LAND INCLUDED IN THE ANNEXED PLAT. k. ( AS OWNER/OWNERS,DOES HEREBY CERTIFY ,4 rA0-68926:9' WGy137.19' i "" GIVEN UNDER MY HAND AND S=AL AT,KENDALL COUNTY,IWNOIS,THIS DAY OF THAT IT IS AS SUCH OWNER THE HOLDER OF THE RECORD 11111 TO THE ABOVE DESCRIBED PROPERTY AND �Fy_� f�S 091R7Y1'M �+{ 144 THAT IT HAS CAUSED SAID EASEMENT TO BE GRANTED AS SHOWN ON THE PLAT HEREON DRAWN FOR THE USES 14 `�/ W 7-lJ7.IY MD PURPOSES THEREON SET FORTH. O O DATED THIS DAY OF 20_ RAE 26' ' ARGi191 f� L W ! CR-II 09A7O'E 8 • COUNTY CLERK 47=/85.65' b Ocl - 'b k BY: V if a y OWNER/OWNERS I ik h 33,02 STATE OF IWNOIS) W COUNTY OF KENDALL 7STATE OF IWNOIS) NOTARY CER1FlCATF COUNTY OF KENDALL)SS 4 ;`- 4%. THIS INSTRUMENT WAS FILED FOR RECORD IN THE RECORDER'S OFFICE OF KENDALL COUNTY, wd ILLINOIS,ON THE DAY OF AD..20_AT_O'CLOCK_M.AND WAS `'C'F RECORDED IN CABINET_GF PLATS AT SLOT I. STATE OF IWNOIS,HEREBY CERTIFY THAT ,A NOTARY PUBLIC IN AND FOR SAID COUNTY,IN THAT / WHOSE NAMES ARE SUBSCRIBED TO THE S 4'776'16'w 7.19' 144 FOREGOING BE KNOWN TO ME AS SUCH OWNERS. ' -.."\k _� KENDALL COUNTY RECORDER DATED THIS _ SAY OF 20_ 1 S,' _ SLOP RAD-891.89' S.) BRAG'J/M/TY&L44,4IVACE EASE7lNT(M9 EBY E)2WIIDf I ARC-.R264' t r- NOTARY PUBLIC 4i?S 09'4'6}25'N' PRIM OUR NO DRAINAGE EASEMENT Fnwvwrs CO-Ja64'' i r A xw4-ocaus10 EAI 41 IS HEREBY 105044410110 NC GRANTED TO 1W UNITED CITY OF rwa�LUNGS 10 mr,�cr, MY COMMISSION EXPIRES W INSTALL1 II SERBS SNNf REPAIR, S SGS E7FCINE T 1E1101WiE,,CABLE IMO INSPECT F/CILMES SEMMIR 9 M TRANSINSSCR X100 NPT AFPUR1D ANT 01511WirlICH OF LATER. N 34'55479' 1276 �Q 15 Op FACILITIES 11EREm,INTIM THE AREAS 94DNN NIDE PUT AS TURD UTILITY I DRAINAGE EASOEM1.1OEDER MIM A RIGHT OF ACCESS 11E1E114 FOR 114(PERSONNEL NO hillik,--cr,cp.. � to UMTEO MOUE.NO IT5 A0M1S 9 CCESSG6 NO TA55NM IA41 P1091 NGDEDS OF E NSIUG FRANOISES IEM 1WQTY m OCCUPY SAO EASEMENTS SAD HOLDERS 84546 901ND BY 114 TERMS DE97iBED N T ESE EASEMENT PROVl90NS ..�S dTfkM(q�E- O I WE.W-T LAND SURVEYING,INC.IN ACCORDANCE WITH THE 1 N T, 7S?66• THE NEVE NAILED ENSIES ARE HEREBY(RANTED 14E 14041 m ENTER LUN EASEMENTS HERON mom=FOR 14E USES PA 87-0705(THE PLAT ACT)SO HEREBY DESIGNATE SURWYCRS CERTIFICATE ' '�' �� J2rr HELEN SET FORTH NO AVE RIGHT m CR.Dill.OR IEMOVE ANY 11 415.SNUBS GRKNITSLA OTHER R75 TN THE REAS STATE OF IWNOIS) /Zap' ,.1 » ._J DENGIAIED As RUHD mull'NO GWIALE FA9MEIEY MN01 METER(NTH 1W coNsmcRON,NSFNUI(N. ) /Vetr .5.9 M' m g` ,i. 61091 G4.REPAR REMOVAL.ROL/ZOEMT.YV FNAND:NC OPERATION CF TE R UNDERGROUND LINO COUNTY OF COCK SS Ir OSTIOLM N 511105 NO FACILITES APHN104941 TOET0 NO PEAYNONT BOLEROS 51916TAM OR OBS1RUC1)06 SHALT 79,O ff, 11' BE CONSTRUCTED RI,UPON.CR OVER LINT AREAS DE90AAIED AS TESD UTILITY t GARAGE EASEMENT',Ort 9 /I NETS MAY WE W-T LAND SURVEYING,INC DC HEREBY STATE THAT THIS MAP OR PLAT THEREON DRAWN WAS COMPILED BE USED FOR 94ODGS SHRUBS.TINES,1.9OSCAP14,OEIEMAYS.AND OTE0 RELATED PURPOSES THAT DO NOT INREASNABLT MENDE INTI THE USES 1EwN DESCRIBED. AS THE PERSON 11410 MAY RECORD FROM EXISTING SURVEYS AM)INSTRUMENTS OF PUBLIC RECORD FOR THE PURPOSE INDICATED HEREON. 1W 000UPAT IN NO USE OF 11E 11011-ETC191E EA4RONT HERON WNNED NO RESERVED FOR TE MOW NAMED 0.1115 BY EACH O RICH 04111 S WALL BE DOE N 9304 A MANNER SO AS NOT TO NTEAFERE NTH OR PRECLUDE 111E ODUPIINN NO 119:TENTING"BY STIR ENDTES FGR MRCS SUCH EA1ON15 ARE GRNITED NO ROOKS TN(ROMIG NO A TRUE COPY OF WHICH HAS BEEN RETAINED BY US TO ASSURE RECROSSING OF SAD FASE]O915 BY 14E ABOVE LINED ENTITIES 91A1.EE OOZE N 9101 A ENDER SO AS NOT 10 NIOFIIE ND(]TALIONS HAVE BEEN MADE TO SAID PLAT. DATED THIS DAY OF 20� MUILNE AREWT OF NAY AAC47RW N1I1 DNIAQ OR DISTURB NIT TRANR69GR NO DISTRIBUTION SSIOS AND FAELTE5*P149411 AV THERETO EMIT*INTIM F O 1W LCADSEASEMENTS BEND TGECROSSEDC OR .NO USE GRDE SU TA C SAO FE PATTERN BY TE ABOVE NANO/DITTIES DATED A.D. 9441 CAUSE ANY CNNAQ N CANE GR NPM.OR DANE TIE RATAN F SAO EASEMENTS (PRA Niri N T E E FC ANTED, NPI TT m BE PERFORMED BY IN OWUNTCITY 1 SUKWIERFACE N,IE OION75E or D1 EUT OT IRONED HELEN S GRANGE.SAO O11•sCR1 LAVE M O91II MM 0011 T 9BFAa,LAND OR S PCLUDINGTN MO NOT EARED TO NE RESTTHAT SAID O TNN.LL BE GR 90(8 4901 O PRESOH LILT,CUM,INTERS.1)4415.UTE OR 990 Y.RE/CH D,HOWCREATED R.50 TAT TRE SAID TO L SLUT BE NIGIN,Fa1EEnc RNLI MARTENANCH O DOF 1090,ND MORD AL1 TRE/CH CEA m m As m ILLINOIS PROFESSIONAL DESIGN CORPORATION NO. 184-001108 LLJNOIS PROFESSIONAL DESIGN CORPORATION NO.184-001108 ETI TITAN 9ATARE DRNNAQ m COLD PATDI NAY A951ALT ON CONCRETE SUEAE{m IME Ni DRESS Ona NO NO m IFAVE THE YANTFNMICE NEA M A W W1r CHEW No MOEOMNIQ OGOIiIOI. o = c_ C) 0 (/) D W-T LAND SURVEYING, INC. REVISIONS DATE BY vo m m A y rD -{ LAND AND CONSTRUCTION SURVEYORS ISSUED PRELIMINARY PLAT FOR REVIEW 10/3/06 MO m RJB .'.` ., PRELIMINARY 504 SOUTH BRIDGE STREET 39 E.Scut'brie - - Sd,aumbury,Linos 60193 �I o, o PLAT OF EASEMENT YORKVILLE, ILLINOIS PH.(847)8�-03744 FA:(844)885-0981 _ r,Te ri m ca 01 ; It \ IL.License No.:184-004387 Exp:04/30/07 V ;Og NI co/ COPYRIGHT G 2006 W-T LAND SURVEYING.INC. - Reviewed By: Legal ❑ City Council yeas Finance ❑ EMSE 1 Engineer � City Administrator E] Agenda Item Tracking Number "'�O Consultant ❑ LE City Council Agenda Item Summary Memo Title: Speedway Redevelopment—Plat of Dedication City Council/Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This plat of dedication is for public right-of-way at the SW corner of the Bell Street/Fox Road intersection. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 '<cE' Date: October 6, 2006 To: John Crois, Interim City Administrator \\ From: Joe Wywrot, City Engineer L) CC: Lisa Pickering, Deputy City Clerk Subject: Speedway Redevelopment—Plat of Dedication Attached find one copy of the proposed plat of dedication for the referenced development. This plat dedicates a corner cut at the SE corner of the property for the Bell Street right-of-way. This corner cut was identified for acquisition by EEI during their Intersection Design Study for the Route 47/Fox Road intersection. The proposed dedication meets our needs on Bell Street. I have suggested to the property owner that they modify the plat to include right-of-way dedication on Route 47 to IDOT. They may do that as part of this plat or part of a separate plat. I recommend that this plat be approved subject to staff comments and recorded. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration. 0 X As 31 3 t2 X INS�E IN P R 16 big In I z is 13 8 cs is Ic BE z 0 cc 0 z 2 ;p %fl 1 -0 z i z .4 zis !g:,-,Spp "Wt F, :3 1 &P S2 6 . .13 PP4 -wo xg 5 X I g 6 gg�i 5 z 0 111IR-, Z� 9 i§6 12 Nil 58 >1 Z; ;19 FAB 6 g Z;t 0 -<z9 F_ Nil Ld ;-x Ld NEW f?� U) LU ns-2 A 8x 9;�-;!Ygl.i I�p I I za jq�x g Pwr is ti L, b U) R!j !i z W tz < In a; 9 " I § 0419zffix 6;i Lq mi ! M_ XIX..�se 16-9- - �z _. w d I -X1 7 7.9,g w 5 W Ld § Jw M LL .4ry 641 m 9 9 O.-VAeo s .ik t4 =) 41 -R 0 I cf) 0 L0 4f 4 C3 7 7.9 z ............................ .............. 0 ........................................... ......... LL LU 0 aq. DATE 10/2/06 12 SCALE 1*-20' DRAW! MWO ej I kk CHECK FIM JOB SD6167 ............. SHEET OF ONE SHEETS PW ;- 1-7 Reviewed By: J� Q� Legal ❑ City Council 18 Finance ESI: ', �:_ �- 36 Engineer Agenda Item Tracking Number City Administrator ❑ .-�., / ( �a O Consultant ❑ W SCE w� City Council Agenda Item Summary Memo Title: Sunfield Restaurant—Plat of Easement City Council/Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This easement is for proposed sidewalk and future utilities. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CO.o United City of Yorkville Memo 800 Game Farm Road E k 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 �p Fax: 630-553-3436 SCE ��•�• Date: October 2, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City C k Subject: Sunfield Restaurant—Plat of Easement Attached find one copy of the proposed plat of easement for the referenced development, which is located at the SW corner of the Route 34/Marketplace Drive intersection. Easements are needed for a sidewalk along Marketplace Drive and an easement along the south property line for potential future utilities. I recommend that this plat of easement be approved and recorded. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration. � � . e, . »._ F NOW, .. W-11111 '. in,� � I k �x .. P�ar`�� , w ` WYE ► x 119 !"', r y , , ,, W , ��� " a iiiie, ial 21J�'t' %i ap� - ""'�.`*r.,,.`i"`., Pu GtDG EAS�nvst 11 p 1 SA 6 U ,�' sf t1t .r--.., w t7 errtrshery fQfi of + Lot„ - 11 "°`� € ! s i Ran9e 7 East;Pf 4,we i�fnGr >� �' �, ` .: theroof t�rcoiiiad"krh'?,,'.�. � f 1. 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N+ast + ofi+f.J 41 3� tT1F fhsnete 5tfufb 4 �sa� s--rt„ 7s a VV r to 0 f +-, w y;;, ©,, ¢ ,.xt tiny: df` -rrt ,mom, p� tfJf Ptr tk s arcs ut y orer s Ash " �.,, s frraraau+aadw,vnc s «avl tarn; . : sPf" at'8i: ±0+ 4 Lt7"!tJ' * �fzf. .�.�•Ja <t i , .. YA d t".XCfif #eaf-{ts the pokrt of�r S#rte Pf - ii, itillo3n-�v AT ih ,,, 'c at it s minty vi` ttrr�c#d 11 +€went,f", rThfe— re�fl� l ad ` �: a"� #t e rra irterrf pr' 1'r I gol of the #t A i rr tetrrsic "fin! i�r Jr rsdy resew jai rY�i t�L I Iii V1, er ,"eta �r 2 Ma ftor of Yoowl .�- to cone#rwGt, #" a ,WtreW ;waif:, w rr�e s fPf iris#" .., art t3 ib wtt# .. .� t, I'll/111 1-1 stpfi seta' ifar ,sewn t etec #eteph Is,1gi, ! .m'', tlrte -Pufef e/f �x txpt5ttf#erront fooftltrea thera#r> xxtiiltt%'t,4+t Dress shewn »or M 0*,* vrr�*01 rrx 'f9,ta"!+,�-ond,0-inayee 2`t serpent; t wrilr a,=rr'o - IN&xofa pl�i L+#ttf!Aw -4a , PrzQOaRS #hr10 ftrr the fefsr +nef'ondgctrprr>artt nac�t mart r9rqutrt di1 "f�tf'; ft trta + the tktiited� I ke e `dYyrin l " 9ae U,�, r,,Lt¢ s $saars orrd Y permrt. if etsfr�tg frcnchfses with, t/ta,." 1Qr""#fit t #a t=mot+ eo t, tf+ boft-hairhd'AP'JAw terms �'�� ✓-11=cDed rrt rite°L�asrentm► ! f a� obovtis ntrnasp tees„ bL' ''t7e right'€o+9A#a� a4 ' a Derr#heierd deanbsdr trees hexer s "'fv/si artd the tirrrre.xtf f + }” sr e}rreros or o#rer pl€traGs wrhJn #die tfre f . �t #ftr7rty on `'wh fre#daFdtxt +► tt #J cd fruc 7tK+rt, radoneA' epvi roomI a te3atnfenttnee ond"cpero arf ffiri rid traxlctn fernz`�irdd fists' tpttrtent". tt!trerrttonert# buff + , ,.!. State of Ntuxo. `- ;y sties#r er a s ractrnrrat rrH a arrrstrr cterJ r ups+; If r sss ., desrgnafarf as " ublla ;r�#d 0*04 'aosernen#'bird sum oreors r»aJ noun# of tfendtrrL :? users' Porxians t s,/andsfaplrfy driiwwt>ys and r?fher�-{ekrted i'll;� ses;'sfa of + txot rite;rr#ert"ere wfth the used hefe» tV fa m Safi, 0 'of 0,0,,u' s/t" 40! 'I?l F�oPPtr tkn,srt ±"o#a ?the Nrtn e ttsfPe'.�tsernent hererrr gfor�ted and Pfrto.the d!nflpd y f Y ? can .. .. t±?fir.; w u� u e r fof tits eatROtea � t+#doav,oy eoch,�such.en#tlfes;.sholf be x ;;�s�raut# f� f'ectasstr�z*1 r,Yt"* I SX ,.640 dam� �4W �11�atne ur h a Mo sd' trot to Interfere,elite or,omdut* i4 Ind puffreses;sofi.fp-t#P r. fft�t �but� pmts m r, fr x a #�j�, ,a +e+ � 'f— which such eagaera is L 1 z I 1,�� + to t i€nd reaerysvb 7 iw ur 'and fvorg+awing Of loafd easemon � d t a# t+ to N1rnPra #hrs y oe* .,. +aan?ad arr# sl kt 'i/Pne ,, h tt +aa5V so irs not � �.,'. rnt o , with *0#t #*,o dfsi+db oty tM,4Vntsskft end dra t systems I `11 apoto-, ftr oppwa#'fhewty existfny�rMhz the wed ,' E�"�� _ WARAamssed Pr fe�tr� No use or occur `rant of: '�?aff is#+� the �. oboe:eta sitoP'coax y cb wi m 3 v4pir or,;gyp fr+�, tfre�gitffabe n #►raga foi/t+wmy+ny'ei tk #o.!rP t e , ,!,bv s"' 'Itp rrf Y kr the prercfse of If easenrerfL rrghfs bn'gm:�tedfo#e tfrrs. ,I 11 scrxf h 044 »#i,abtlPGff�n with�t t» rtes;s� tamtxm; �puPt� of�� , Wig' ./rot A,it to,, the MWOrsi c,+ arf,"vf'rep toes srtd of. ,,_ / , gXX afOR �, ✓te trues,„ #n'•ar,sftrubbery r? !decf ever, shot .' _ Nofa Pudtfc Lrr and fm the runo,tavd'slab 11 L Y. ,.�tt w/nq ,rr?°Irttart�e:�:-ex!bveX' ... . ., vh?taaPiB..+ ?'N,., X ,fitly fhaf,FGttttlf', pEVSOtitirl krro '3ts;rr i, ire',,#h R. .:.'11 11 ­uruf mvu»d at1 3frrch crtsrrteo sP.aa to rxfori� st±rfPbte'°dmtnag #o rrne pPressn wlt& e rrartte rs sutksPrrbed'#� drg cer#rtf+11 s7ia,PhtYft'ar ee? t ! ramous cr!/erxPess•ostsrr�•bird; Defer me'ti Sus day ir>persrn vnd aorcd/y asAr+nm+attged that rrerr#r of ha f" pearl ±mrf trr lesls motndsr once ores'in a P ierat/y"sleon ono" 0*krrt4W slgried,artd' elrt r erf sad titsztrurmerr# as hrs own flee sand r�slunt y;Wit,"fPf ohs ustt taut purC Dees #hefetfn err `M. k' �tl acrd iarf , .,. n ..3 ,M, .wflvuibfn�t lrrfi . +l `s� ofrcbr! Ctnr'tri!t i1�r of Yorfrrt s� ris . /T�ey— w' 2 11 hey nt� fe . a „ on thrr"p t tamed' 'yde 'rirn rl d 11 11 ,�' t+;qtr,�fx ,110 oP, raazdf,;' 'h ve �oe ' � � +4pt+CiF�,WsY.Y�>Y�fT4llrtf711t, #i� 2f"s'�+ !/8 'Jt7fF=9fde#Y:cilk d6V'ff' $ ...�•.,11,.. ! frttpave ""',for fhe u andrryoyxnertt of the Peneto/ptb/fc Fr )rte abOHe ,,, f'sritN retrrtxed-sr le� " here v yr�tteo`free,right to Mntef upon eosOfi tta herelit woo y,. , desati7 d the Ueee,,�n set�i?r h afttf tr8�tt to, a Wt tftllt fif 4 rarrtI 3 trees srhrrr s irird f.�lants with, a evserraen# artos hermit pi� I, @ �,� yrant+�ftifcfi-attrfere'fit the tsfrucffttr Iristo!/dtkut, fePOrrsfruction "rep/acemerr2 rnspa tigA rna�tenonce aW o,Pefalo i thefszof a4+ to perar cr perrra "wit buf/dit a# +cturea or pct✓ s�•shale be lbta o! SYeoiz „Places ts, or f acrd etreeinerats.-"ttwit fn#erfsre.wr1fi the flPttts he/eha u., , yr >` atrraty pf.Ketit�> ;+tae ?#art end-�1, anzd try lfnrtczd fit.!'�r k e 11 11 d 4l" 4 itf fhb _ _ _ty,xffJ ifns.Al to #ssfrrf s trr Ir W tit�fcrdfsr#n 5free# lir i� ° y -&PA/s, /flat+,? -- f"rYk€'e�k ,I'll 6t�56Q -�-_ �_ �F,,, 5epe+ef fi!7, 2S,'v , ,,, rft�te r �� ii" t �' �' �� � !, ': ,F3x, �w- �u luJ ,# u,a,,� - „• F- , Reviewed By: J? O Legal E] City Council Finance ❑ EST. •:1836 City AdmEn gi ater Q , l 6` c Agenda Item Trackin Number =' 0 Consultant ❑ w City Council Agenda Item Summary Memo Title: Bridge Street Self-Storage—Plat of Easement City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This plat of easement is for onsite and perimeter easements for utilities and stormwater management. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot City Engineer Name Department Agenda Item Notes: United City of Yorkville Memo 0'" 800 Game Farm Road Esr s 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: October 6, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer U CC: Lisa Pickering, Deputy City Cler Subject: Bridge Street Self-Storage—Plat of Easement Attached find one copy of the proposed plat of easement for the referenced development. I have reviewed the plat and recommend that it be approved and recorded. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration Easement Sketch of Part of the Northeast Quarter of Section 5-36-7 Yorkville Kendall County Illinois Lot Block 'b 0 IV81 2288 O . W _"0 099_ Q, 25'P.0 & Q) q: Lot Block Q, -7 _ 100" 11_. ­11-_;:7.—----—- — 1 1) rz Uk I o. 18� 6 Q3 %ri lb :Z 12) Legal Description of PubAc Utility and Drainage Easement (P.U. & D.E.) The northerly 70.0 feet, the westerly 25.0 feet (except the southerly 199.0 feet thereof) the westerly 150 feet of the southerly 199.0 feet, the northerly /00 feet of the souther/ L y 199.0 feet and the southerly 10.0 feet of the that part of the following described tract which lies easterly of the easterly right of way Mn, of Illinois State Route No. 47 as estoblished by Document No. 905834., That art of the Northeast ou p IV 5 orter of Section 5 Township 36 North, Range 7 Cost of the Third Principal Meridian described as follows.• _j I 1 Commencing at the Southwest corner of Lot 1, Block 2 Fox Industrial Park, Kendall County Illinois Unit 4: thence North 01'4407' West along the West &7e of said lot 390.0 feet to the Northwest come, thereol; 4549• "Ice North 81'52'08- West along the South 11ne of Wolf Street and the South line of Lot 5 Block 2 Fox Industrial Pork, Kendall County, Illinois Unit 5, a distance of 470.59 feet to the Southwest corner of said Unit 5 for a point of beginning; thence North 81*5208" West along the South line of said tot 5 extended 47707 feet to the center 11;-7e of Illinois State Route No. 47- thence South 1'44'07"Fast along said center line J900 feet to the South line of said Lot I extended westerly, thence South 81,52,08" VRVIY AND DRAIVACE EA55E&FIVT East along said extended South line 477.03 feet to the West line of said Unit 5 extended souther/y,r A NON'-iA(zu,91ti-fAs,,,M,,Nr is NEA,EBY PF5fRWO FOR ANO -RANTED TO r,,,E CITY thence North 1.44107' West along said extended West line 390.0 feet to the point of beginning also that ?- YORA-PZLE- /1—wovs 70 CONSTRUCT INSTALL, RECONSVIFUCI, RZPAIR, REMOVE, RE`4AC5_AND part of said tract I)Wng 5 feet on each side of the following described center Jh7e.• Commencing at the ;VS4`F07 fACIURE5 FOR PT 1RANSM15901V AND 0157R49U70W Or WA?E`?. STORAf SFWERS. _'ZAN1)'APv Southeast corner of said tract• thence N81'5208- West 45.49 feet for a point of beginning. thence North GAS Z"1f'C7R1C1n,' rElEPHONE CABLE MEOSIOW LINES, AND ALL ,VF(.'FS5ARY 4'15:59' West 198.62 feet; thence North 85'4005'East 22.95 feet for the terminus of said center line. APPVR7fV4NT)1AC11111E5 iWFRFT0, WrAIIN THE AREAS SHOWN ON THE PLAT 45 'P(,,'6?LiC VAIn"Y A, in the United City of Yorkwlle, Kendal County, 1111nois. "AINAC,'C4Sf_MfNT' Te-TThEq WTH A OF ACCESS THERETO FOR 1HE PERSONNf, A110 -%+RPMENT,NEC'ESSARY'AND REOUIRS-0 j10R SV614✓fES AND PURPOSCS. THE UV,17FD CUY 6Y- I&_got Description of Stormwoter Management Easement 'KOtiZ AND In SUCCESSORS AND ASSIGNS MAY PERMIT HOLDERS OF EXISTING That port of the foregoing described tract described as follows.- Commencing at the southeast corner 'AIVCHIS,'S W,,H 7YE CITY TO OCCUPY S410 FASCVENTS, SAID H010ERS&IINC&XIAID BY rJIF of the? foregoing described troct• thence North 01*44'07" West 10,15 feet for 0 point of beginnio7g,• thence DESCRIBED AN T'VEST EASEMENT PROKS-ZWS North 81*52'08" West 30.45 feet; thence North V44107' West 288.50 feet; thence North 41,4808" West THE ABOVE NAMFO rNTITES ARE HEREBY rRAN,7D THE RIGHT To ENTER 1,1P -A (W E- ,�EVE A 56.05 feet, thence North 8*5325"Cast 38,92 feet' thence South 81'5208'East 58.85 f­0 to rhl? 1_174t DESCRIBED FOR 7W USES HEREIN SET I-ORP/ANO THE RICHI TO 0417, TRAI OR RCMOV£ line of said tract; thence South 1'4407"fast 369.70 feet to the point of beginning. rh',`ES, SHRUBS OR OTHER PLANTS WW/A( WE AREAS OESIGNAACD AS 'PUBLIC U77V"'ANO 'AINACE FASY-Mi-• T"WHICIY INTERFERE WrH NE L701VS)'R41CPaV, 11VSrALZA)r1ON, RECO•57PVC770N, '_P4.`R, RiMOVAL, .REPLACEMENT, MAINIE'VANCE AIVQ OPE7.4ROW OF !✓,1LR UVDtRl��ROUNO State of Illinois: ANSVISS'01V AND SYSTEMS ANO"ACIZ/AES APPURTENANT IHCRFTO NO PERMANENT :55 County of Kendoll: "LDIA"S, I"RUCT!)RES, OR 0651-RUCTIONS SHALL 91.CONSTRUCTED IN, &POII, OR OPER ANY "FAS DESIONA TED AS PUBLIC 1,17XITY&DRAINAGE FASEMFIVT", RUT SUCH AREAS AWAY BE USE9 ',rl 6'1ADFIV.S SHRUBS, TREES, LANDSCAPING, OAII-FWA YS, AND 0174E_.4 RELATED PURPOSES THAT DO This is to certify that the plot hereon drawn is a correct represent,70,*on 1VREA$i7VAdL.Y INAFRFEAY W,'Xl THE USES.HEREIN DESCRIBED. of the foregoing described property.. 000 REIN GRANTED URA POW AND LISE OF rhE NO1V-Ex(.L US)1K_ EASEMENT NT H, RA , AND 71 Yorkville, Illinois September 25, 2006. 7iERVA-0 FOR THE A80✓--VAM4`0 6NTITFS BY EACH Or'SUCH ENLU)LS SHALL BE DO6F ,V SUCH A 'TANNER SO AS NOT 70 1A1.rFRFE,1f-WITH OR PAFCj.UVE 7HL­OXUPA RON AND L,SF THEREOF BY -2- _R ENTITIES RJR W111CH SUCH r45E41FV7,-ARF 6RAN7F0 AND A,'FSf_.RV_1D THE CRO5S'VG ANO IZ! "'CROSSING OF SAID fASEMEN7S BY `hF ABOVE NAMED SHALL BEDONE A'5,1CH A ✓omes M. Olson 1•1NIVER SO AS,NOT TO hV7ER,1FRS W7h, 0AMA1,T, OR DISTURB ANY TRAMS31ISS/O.Al AND Professional Land Surveyor No. 2253 '3T-W,907�6W SYFIEVS AND FACIVREF AXURT&7VA.Vr rHfRf_7O FX15,771VC WTHIN 4HE fASF.4dE1VTS '+--nse expires November JO 2006 —No r-POSS111?OR I?fCR0sTFD NO 115E OR OCCUPAL'ON OF SAID EASFUSN,7S SY '7/F ABOVE 1,7—.?s M. Olson Associates, Z to. AMEO SNPRES SHALL CALISF ANY CHANCE/,V OYADC OR IMPAIR OR CRANW THE SURFACE 107 West Madison Street WAIT PA 7TRV5. ANY PKWK !C RE PERFORMED By 7il UNILED 01Y ' rORKKIE/N TxF FOOL OWNI, 10fkwIle. 111,nols 60560 Cf _1,`RC!,SC OF ITS GRANTED, SAID CITY SHALL HAVE NO OBLICA TION WPf �630) 55..3--0050 51X�­[ —SPECT TO SURFACE RESTORATION, 9VCL1J911VO 8U 7 NOf t1A41rjD -0. IH,-RES TORA-70,�; .REPAIR OR '-.FLACEMFIVT OF PAVEMENT, CURB OU?7TR!� NEE S, LAWN OR SHRUBBERY, PPOV10,10, HOWEVE"R, 47 SAID CITY SHALL 6F 08LIGALM FOLLOWING SUCH MAINTENANCE WORK, TO BAC*F,'Z.L ANO 0,_/ I'%UND All. !'1?F?VrH CREATED SO AS 70 Rk-.rA!N SUITABLE DRAINAGE, 110 COAD PATCH ANY -tot& 'PI-Al 7.OR CONCRETE SUM-ACE TO REMOVE AL,' EXCiSS DEBRIS AND SPO11, -1A.O To I FA V,- -A#- RVANCE AREA /V A GENERAL Y Cl C41V AND WOR10,441W.Wl CONOI P(W- ""Un'tV of Arpro(,W _,VT 1ROWSIONS ,fW47FPV4N4GEVL1V[LA_'1A1f depicted tell 1�e annexed AN EASEMENT IS HEREBY 1?j-SEqvrp FOR AND GRANTED 70 THE uj/7,,D -I 7-y 011 YORK klt LE .ge 5treel Self Slon7qe, z�.L.C, owner Of the property tv a ic 0� t IV 7_19/,r SUCCESSORS AND ASSIGNS, OVER ALL OF THE AREAS,MARKED ".c1V.RVW47ZR Dlot, does nerety grant unto tb& United Ciiv Of Yorkv-We on easement for Public ­VA ffA,0EN7 FA5fMJ1V7' SME)ON THE PLAT FOR THE PERPETUAL R,6,-IT PRIVILEGE !11,lity and D,,,noge and or 'Iosem.en„ for W�71A-wlyS ood' Side ,CII,, boll, L7s -f "10 AUTHORIry '0 SURVEY, CONSTRUCT RF RA 7L- 1-?ftnea hereon, for the uses God j.74/f;r)05P;1; 391 67fih aver and cc,oq5 !/,f� CONSIRLICT REPAIR, INSPECT .MAIN AND OPf 'QWV SEWERS AND THE STORMOATV?MANAGEMENT AREA, 706-TrhER W`H AIVK AND All I'l-ESSARY MANHOLES CATCH BASINS, SANITARY 5FAERS, WATER MAINS, ELECTRIC AND ,3,lid of Yorkville, ,Ihi,01;5 this WVUA'1C4770N CA&FS. COMAIEC77ONS, OlrCHFS, SW4LES, AND OTHER 5TRVC7z`RFS AND "PURTNAMOFS AS MAY-B£DEEMED AIECESSARY.6Y SAID Ciry OVER, UPON, ALONG, VIVOiRAND SAID INDICA 7WD EASEMENT 70CFTHER WITH THE R1C117 Of ACCESS ACROSS THE PROPERTY _'R NECESSARY MEN AND COUIPUfN r 10 00 ANY OF THE ABOVE WORlr. 77-16 RIL"HT C ALSO ?rrGnC& MuLhm, _`AN'Tr '0 CV7 GOWN, 7RIM OR REMOVE ANY rfIff5, SHRUBS OR OTHER PLANTS ON Wes- ,6r _AS_11VrV,1 .THAT 1117iRrERF W77I THE O-ERARON a',:EWERS OR OTHER OrlLlnES NO RFRMAVFA(,' "ItD1,1105 SHALL BE PLACED aV SAO EASEMENT NO CHANCE TO IHF T(A-CCRAPHY OR _0R64W4,TR MAIVAGEMEN7 S7RVC9,RF5 WTHIAI IHE EA5iMCAIT AREA SHALL 8F MADE WITHOUT ,PRFss oRir,,Fv CONSENT LJf 1 J-'hF CITY INGINnER, 8LIr SAME MAY BE USED j-cp puRpOSE5 p;A r ;tote Of 44*7"is. 107 IHEI✓OR LATER INTERFERE WITH THE AFORESAID USES OR f?IGH75. - I REyAlA,RfYPOIVS�SLE FOR E MAIN AN OF 7HF .55 THE OWNER LY THE P.RoPff,'r SHA, IN TEN C-F of Kendall.' 'ORMOATFR CEM MANA ,`W!AREA AND APPUR7FVA1VCFS THE UN17,10 CITY OF Yr*kVZLE WL aV_1,'EMfRGE1VCY PROCFVIIPPC AS •?fF(410 'IF';-I )r OF roRWOUF 7 ........ loeofl Public , and or State ?foresold, doerebY certify that Terrance ✓ Vuli7all, personally known ro me to be `,Ie some.,pc,-50n whose nUfT16 `5 5Uh-1F,::r.,bed 10 the 6reaoilg cert; '. ,tote More me fll'c te, appeared ot Illinois: this day ir) -,-!-5017 and 56Vr-!-Clly ocknowlelf(?ed 11101 be 5,'gre(y and l?Yvered said Jortiument os own free or", Volurtary art `of f/,e uses and _55 ')'JrDoses therein, Set forth, of A'enllri/A Accepted and approved by United City o;1 Yorkville. Vef) under mv and Seal this yY Cfnj V,7y,,9r mulholl No. 8761 `PW C/T� Reviewed By: Legal ❑ City Council Finance ❑ EST 1636 Engineer .4. y City Administrator ❑ Agenda Item Tracking Number �O Consultant ❑ P W a cc�" City Council Agenda Item Summary Memo Title: BP Amoco—Plat of Easement City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This plat of easement creates new easements for public utilities and stormwater management. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road Es,: 1 � -.�. : 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 2p Fax: 630-553-3436 Date: September 15, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer Ur CC: Lisa Pickering, Deputy City Clerk Subject: BP Amoco—Plat of Easement Attached find one copy of the proposed plat of easement for the referenced property. The plat of easement dedicates perimeter utility and drainage easements, onsite utility easements, and a stormwater management easement. I recommend that this document be approved. Please place this item on the Committee of the Whole agenda of October 17, 2006 for consideration. 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' •� 1 R rw R r �' � i ! i • �i 1 = i =; .il t • will R i ■ai • x r� _ R s s g si■ : 1121 =i ==" 11 �> SRI ail � �_� u ■ � ! i mu 1 ' R�sRi • 1•�� 1 ! ! Rr a ' 4 �_ • ° ■ t �!�! ! i 1� 0 ! it li r si=� ' 1 sR 1 ii R■��Ri i ■ • B it _ � 11" �li Npl°1 �IR ; ! : 11101 �eii =� I�s A= li1!'•�i g i� •� � �=S x !i' i l�s�A •� i■ i � i ��_ �r �i ■RR= ■ �'�� �• =■isi Nj i lis 1 " r � ��"rr�R �_�� � qv NMI'41 lrr■��� tiqR pp ■ 'I! IN 11. � B ° ■P iR Pile l of 11 D _T] ! !i■ rn fTl W—T LAND SURVEYING INC. KNMONS DATE RY I R BP AMOCO � � alas� xrs PLAT OF EASEMENT 1402 N. BRIDGE STREET ■ YORKVILLE, ILLINOIS TW a Reviewed By: Legal ❑ City Council Finance ❑ ` ���/ob EST. 106 A , �.� Engineer City Administrator ❑ Agenda Item Tracking Number O Consultant ❑ ^{7 �� ' f 5 11L.E City Council Agenda Item Summary Memo Title: Sleepy Hollow Road Upgrades City Council/ Committee of the Whole Date: October 17, 2006 Committee of the Whole Synopsis: This cost estimate is for the reconstruction of Sleepy Hollow Road. This is for information only. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: None Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road esr. «1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 2 <CE Date: October 13, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer��*— CC: Lisa Pickering,Deputy City Clerk Subject: Sleepy Hollow Road Upgrades Sleepy Hollow Road is located between Route 71 and Walker Road, about 1.2 miles west of Highpoint Road. The road is approximately 1.2 miles long, and consists generally of an aggregate roadway about 15 feet wide. The underlying soils are probably of poor bearing quality, and due to that and the need to improve the roadway profile, complete reconstruction of the road is recommended. This road is beyond the limits of our 2003 Transportation Planning Report that estimates traffic volumes on existing and proposed roads near Yorkville,but it is likely that this road would be classified as a minor collector road. Therefore the pavement section chosen for reconstruction is a two-lane roadway with a collector.road pavement thickness, and 2-foot wide paved shoulders. A left-turn lane wouldbe constructed on Route 71 for westbound traffic. Drainage would be accomplished with roadside swales, with new storm sewer required at the three existing points where waterways cross the road. The preliminary estimated cost of engineering, construction, and construction inspection is about$1,700,000. If you have any questions regarding this matter,please see me. 13-Oct-06 Preliminary Cost Estimate Sleepy Hollow Road Reconstruction Item Quantity Unit Price Cost 1 Earth Excavation 17400 CY $15.00 $261,000.00 2 Subgrade Undercut 1300 CY $20.00 $26,000.00 3 Porous Granular Embankment 2400 TON $20.00 $48,000.00 4 Geotextile Fabric 21100 SY $1.50 $31,650.00 5 Aggregate Base Course, Ty B, 12" 12800 TON $15.00 $192,000.00 6 Bit. Binder Course, 4.5" 5500 TON $65.00 $357,500.00 7 Bit. Surface Course, 1.5" 1900 TON $70.00 $133,000.00 8 Thermoplastic Pavement Striping, 4" line 25300 LF $2.00 $50,600.00 9 Signage 1 LS $1,000.00 $1,000.00 10 Storm Sewer, RCP, 48" 100 LF $100.00 $10,000.00 11 Storm Sewer, RCP, 24" 150 LF $35.00 $5,250.00 12 Parkway Restoration 17000 SY $6.00 $102,000.00 13 Route 71 widening for LT lane 1 LS $75,000.00 $75,000.00 14 Traffic Control & Protection 1 LS $2,000.00 $2,000.00 Sub-total: $1,295,000.00 Plus 15% engineering: $194,250.00 Plus 15% contingency: $194,250.00 Total: $1,683,500.00 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ACCURINT ACCURINT - ACCOUNT #1249304 124930420060930 09/30/06 01 POLICE-SEARCHES, REPORTS 01-210-65-00-5804 10/24/06 77.50 OPERATING SUPPLIES INVOICE TOTAL: 77.50 VENDOR TOTAL: 77.50 AQUAFIX AQUAFIX, INC. 2164 09/25/06 01 SEWER OP-VITASTIM BACTERIA 52-000-65-00-5823 00202951 10/24/06 456.93 SEWER CHEMICALS INVOICE TOTAL: 456.93 2169 09/25/06 01 SEWER OP-OXYFRESH 52-000-65-00-5823 00202951 10/24/06 224.47 SEWER CHEMICALS INVOICE TOTAL: 224.47 VENDOR TOTAL: 681.40 ARROLAB ARRO LABORATORY, INC. 36348 09/22/06 01 WATER OP-SAMPLES 51-000-65-00-5822 10/24/06 70.00 WATER SAMPLES INVOICE TOTAL: 70.00 VENDOR TOTAL: 70.00 ATT AT&T 6305534349-0906 09/25/06 01 POLICE-FAX, PHONE 01-210-62-00-5436 10/24/06 93.38 TELEPHONE 02 WATER OP-LIFT STATIONS 51-000-62-00-5436 356.89 TELEPHONE 03 POLICE-CITY HALL CENTEX 01-210-62-00-5436 492.86 TELEPHONE 04 ADMIN-CITY HALL CENTEX 01-110-62-00-5436 492.86 TELEPHONE 05 WATER OP-CITY HALL CENTEX 51-000-62-00-5436 492.86 TELEPHONE INVOICE TOTAL: 1,928.85 V i 1 P1 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ATT AT&T 6305537575-0906 09/25/06 01 ADMIN-CITY HALL FAX 01-110-62-00-5436 10/24/06 25.59 TELEPHONE INVOICE TOTAL: 25.59 6308826526-0906 09/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 10/24/06 49.77 TELEPHONE INVOICE TOTAL: 49.77 VENDOR TOTAL: 2,004.21 ATTGLOB AT&T GLOBAL SERVICES, INC. SB303447 09/22/06 01 ADMIN-PHONE STAND 01-110-65-00-5804 10/24/06 10.54 OPERATING SUPPLIES INVOICE TOTAL: 10.54 VENDOR TOTAL: 10.54 ATTLONG AT&T LONG DISTANCE 82893213-1006 10/01/06 01 ADMIN-SEPT. LONG DISTANCE 01-110-62-00-5436 10/24/06 12.54 TELEPHONE 02 POLICE-SEPT. LONG DISTANCE 01-210-62-00-5436 204.41 TELEPHONE 03 WATER OP-SEPT. LONG DISTANCE 51-000-62-00-5436 15.61 TELEPHONE INVOICE TOTAL: 232.56 VENDOR TOTAL: 232.56 AURBLA AURORA BLACKTOP 1 10/10/06 01 MFT-COUNTRYSIDE PKWY 15-000-75-00-7113 10/24/06 201,442.44 COUNTRYSIDE PKWY CONSTRUCT INVOICE TOTAL: 201,442.44 VENDOR TOTAL: 201,442.44 AURTRI AURORA TRI STATE FIRE P2 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ AURTRI AURORA TRI STATE FIRE 092303 09/28/06 01 MUNICIPAL BLDG-FIRE 16-000-75-00-7204 10/24/06 34.50 BLDG MAINT - CITY HALL 02 EXTINGUISHER SERVICE ** COMMENT ** INVOICE TOTAL: 34.50 VENDOR TOTAL: 34.50 BANKNY THE BANK OF NEW YORK 092606-SSARTV 10/04/06 01 ADMIN-DISPURSMENT OF SSA FOR 01-000-13-00-1374 10/24/06 111,157.43 A/R - SSA DISPURSEMENTS 02 RAINTREE VILLAGE 03-100 ** COMMENT ** INVOICE TOTAL: 111,157.43 VENDOR TOTAL: 111,157.43 BATTERYS BATTERY SERVICE CORPORATION 156755 09/22/06 01 STREETS-BATTERIES 01-410-62-00-5408 10/24/06 139.90 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 139.90 VENDOR TOTAL: 139.90 BEAKY BEARY LANDSCAPING 100906 10/09/06 01 WATER OP-BWS REFUND 51-000-42-00-4240 10/24/06 355.00 BULK WATER SALES INVOICE TOTAL: 355.00 VENDOR TOTAL: 355.00 CARGILL CARGILL, INC 1705056 09/20/06 01 WATER OP-BULK COARSE ROCK 51-000-65-00-5820 00203330 10/24/06 1,783.89 CHEMICALS INVOICE TOTAL: 1,783.89 VENDOR TOTAL: 1,783.89 P3 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CDSOFF CDS OFFICE TECHNOLOGIES INV0278047 09/27/06 01 PD CAPITAL-BATTERY 20-000-75-00-7001 00303631 10/24/06 235.00 EQUIPMENT INVOICE TOTAL: 235.00 VENDOR TOTAL: 235.00 CDWG CDW GOVERNMENT INC. BXZ5657 09/21/06 01 ADMIN-COMPUTER, MONITOR 01-110-75-00-7002 00101831 10/24/06 813.99 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 813.99 VENDOR TOTAL: 813.99 CENTRALL CENTRAL LIMESTONE COMPANY, INC 5506 09/30/06 01 STREETS-GRAVEL 01-410-65-00-5817 10/24/06 115.74 GRAVEL INVOICE TOTAL: 115.74 VENDOR TOTAL: 115.74 CINTAS CINTAS FIRST AID & SAFETY 0343367445 08/29/06 01 SEWER OP-REFILL MED CABINET 52-000-75-00-7004 10/24/06 48.55 SAFETY EQUIPMENT INVOICE TOTAL: 48.55 0343373388 09/27/06 01 ADMIN-REFILL MEDICINE CABINET 01-110-65-00-5804 10/24/06 37.40 OPERATING SUPPLIES INVOICE TOTAL: 37.40 0343373389 09/27/06 01 WATER OP-REFILL MED. CABINET 51-000-75-00-7004 10/24/06 39.20 SAFETY EQUIPMENT INVOICE TOTAL: 39.20 VENDOR TOTAL: 125.15 CNASURET CNA SURETY P4 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CNASURET CNA SURETY 091506 09/15/06 01 POLICE-NOTARY FEE 01-210-65-00-5804 10/24/06 30.00 OPERATING SUPPLIES INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 COFFMAN COFFMAN TRUCK SALES 350912 09/25/06 01 STREETS-TOW TRUCK TO JOLIET 01-410-62-00-5408 10/24/06 297.00 MAINTENANCE-EQUIPMENT 02 FOR TRANSMISSION REPAIR ** COMMENT ** INVOICE TOTAL: 297.00 VENDOR TOTAL: 297.00 COMDIR COMMUNICATIONS DIRECT INC 76079 09/26/06 01 POLICE-M19 INSTALL LED 01-210-62-00-5409 00303650 10/24/06 250.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 COMED COMMONWEALTH EDISON 0381164058-0906 10/13/06 01 WATER OP-WELL #4, TOWER LANE 51-000-62-00-5435 10/24/06 822.65 ELECTRICITY INVOICE TOTAL: 822.65 0654115036-0906 09/27/06 01 STREETS-CITY LIGHTS 01-410-62-00-5435 10/24/06 25.22 ELECTRICITY INVOICE TOTAL: 25.22 0662076002-0906 09/27/06 01 STREETS-CITY LIGHTS 01-410-62-00-5435 10/24/06 1, 902.44 ELECTRICITY INVOICE TOTAL: 1,902.44 1438043050-1006 10/04/06 01 SEWER OP-LIFT STATIONS 52-000-62-00-5435 10/24/06 9,767.06 ELECTRICITY INVOICE TOTAL: 9,767.06 P5 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ COMED COMMONWEALTH EDISON 2019099044-1006 10/04/06 01 WATER OP-CITY WELLS 51-000-62-00-5435 10/24/06 8,871.33 ELECTRICITY INVOICE TOTAL: 8,871.33 4438001000-0906 09/20/06 01 STREETS-CITY LIGHTS O1-410-62-00-5435 10/24/06 2, 622.12 ELECTRICITY INVOICE TOTAL: 2,622.12 6819027011-1006 10/03/06 01 STREETS-PR BUILDINGS 01-410-62-00-5435 10/24/06 644.06 ELECTRICITY INVOICE TOTAL: 644.06 VENDOR TOTAL: 24,654.88 CROWE CROWE GROUP LLP 707-1456139 09/28/06 01 ADMIN-AUDIT FEES 01-110-61-00-5304 10/24/06 2,488.14 AUDIT FEES & EXPENSES INVOICE TOTAL: 2,488.14 VENDOR TOTAL: 2,488.14 CTS CONSTRUCTION TESTING SERVICES 8788 09/19/06 01 ENG-PAVING AT FOX ROAD 01-150-62-00-5401 10/24/06 153.00 CONTRACTUAL SERVICES INVOICE TOTAL: 153.00 VENDOR TOTAL: 153.00 CWWHITE C.W. WHITE AND SON INC. 092006 09/20/06 01 ARO-1204 GAME FARM BASEMENT 01-000-13-00-1372 10/24/06 19,843.12 A/R - OTHER 02 REPAIRS DUE TO SEWER BACKUP ** COMMENT ** INVOICE TOTAL: 19,843.12 VENDOR TOTAL: 19,843.12 P6 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DHUSEE DHUSE, ERIC 100906 10/09/06 01 WATER OP-MEAL REIMBURSEMENT 51-000-64-00-5604 10/24/06 38.67 TRAINING & CONFERENCES 02 WATER OP-FUEL 51-000-65-00-5812 22.00 GASOLINE INVOICE TOTAL: 60.67 VENDOR TOTAL: 60.67 DIRT DIRT, INC. 20364 09/23/06 01 STREETS-TOPSOIL 01-410-65-00-5804 00203389 10/24/06 102.00 OPERATING SUPPLIES 02 WATER OP-TOPSOIL 51-000-65-00-5804 102.00 OPERATING SUPPLIES 03 SEWER OP-TOPSOIL 52-000-62-00-5419 102.00 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 306.00 VENDOR TOTAL: 306.00 DLT DLT SOLUTIONS, INC. SI012551 09/26/06 01 PLAN/DEV-AUTOCAD LICENSE 01-220-75-00-7002 00101832 10/24/06 741.32 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 741.32 VENDOR TOTAL: 741.32 DOMESTIC DOMESTIC UNIFORM RENTAL 093006 09/30/06 01 STREETS-SEPT. UNIFORMS 01-410-62-00-5421 10/24/06 285.24 WEARING APPAREL 02 WATER OP-SEPT. UNIFORMS 51-000-62-00-5421 285.24 WEARING APPAREL 03 SEWER OP-SEPT. UNIFORMS 52-000-62-00-5421 285.25 WEARING APPAREL INVOICE TOTAL: 855.73 VENDOR TOTAL: 855.73 P7 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37412 09/28/06 01 WATER IMPROV-B.3 WELLS 3 & 4 41-000-61-00-5401 10/24/06 142.50 ENGINEERING-RADIUM CONT B2 02 WM AND KING ST. WM ** COMMENT ** INVOICE TOTAL: 142.50 37413 09/28/06 01 ARO-WESTBURY VILLAGE 01-000-13-00-1372 10/24/06 1,839.00 A/R - OTHER INVOICE TOTAL: 1,839.00 37414 09/28/06 01 WATER IMPROV-RADIUM VIOLATION 41-000-61-00-5405 10/24/06 223.50 PROF. SVCS- RADIUM CONT B2 02 RESPONSE ** COMMENT ** INVOICE TOTAL: 223.50 37415 09/28/06 01 ARO-GRANDE RESERVE 01-000-13-00-1372 10/24/06 1,297.50 A/R - OTHER INVOICE TOTAL: 1,297.50 37416 09/28/06 01 ARO-BAILEY MEADOWS 01-000-13-00-1372 10/24/06 272.25 A/R - OTHER INVOICE TOTAL: 272.25 37417 09/28/06 01 WATER IMPROV-SHALLOW WELL 41-000-61-00-5401 10/24/06 315.00 ENGINEERING-RADIUM CONT B2 02 SITING ANALYSIS ** COMMENT ** INVOICE TOTAL: 315.00 37418 09/28/06 01 WATER IMPROV-B.1 WELLS 3 & 4 41-000-61-00-5301 10/24/06 7,714.50 ENGINEERING - GENERAL SERV 02 TREATMENT FACILITY ** COMMENT ** INVOICE TOTAL: 7,714.50 37419 09/28/06 01 WATER IMPROV-B.2 STATE STREET 41-000-61-00-5400 10/24/06 1,962.00 RADIUM COMPLIANCE-CONT. B2 P8 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37419 09/28/06 02 FINISHED WATERMAIN ** COMMENT ** 10/24/06 INVOICE TOTAL: 1,962.00 37420 09/28/06 01 WATER OP-D.1 SCADA SYSTEM 41-000-75-00-7509 10/24/06 2,017.33 SCADA SYSTEM INVOICE TOTAL: 2,017.33 37421 09/28/06 01 ARO-CONTRACT E.6 ROUTE 34 01-000-13-00-1372 10/24/06 3, 942.00 A/R - OTHER 02 FINISHED WM GRANDE RESERVE ** COMMENT ** INVOICE TOTAL: 3,942.00 37422 09/28/06 01 STREETS-PERIMETER ROADWAY 01-410-75-00-7099 10/24/06 11,481.50 GRANDE RESERVE PERIMETER R 02 RECONSTRUCTION ** COMMENT ** INVOICE TOTAL: 11,481.50 37423 09/28/06 01 ARO-DHUSE PROPERTY 01-000-13-00-1372 10/24/06 5,604.00 A/R - OTHER INVOICE TOTAL: 5,604.00 37424 09/28/06 01 WATER OP-BLACKBERRY CREEK 41-000-61-00-5417 10/24/06 871.50 USGS GROUNDWATER SHALLOW W 02 RESTUDY ** COMMENT ** INVOICE TOTAL: 871.50 37425 09/28/06 01 ARO-BRISTOL BAY 01-000-13-00-1372 10/24/06 6, 611.25 A/R - OTHER INVOICE TOTAL: 6,611.25 37426 09/28/06 01 ARO-EVERGREEN FARM ESTATES 01-000-13-00-1372 10/24/06 1,212.00 A/R - OTHER INVOICE TOTAL: 1,212.00 37427 09/28/06 01 ARO-WESTBURY SOUTH 01-000-13-00-1372 10/24/06 4,756.50 A/R - OTHER INVOICE TOTAL: 4,756.50 P9 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37428 09/28/06 01 ENG-RAYMOND STORM SEWER 01-150-62-00-5401 10/24/06 4,228.80 CONTRACTUAL SERVICES 02 OUTFALL ** COMMENT ** INVOICE TOTAL: 4,228.80 37429 09/28/06 01 ARO-AUTUMN CREEK 01-000-13-00-1372 10/24/06 8,071.50 A/R - OTHER INVOICE TOTAL: 8,071.50 37430 09/28/06 01 ARO-MONTALBANO HOMES 01-000-13-00-1372 10/24/06 198.00 A/R - OTHER INVOICE TOTAL: 198.00 37431 09/28/06 01 ARO-PRESTWICK OFYORKVILLE 01-000-13-00-1372 10/24/06 2,316.00 A/R - OTHER INVOICE TOTAL: 2,316.00 37432 09/28/06 01 ARO-YORKWOOD ESTATES 01-000-13-00-1372 10/24/06 816.00 A/R - OTHER INVOICE TOTAL: 816.00 37433 09/28/06 01 ARO-CHALLY PROPERTY 01-000-13-00-1372 10/24/06 783.00 A/R - OTHER INVOICE TOTAL: 783.00 37434 09/28/06 01 ARO-KENDALLWOOD ESTATES 01-000-13-00-1372 10/24/06 528.00 A/R - OTHER INVOICE TOTAL: 528.00 37435 09/28/06 01 ARO-BLACKBERRY WOODS 01-000-13-00-1372 10/24/06 792.00 A/R - OTHER INVOICE TOTAL: 792.00 37436 09/28/06 01 ARO-ASPEN RIDGE ESTATES 01-000-13-00-1372 10/24/06 12,159.75 A/R - OTHER INVOICE TOTAL: 12,159.75 P10 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37437 09/28/06 01 ARO-MEADOWBROOK HOMES 01-000-13-00-1372 10/24/06 2,590.50 A/R - OTHER INVOICE TOTAL: 2,590.50 37438 09/28/06 01 ARO-RATOS/HERREN PROPERTY 01-000-13-00-1372 10/24/06 66.00 A/R - OTHER INVOICE TOTAL: 66.00 37439 09/28/06 01 ARO-KONICEK PROPERTY 01-000-13-00-1372 10/24/06 940.50 A/R - OTHER INVOICE TOTAL: 940.50 37440 09/28/06 01 ARO-MPI SOUTH 01-000-13-00-1372 10/24/06 2,064.00 A/R - OTHER INVOICE TOTAL: 2,064.00 37441 09/28/06 01 ARO-SILVER FOX SUBDIVISION 01-000-13-00-1372 10/24/06 793.50 A/R - OTHER INVOICE TOTAL: 793.50 37442 09/28/06 01 ARO-VILLAS AT THE PERSERVE 01-000-13-00-1372 10/24/06 108.00 A/R - OTHER INVOICE TOTAL: 108.00 37443 09/28/06 01 ARO-O'KEEFE PROPERTY 01-000-13-00-1372 10/24/06 1,518.00 A/R - OTHER INVOICE TOTAL: 1,518.00 37444 09/28/06 01 ARO-HEARTLAND CROSSING 01-000-13-00-1372 10/24/06 165.00 A/R - OTHER INVOICE TOTAL: 165.00 37445 09/28/06 01 ARO-GRANDE RESERVE 01-000-13-00-1372 10/24/06 3,117.00 A/R - OTHER INVOICE TOTAL: 3,117.00 P11 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37446 09/28/06 01 ARO-HUDSON LAKES 01-000-13-00-1372 10/24/06 1,576.50 A/R - OTHER INVOICE TOTAL: 1,576.50 37447 09/28/06 01 ARO-KENDALL MARKETPLACE 01-000-13-00-1372 10/24/06 2,436.00 A/R - OTHER INVOICE TOTAL: 2,436.00 37448 09/28/06 01 ARO-WESTBURY WEST VILLAGE 01-000-13-00-1372 10/24/06 1,890.75 A/R - OTHER INVOICE TOTAL: 1,890.75 37449 09/28/06 01 ARO-WESTBURTY NORTH VILLAGE 01-000-13-00-1372 10/24/06 1,501.50 A/R - OTHER INVOICE TOTAL: 1,501.50 37450 09/28/06 01 ARO-WESTBURY MIDDLE VILLAGE 01-000-13-00-1372 10/24/06 2,103.75 A/R - OTHER INVOICE TOTAL: 2,103.75 37451 09/28/06 01 ENG-SOUTHWEST WASTE FACILITY 01-150-62-00-5401 10/24/06 1,380.00 CONTRACTUAL SERVICES INVOICE TOTAL: 1,380.00 37452 09/28/06 01 ARO-PRAIRIE POINTE 01-000-13-00-1372 10/24/06 3,837.00 A/R - OTHER INVOICE TOTAL: 3,837.00 37453 09/28/06 01 ARO-MARQUETTE LAND 01-000-13-00-1372 10/24/06 396.00 A/R - OTHER INVOICE TOTAL: 396.00 VENDOR TOTAL: 106, 639.38 ENGLISH ENGLISH & SONS LANDSCAPING INC P12 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ENGLISH ENGLISH & SONS LANDSCAPING INC M64200-09 10/01/06 01 STREETS-FOX HILL SSA MOWING 01-410-75-00-7104 00203382 10/24/06 1,060.00 FOX HILL SSA EXPENSES INVOICE TOTAL: 1,060.00 VENDOR TOTAL: 1,060.00 FEDEX FEDEX 8-435-18639 09/27/06 01 ADMIN-2 PACKAGES SHIPPED 01-110-65-00-5808 10/24/06 40.88 POSTAGE & SHIPPING INVOICE TOTAL: 40.88 VENDOR TOTAL: 40.88 FIRST FIRST PLACE RENTAL 144863 09/29/06 01 WATER OP-FLAGS 51-000-65-00-5804 10/24/06 84.90 OPERATING SUPPLIES INVOICE TOTAL: 84.90 145064 10/06/06 01 ADMIN-LINEN SKIRTS 01-110-64-00-5607 10/24/06 89.10 PUBLIC RELATIONS INVOICE TOTAL: 89.10 VENDOR TOTAL: 174.00 FOXRIDGE FOX RIDGE STONE 9089 09/30/06 01 STREETS-DUMPING CHARGES 01-410-65-00-5804 00203384 10/24/06 190.00 OPERATING SUPPLIES INVOICE TOTAL: 190.00 VENDOR TOTAL: 190.00 FVFS FOX VALLEY FIRE & SAFETY 348855 09/20/06 01 MUNICIPAL BLDG-BEECHER CENTER 16-000-75-00-7200 10/24/06 208.05 BLDG IMPROV- BEEHCER/RIVFR P13 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ FVFS FOX VALLEY FIRE & SAFETY 348855 09/20/06 02 FIRE EXTINGUISHER SERVICE ** COMMENT ** 10/24/06 INVOICE TOTAL: 208.05 VENDOR TOTAL: 208.05 GALLS GALL'S INC. 5852098300014 09/28/06 01 POLICE-PROTECTION KIT 01-210-65-00-5804 10/24/06 58.03 OPERATING SUPPLIES INVOICE TOTAL: 58.03 VENDOR TOTAL: 58.03 GIPED GIPE, DINA 091306-PLAN 09/13/06 01 ADMIN-9/13 PLAN COMM. MINUTES 01-110-62-00-5401 10/24/06 62.50 CONTRACTUAL SERVICES INVOICE TOTAL: 62.50 092506-PLAN 09/25/06 01 ADMIN-9/25 PLAN COMM. MINUTES 01-110-62-00-5401 10/24/06 141.50 CONTRACTUAL SERVICES INVOICE TOTAL: 141.50 VENDOR TOTAL: 204.00 GRAINCO GRAINCO FS., INC. 093006 09/30/06 01 STREETS-FUEL 01-410-65-00-5812 00203385 10/24/06 1,809.62 GASOLINE INVOICE TOTAL: 1,809.62 VENDOR TOTAL: 1,809.62 GRANDREN GRAND RENTAL STATION 3439 10/04/06 01 SEWER OP-WET DRY VACUUM 52-000-65-00-5802 10/24/06 30.80 OFFICE SUPPLIES 02 RENTAL ** COMMENT ** INVOICE TOTAL: 30.80 VENDOR TOTAL: 30.80 P14 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GREATAME GREATAMERICA LEASING CORP. 5861536 09/26/06 01 ADMIN-GESTETNER LEASE 01-110-62-00-5412 10/24/06 736.00 MAINTENANCE - PHOTOCOPIERS INVOICE TOTAL: 736.00 VENDOR TOTAL: 736.00 GROESCHB GROESCH, BARRY 100606 10/06/06 01 POLICE-MEAL REIMBURSEMENT 01-210-64-00-5605 10/24/06 45.70 TRAVEL EXPENSES INVOICE TOTAL: 45.70 VENDOR TOTAL: 45.70 HACH HACH COMPANY 4866670 09/19/06 01 WATER OP-TESTS KITS 51-000-62-00-5407 00203332 10/24/06 471.50 TREATMENT FACILITIES O&M INVOICE TOTAL: 471.50 4880624 09/29/06 01 WATER OP-TESTS KITS 51-000-62-00-5407 00203332 10/24/06 546.15 TREATMENT FACILITIES O&M INVOICE TOTAL: 546.15 VENDOR TOTAL: 1,017.65 HAPPY HAPPY HOUNDS 8050012 09/26/06 01 POLICE-DOG FOOD 01-210-65-00-5804 10/24/06 147.80 OPERATING SUPPLIES INVOICE TOTAL: 147.80 VENDOR TOTAL: 147.80 IEMA ILLINOIS EMERGENCY 48421 10/03/06 01 WATER OP-4TH QUARTER 51-000-65-00-5822 00203333 10/24/06 1,140.00 WATER SAMPLES INVOICE TOTAL: 1, 140.00 VENDOR TOTAL: 1,140.00 P15 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ILFIREPD ILLINOIS FIRE & POLICE 061002 10/02/06 01 POLICE-SEMINAR REGISTRATION 01-210-64-00-5607 10/24/06 450.00 POLICE COMMISSION INVOICE TOTAL: 450.00 100106 10/01/06 01 POLICE-2007 MEMBERSHIP DUES 01-210-64-00-5607 00303663 10/24/06 375.00 POLICE COMMISSION INVOICE TOTAL: 375.00 VENDOR TOTAL: 825.00 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 022558 09/27/06 01 STREETS-REPLACED ALTERNATOR 01-410-62-00-5409 00203448 10/24/06 338.73 MAINTENANCE-VEHICLES INVOICE TOTAL: 338.73 022564 09/27/06 01 STREETS-REPLACED STARTER 01-410-62-00-5409 00203448 10/24/06 763.05 MAINTENANCE-VEHICLES INVOICE TOTAL: 763.05 VENDOR TOTAL: 1,101.78 IMSA IMSA 55700-07 10/10/06 01 STREETS-MEMBERSHIP DUES 01-410-64-00-5604 10/24/06 60.00 TRAINING & CONFERENCES INVOICE TOTAL: 60.00 85568-07 10/10/06 01 STREETS-MEMBERSHIP DUES 01-410-64-00-5604 10/24/06 60.00 TRAINING & CONFERENCES INVOICE TOTAL: 60.00 VENDOR TOTAL: 120.00 JEWEL PURCHASE ADVANTAGE CARD 092006 09/20/06 01 ADMIN-NAPKINS, COFFEE, CREAMER 01-110-65-00-5804 10/24/06 34.74 OPERATING SUPPLIES INVOICE TOTAL: 34.74 P16 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ JEWEL PURCHASE ADVANTAGE CARD 092006-PW 09/20/06 01 SEWER OP-PLATES, SILVERWARE, 52-000-65-00-5805 10/24/06 46.74 SHOP SUPPLIES 02 COFFEE, SUGAR, FILTERS ** COMMENT ** INVOICE TOTAL: 46.74 VENDOR TOTAL: 81.48 JIMSTRCK JIM'S TRUCK INSPECTION 101804 09/01/06 01 STREETS-TRUCK INSPECTION 01-410-61-00-5314 10/24/06 20.00 INSPECTIONS & LICENSES INVOICE TOTAL: 20.00 101805 09/01/06 01 STREETS-TRUCK INSPECTION 01-410-61-00-5314 10/24/06 20.00 INSPECTIONS & LICENSES INVOICE TOTAL: 20.00 101931 09/12/06 01 STREETS-TRUCK INSPECTION 01-410-61-00-5314 10/24/06 20.00 INSPECTIONS & LICENSES INVOICE TOTAL: 20.00 101933 09/12/06 01 STREETS-TRUCK INSPECTION 01-410-61-00-5314 10/24/06 20.00 INSPECTIONS & LICENSES INVOICE TOTAL: 20.00 VENDOR TOTAL: 80.00 JMERLE J. MERLE JONES & SONS 01-4375152 09/29/06 01 STREETS-REPAIR ON TRANSMISSION 01-410-62-00-5409 00203450 10/24/06 994.76 MAINTENANCE-VEHICLES INVOICE TOTAL: 994.76 VENDOR TOTAL: 994.76 JSHOES J'S SHOE REPAIR 3917-28 09/29/06 01 WATER OP-1 PAIR OF BOOTS 51-000-62-00-5421 10/24/06 177.00 WEARING APPAREL P17 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ JSHOES J'S SHOE REPAIR 3917-28 09/29/06 02 SEWER OP-1 PAIR OF BOOTS 52-000-62-00-5421 10/24/06 103.00 WEARING APPAREL 03 STREETS-1 PAIR OF BOOTS 01-410-62-00-5421 170.00 WEARING APPAREL INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 KCEDC KENDALL COUNTY 00478 10/10/06 01 ARO-REIMBURSABLE PROPERTY TAX 01-000-13-00-1372 10/24/06 148.76 A/R - OTHER INVOICE TOTAL: 148.76 VENDOR TOTAL: 148.76 KCGIS KENDALL COUNTY GIS 100306 10/03/06 01 PLAN/DEV-1 SET COLOR DIGITAL 01-220-75-00-7002 00101840 10/24/06 3,930.00 COMPUTER EQUIP & SOFTWARE 02 ORTHOS, CADASTRAL FILES ** COMMENT ** INVOICE TOTAL: 3,930.00 VENDOR TOTAL: 3,930.00 KENDTOW KENDALL COUNTY TOWING & REPAIR 092606 09/26/06 01 POLICE-TOW TO DAVE'S AUTO 01-210-62-00-5409 10/24/06 80.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 80.00 100306 10/03/06 01 POLICE-TOW FROM RIVER TO KING 01-210-65-00-5804 10/24/06 75.00 OPERATING SUPPLIES INVOICE TOTAL: 75.00 VENDOR TOTAL: 155.00 KENPRINT KENDALL PRINTING P18 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KENPRINT KENDALL PRINTING 14692 09/26/06 01 ADMIN-1,000 BUSINESS CARDS 01-110-65-00-5804 10/24/06 58.00 OPERATING SUPPLIES 02 PLAN/DEV-500 BUSINESS CARDS 01-220-65-00-5804 29.00 OPERATING SUPPLIES INVOICE TOTAL: 87.00 14695 09/27/06 01 BLDG/ZONE-500 BUSINESS CARDS 01-220-65-00-5809 10/24/06 29.00 PRINTING & COPYING INVOICE TOTAL: 29.00 14717 10/05/06 01 ENG-500 BUSINESS CARDS 01-150-65-00-5801 10/24/06 29.00 ENGINEERING SUPPLIES INVOICE TOTAL: 29.00 VENDOR TOTAL: 145.00 KIESLERS KIESLER'S POLICE SUPPLY INC. 00634514 09/29/06 01 PD CAPITAL-2 REMINTON SHOTGUNS 20-000-65-00-5811 00303562 10/24/06 966.58 LETHAL/NON-LETHAL WEAPONS INVOICE TOTAL: 966.58 VENDOR TOTAL: 966.58 KOPYKAT KOPY KAT COPIER 18271 09/22/06 01 ADMIN-9 CASES PAPER 01-110-65-00-5802 00101827 10/24/06 276.75 OFFICE SUPPLIES INVOICE TOTAL: 276.75 VENDOR TOTAL: 276.75 LASALLE LASALLE BANK N.A. 092606-SSAWDR 10/04/06 01 ADMIN-DISPURSEMENT OF SSA FOR 01-000-13-00-1374 10/24/06 224,443.61 A/R - SSA DISPURSEMENTS 02 WINDETTE RIDGE 03-101 ** COMMENT ** INVOICE TOTAL: 224,443.61 VENDOR TOTAL: 224,443.61 P19 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ LEPPERTL LAURA LEPPERT 86 08/27/06 01 ADMIN-6/29 EDC MINUTES 01-110-62-00-5401 10/24/06 57.00 CONTRACTUAL SERVICES INVOICE TOTAL: 57.00 VENDOR TOTAL: 57.00 MCKIRGN MCKIRGAN BROS. OIL CO. 61030 09/29/06 01 STREETS-2 BARRELS OF OIL 01-410-62-00-5409 00203386 10/24/06 867.90 MAINTENANCE-VEHICLES INVOICE TOTAL: 867.90 VENDOR TOTAL: 867.90 MEDTRON MEDTRONIC PHYSIO-CONTROL CORP PC946403 09/21/06 01 POLICE-AED SUPPLIES 01-210-65-00-5804 10/24/06 56.02 OPERATING SUPPLIES INVOICE TOTAL: 56.02 VENDOR TOTAL: 56.02 MENLAND MENARDS - YORKVILLE 84773 09/14/06 01 STREETS-POWER DRILL 01-410-65-00-5804 10/24/06 5.99 OPERATING SUPPLIES INVOICE TOTAL: 5.99 86597 09/21/06 01 WATER OP-WIRING SUPPLIES 51-000-65-00-5804 10/24/06 247.38 OPERATING SUPPLIES INVOICE TOTAL: 247.38 86783 09/22/06 01 STREETS-EX. POLE, DECK BRUSH 01-410-65-00-5804 10/24/06 12.87 OPERATING SUPPLIES INVOICE TOTAL: 12.87 86880 09/22/06 01 WATER OP-KEYS 51-000-65-00-5804 10/24/06 2.28 OPERATING SUPPLIES INVOICE TOTAL: 2.28 P2O DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 87555 09/25/06 01 WATER OP-LIGHTS 51-000-65-00-5804 10/24/06 54.90 OPERATING SUPPLIES INVOICE TOTAL: 54.90 87573 09/25/06 01 WATER OP-CAULK, CONT. BAG 51-000-65-00-5804 10/24/06 17.17 OPERATING SUPPLIES INVOICE TOTAL: 17.17 87626 09/25/06 01 STREETS-GREEN CORD 01-410-65-00-5804 10/24/06 7.98 OPERATING SUPPLIES INVOICE TOTAL: 7.98 87643 09/25/06 01 POLICE-SCREWS 01-210-65-00-5804 10/24/06 2.78 OPERATING SUPPLIES INVOICE TOTAL: 2.78 88046 09/27/06 01 STREETS-GLOVES 01-410-65-00-5804 10/24/06 7.99 OPERATING SUPPLIES INVOICE TOTAL: 7.99 88082 09/27/06 01 WATER OP-BATTERIES 51-000-65-00-5804 10/24/06 4.32 OPERATING SUPPLIES INVOICE TOTAL: 4.32 88101 09/27/06 01 STREETS-ELECTRICAL TAPE 01-410-65-00-5804 10/24/06 16.93 OPERATING SUPPLIES INVOICE TOTAL: 16.93 88159 09/27/06 01 WATER OP-WIRE LOCKS 51-000-65-00-5804 10/24/06 10.36 OPERATING SUPPLIES INVOICE TOTAL: 10.36 88188 09/27/06 01 STREETS-DRILLING HAMMER 51-000-65-00-5804 10/24/06 5.49 OPERATING SUPPLIES INVOICE TOTAL: 5.49 P21 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 88189 09/27/06 01 POLICE-BATTERIES, LEAFHOG, 01-210-65-00-5804 10/24/06 73.40 OPERATING SUPPLIES 02 EXTENSION CORD ** COMMENT ** INVOICE TOTAL: 73.40 88592 09/29/06 01 STREETS-GALV CAP & NIPPLE 01-410-65-00-5804 10/24/06 6.37 OPERATING SUPPLIES INVOICE TOTAL: 6.37 88644 09/29/06 01 POLICE-KEY 01-210-65-00-5804 10/24/06 1.14 OPERATING SUPPLIES INVOICE TOTAL: 1.14 88706 09/29/06 01 WATER OP-VALVE, ADAPTER, HOSE, 51-000-65-00-5804 10/24/06 31.85 OPERATING SUPPLIES 02 COMPOUND, ORGANIZER ** COMMENT ** INVOICE TOTAL: 31.85 89335 10/02/06 01 STREETS-HAMMER 01-410-65-00-5804 10/24/06 19.98 OPERATING SUPPLIES INVOICE TOTAL: 19.98 89392 10/02/06 01 POLICE-KEY 01-210-65-00-5804 10/24/06 3.42 OPERATING SUPPLIES INVOICE TOTAL: 3.42 89690 10/03/06 01 WATER OP-VALVE STEM KEYS 51-000-65-00-5804 10/24/06 13.26 OPERATING SUPPLIES INVOICE TOTAL: 13.26 89840 10/04/06 01 WATER OP-CLEANER, FILTERS 51-000-65-00-5804 10/24/06 31.50 OPERATING SUPPLIES INVOICE TOTAL: 31.50 89850 10/04/06 01 STREETS-SODIUM BULBS 01-410-65-00-5804 10/24/06 40.98 OPERATING SUPPLIES INVOICE TOTAL: 40.98 P22 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 91398 10/10/06 01 ADMIN-EXTENSION CORD 01-110-65-00-5804 10/24/06 1.24 OPERATING SUPPLIES INVOICE TOTAL: 1.24 VENDOR TOTAL: 619.58 MEYER MEYER PAVING, INC. lA 10/02/06 01 WATER IMPROV-PAVING WELL #7 41-000-61-00-5408 10/24/06 45,190.93 CENTRAL ZONE - CONTRACT C INVOICE TOTAL: 45,190.93 1B 10/02/06 01 STREETS-GAME FARM & FOX RD. 01-410-75-00-7106 10/24/06 37,935.76 ROAD CONTRIBUTION FUND PRO 02 PAVING ** COMMENT ** INVOICE TOTAL: 37,935.76 VENDOR TOTAL: 83, 126.69 MIDVALLC MID VALLEY CONCRETE, INC 002-06 09/21/06 01 WATER OP-1324 SPRING STREET 51-000-65-00-5804 00203331 10/24/06 375.00 OPERATING SUPPLIES 02 PUBLIC WALK ** COMMENT ** INVOICE TOTAL: 375.00 VENDOR TOTAL: 375.00 MJELECT MJ ELECTRICAL SUPPLY, INC. 1076758-00 09/21/06 01 STREETS-SUPPLIES FOR LIGHTS 01-410-62-00-5415 10/24/06 93.70 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 93.70 VENDOR TOTAL: 93.70 MOONBEAM MOONBEAM MEDIA 12 09/26/06 01 ADMIN-9/26 CC VIDEO TAPING 01-110-64-00-5607 10/24/06 100.00 PUBLIC RELATIONS INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 P23 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.W0W INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MUNCLRK MUNICIPAL CLERKS OF ILLINOIS 100106 10/01/06 01 ADMIN-CLERK DUES 01-110-64-00-5600 10/24/06 110.00 DUES INVOICE TOTAL: 110.00 VENDOR TOTAL: 110.00 NATIONAL NATIONAL WATERWORKS, INC. 3995428 09/22/06 01 WATER OP-METERS 51-000-75-00-7508 00203327 10/24/06 10,500.00 METERS & PARTS INVOICE TOTAL: 10,500.00 VENDOR TOTAL: 10,500.00 NATLACOP NATIONAL ASSOCIATION OF CHIEFS 092506 09/25/06 01 POLICE-12 MTH. MEMBERSHIP 01-210-64-00-5600 10/24/06 50.00 DUES INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 NATLNEIG NATIONAL NEIGHBORHOOD WATCH 609207 09/14/06 01 POLICE-NEIGHBORHOOD WATCH 01-210-62-00-5423 00303632 10/24/06 243.00 CLASY GRANT 02 DECALS ** COMMENT ** INVOICE TOTAL: 243.00 VENDOR TOTAL: 243.00 NATLTWN NATIONAL ASSOCIATION OF TOWN IL212-07 10/03/06 01 POLICE-MEMBERSHIP DUES 01-210-64-00-5600 10/24/06 25.00 DUES INVOICE TOTAL: 25.00 VENDOR TOTAL: 25.00 NELSON NELSON ENTERPRISES, INC. P24 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NELSON NELSON ENTERPRISES, INC. 8238-0003 09/30/06 01 ADMIN-7 BROADCASTS 01-000-40-00-4050 10/24/06 330.00 HOTEL TAX INVOICE TOTAL: 330.00 VENDOR TOTAL: 330.00 NIU NORTHERN ILLINOIS UNIVERSITY 2685-1006 10/06/06 01 POLICE-GROESCH TUITION 01-210-64-00-5608 00303664 10/24/06 888.00 TUITION REIMBURSEMENT 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 888.00 VENDOR TOTAL: 888.00 OFFWORK OFFICE WORKS 102974I 09/26/06 01 ADMIN-MICRO CASSETTES 01-110-65-00-5802 10/24/06 153.80 OFFICE SUPPLIES INVOICE TOTAL: 153.80 103169I 09/28/06 01 ADMIN-BINDER CLIPS, ORGANIZER 01-110-65-00-5802 10/24/06 56.79 OFFICE SUPPLIES INVOICE TOTAL: 56.79 VENDOR TOTAL: 210.59 OHERROND RAY O'HERRON COMPANY, INC. 0628276-IN 09/25/06 01 PD CAPITAL-PROSTRAINT SEAT 20-000-75-00-7006 00303652 10/24/06 416.20 CAR BUILD OUT INVOICE TOTAL: 416.20 0628415-IN 09/26/06 01 PD CAPITAL-LIGHBAR, OUTBOARD 20-000-75-00-7006 00303640 10/24/06 316.87 CAR BUILD OUT INVOICE TOTAL: 316.87 0628577-IN 09/27/06 01 PD CAPITAL-SPEAKER 20-000-75-00-7006 00303651 10/24/06 160.79 CAR BUILD OUT INVOICE TOTAL: 160.79 VENDOR TOTAL: 893.86 P25 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 16:37:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ OHERRONO RAY O'HERRON COMPANY 31216 09/26/06 01 POLICE-CHIN STRAP 01-210-62-00-5421 10/24/06 37.14 WEARING APPAREL INVOICE TOTAL: 37.14 31217 09/26/06 01 POLICE-CUFF CASE, DUTY BELT, 01-210-62-00-5421 00303648 10/24/06 408.15 WEARING APPAREL 02 TRAUMA PLATE, SPRAY HOLDER, ** COMMENT ** 03 BATTERIES ** COMMENT ** INVOICE TOTAL: 408.15 VENDOR TOTAL: 445.29 OMALLEY O'MALLEY WELDING & FABRICATING 11502 08/29/06 01 PD CAPITAL-FABRICATE & INSTALL 20-000-75-00-7006 00303645 10/24/06 150.00 CAR BUILD OUT 02 SHOT GUN RAILS FOR 3 SQUADS ** COMMENT ** INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 PROVENA PROVENA SAINT JSEPH HOSPITAL 497 10/01/06 01 ADMIN-EMPLOYEE ASSISTANCE 01-110-61-00-5310 10/24/06 750.00 EMPLOYEE ASSISTANCE 02 OCT-DEC ** COMMENT ** INVOICE TOTAL: 750.00 VENDOR TOTAL: 750.00 PSI PROFESSIONAL SERVICE 431975 09/30/06 01 ENG-COUNTRYSIDE PKWY MATERIAL 01-150-62-00-5401 10/24/06 3,272.75 CONTRACTUAL SERVICES 02 INSPECTION ** COMMENT ** INVOICE TOTAL: 3,272.75 VENDOR TOTAL: 3,272.75 P26 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ QUILL QUILL CORPORATION 1133656 09/28/06 01 POLICE-12 INK CARTRIDGES 01-210-65-00-5802 00303643 10/24/06 112.08 OFFICE SUPPLIES INVOICE TOTAL: 112.08 1187869 10/02/06 01 ADMIN-EIRE PROOF FILING DRAWER 01-110-75-00-7003 00101834 10/24/06 1,859.99 OFFICE EQUIPMENT INVOICE TOTAL: 1,859.99 1218330 10/03/06 01 POLICE-ORGANIZER, DISPLAY UNIT 01-210-65-00-5802 00303643 10/24/06 769.32 OFFICE SUPPLIES INVOICE TOTAL: 769.32 VENDOR TOTAL: 2,741.39 R0000282 RALPH BOURNE 092706 09/27/06 01 ADMIN-REFUND PERMIT FEE 01-110-61-00-5314 10/24/06 200.00 BUILDING INSPECTIONS INVOICE TOTAL: 200.00 VENDOR TOTAL: 200.00 RELIHIGH RELIABLE HIGH PERFORMANCE 19474 09/22/06 01 ENG-RAIN JACKET & TROUSERS 01-150-62-00-5421 10/24/06 146.70 WEARING APPAREL INVOICE TOTAL: 146.70 VENDOR TOTAL: 146.70 RIVRVIEW RIVERVIEW FORD C79032 09/22/06 01 STREETS-REPAIRS ON 2 TRUCKS 01-410-62-00-5409 00203390 10/24/06 1,169.26 MAINTENANCE-VEHICLES INVOICE TOTAL: 1,169.26 C79186 09/25/06 01 SEWER OP-REPAIRS ON 2 TRUCKS 52-000-62-00-5409 00203390 10/24/06 306.62 MAINTENANCE-VEHICLES INVOICE TOTAL: 306.62 VENDOR TOTAL: 1,475.88 P27 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SERVMASC SERVICEMASTER COMMERCIAL 130942 09/27/06 01 ADMIN-JANITORIAL SERVICES 01-110-62-00-5406 10/24/06 360.00 OFFICE CLEANING INVOICE TOTAL: 360.00 VENDOR TOTAL: 360.00 SERVMAST SERVICEMASTER OF AURORA & 8908 09/29/06 01 WATER OP-SEPT PW'S CLEANING 51-000-62-00-5401 10/24/06 455.00 CONTRACUAL SERVICES INVOICE TOTAL: 455.00 VENDOR TOTAL: 455.00 SEYFARTH SEYFARTH SHAW LLP 1279639 09/01/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 10/24/06 2,564.47 LEGAL SERVICES INVOICE TOTAL: 2,564.47 1279645 09/01/06 01 POLICE-VARIOUS LEGAL MATTERS 01-210-61-00-5300 10/24/06 2,491.38 LEGAL SERVICES INVOICE TOTAL: 2,491.38 VENDOR TOTAL: 5,055.85 SHREDIT SHRED-IT 021182894 10/03/06 01 ADMIN-SHREDDING CHARGE 01-110-62-00-5401 10/24/06 105.00 CONTRACTUAL SERVICES INVOICE TOTAL: 105.00 VENDOR TOTAL: 105.00 SPIESG GLORY SPIES 100606 10/06/06 01 ADMIN-ART RECEPTION SUPPLIES, 01-110-64-00-5607 10/24/06 247.46 PUBLIC RELATIONS P28 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SPIESG GLORY SPIES 100606 10/06/06 02 TRAVEL REIMBURSEMENT ** COMMENT ** 10/24/06 INVOICE TOTAL: 247.46 VENDOR TOTAL: 247.46 STRYPES STRYPES PLUS MORE INC. 9474 10/02/06 01 PD CAPITAL-LETTERING ON SQUADS 20-000-75-00-7006 00303654 10/24/06 1, 155.00 CAR BUILD OUT INVOICE TOTAL: 1,155.00 VENDOR TOTAL: 1,155.00 SUNBELT SUNBELT RENTALS 7244518-001 09/20/06 01 STREETS-GRINDER 01-410-62-00-5434 00203451 10/24/06 645.80 RENTAL-EQUIPMENT INVOICE TOTAL: 645.80 7442187-001 09/27/06 01 STREETS-TRENCHER 01-410-62-00-5434 00203451 10/24/06 342.20 RENTAL-EQUIPMENT INVOICE TOTAL: 342.20 VENDOR TOTAL: 988.00 TAPCO TAPCO 254956 09/25/06 01 MFT-STREET SIGNS 15-000-75-00-7007 10/24/06 127.31 SIGNS INVOICE TOTAL: 127.31 VENDOR TOTAL: 127.31 THYSSEN THYSSENKRUPP ELEVATOR CORP 474588 10/01/06 01 MUNICIPAL BLDG-QRTLY MAINT. 16-000-75-00-7204 10/24/06 439.86 BLDG MAINT - CITY HALL INVOICE TOTAL: 439.86 VENDOR TOTAL: 439.86 P29 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TINSTAR TIN STAR ELECTRONIC SERVICE 02278 09/06/06 01 POLICE-M8 RADAR REPAIRS 01-210-62-00-5409 10/24/06 118.45 MAINTENANCE - VEHICLES INVOICE TOTAL: 118.45 02351 09/28/06 01 POLICE-M8 MICROPHONE REPAIRS 01-210-62-00-5409 10/24/06 38.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 38.50 02361 09/28/06 01 POLICE-M18 LIGH BAR REPAIRS 01-210-62-00-5409 10/24/06 38.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 38.50 INST136146 09/01/06 01 PD CAPITAL-CAR BUILD OUT 20-000-75-00-7006 00303644 10/24/06 1,658.03 CAR BUILD OUT INVOICE TOTAL: 1,658.03 INST136163 09/27/06 01 PD CAPITAL-INSTALL K-9 20-000-75-00-7006 00303653 10/24/06 293.40 CAR BUILD OUT 02 EQUIPMENT ** COMMENT ** INVOICE TOTAL: 293.40 VENDOR TOTAL: 2,146.88 TRIR TRI-R SYSTEMS, INC. 002199 09/29/06 01 WATER OP-WELL #3 SERVICE CALL 51-000-65-00-5804 00203328 10/24/06 498.75 OPERATING SUPPLIES INVOICE TOTAL: 498.75 VENDOR TOTAL: 498.75 UNIFIED UNIFIED SUPPLY 0115988-IN 09/21/06 01 STREETS-WIRE 01-410-62-00-5415 10/24/06 95.71 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 95.71 VENDOR TOTAL: 95.71 P30 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ UNIQUEPR UNIQUE PRODUCTS & SERVICE 155589 09/25/06 01 SEWER OP-PAPER TOWELS 52-000-65-00-5805 10/24/06 51.80 SHOP SUPPLIES INVOICE TOTAL: 51.80 VENDOR TOTAL: 51.80 UPS UNITED PARCEL SERVICE 00004296X2386 09/23/06 01 ADMIN-4 PACKAGES SHIPPED 01-110-65-00-5808 10/24/06 82.24 POSTAGE & SHIPPING INVOICE TOTAL: 82.24 VENDOR TOTAL: 82.24 VESCO VESCO 27247 09/19/06 01 ENG-PAPER, INK 01-150-62-00-5410 10/24/06 58.52 MAINTENANCE-OFFICE EQUIP 02 PLAN/DEV-PAPER, INK 01-220-65-00-5809 58.51 PRINTING & COPYING INVOICE TOTAL: 117.03 27336 10/04/06 01 PLAN/DEV-PAPER FOR PLOTTER 01-220-65-00-5809 10/24/06 47.64 PRINTING & COPYING 02 ENG-PAPER FOR PLOTTER 01-150-65-00-5802 47.64 OFFICE SUPPLIES INVOICE TOTAL: 95.28 VENDOR TOTAL: 212.31 VISA VISA 092606-CITY 09/26/06 01 PLAN/DEV-WIN ZIP, MARKERS 01-220-65-00-5804 10/24/06 35.49 OPERATING SUPPLIES 02 PLAN/DEV-MICROSOFT ACCESS 01-220-75-00-7002 201.99 COMPUTER EQUIP & SOFTWARE 03 PLAN/DEV-NRPA CONFERENCE 01-220-64-00-5604 173.40 TRAINING & CONFERENCES P31 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VISA VISA 092606-CITY 09/26/06 04 STREETS-TRAFFIC LIGHT EQUIP. 01-410-62-00-5415 10/24/06 85.12 MAINTENANCE-STREET LIGHTS 05 ADMIN-FELTZ FLOWERS, PAPER 01-110-64-00-5607 129.54 PUBLIC RELATIONS 06 ADMIN-GFOA MEMBERSHIP 01-110-64-00-5600 140.00 DUES 07 ADMIN-IML HOTEL CREDIT 01-110-64-00-5604 -220.41 TRAINING & CONFERENCES - 08 ENG-AMER. SOCIETY OF CIVIL 01-150-64-00-5600 235.00 DUES 09 ENGINEER DUES ** COMMENT ** 10 ADMIN-SERVER, WINDOWS 01-110-75-00-7002 270.01 COMPUTER EQUIP & SOFTWARE 11 ENG-CONFERENCE 01-150-64-00-5604 105.00 TRAINING & CONFERENCES 12 ADMIN-MEDIA WORKSHOP 01-110-64-00-5603 65.00 SUBSCRIPTIONS 13 WATER OP-CONFERENCE, MEALS 51-000-64-00-5604 394.19 TRAINING & CONFERENCES INVOICE TOTAL: 1, 614.33 092606-PD 09/26/06 01 POLICE-WIPERS, OIL CHANGE 01-210-62-00-5409 10/24/06 67.71 MAINTENANCE - VEHICLES 02 POLICE-TRAVEL EXPENSES 01-210-64-00-5605 481.56 TRAVEL EXPENSES 03 POLICE-GLOCK MAGAZINES, DOG 01-210-65-00-5804 170.95 OPERATING SUPPLIES 04 FOOD & SUPPLIES ** COMMENT ** 05 POLICE-FUEL 01-210-65-00-5812 277.45 GASOLINE INVOICE TOTAL: 997.67 VENDOR TOTAL: 2,612.00 WASTE WASTE MANAGEMENT P32 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 33 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WASTE WASTE MANAGEMENT 2562002-2011-7 10/01/06 01 HEALTH & SANITATION -SEPTEMBER 01-540-62-00-5442 10/24/06 60,386.10 GARBAGE SERVICES INVOICE TOTAL: 60,386.10 2562003-2011-5 10/01/06 01 HEALTH 6 SANITATION -500 TRASH 01-000-42-00-4206 00101836 10/24/06 500.00 GARBAGE SURCHARGE 02 STICKERS ** COMMENT ** INVOICE TOTAL: 500.00 VENDOR TOTAL: 60,886.10 WHITAKER WHITTAKER CONSTRUCTION & 100406-EEI 10/04/06 01 WATER IMPROV-B.1 WELLS 3 & 4 41-000-61-00-5301 10/24/06 316,400.98 ENGINEERING - GENERAL SERV 02 WELL HOUSE & TREATMENT FAC. ** COMMENT ** INVOICE TOTAL: 316,400.98 VENDOR TOTAL: 316,400.98 WHOLTIRE WHOLESALE TIRE 115884 09/25/06 01 ENG-OIL CHANGE 01-150-62-00-5409 10/24/06 21.95 MAINTENANCE-VEHICLES INVOICE TOTAL: 21.95 115920 09/27/06 01 POLICE-M18 OIL CHANGE 01-210-62-00-5409 10/24/06 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 115952 09/18/06 01 POLICE-M13 OIL CHANGE, FILTER 01-210-62-00-5409 10/24/06 25.70 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.70 115960 09/29/06 01 POLICE-M6 OIL CHANGE 01-210-62-00-5409 10/24/06 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 P33 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 34 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WHOLTIRE WHOLESALE TIRE 115997 10/02/06 01 POLICE-M5 BRAKES, ROTORS, 01-210-62-00-5409 00303665 10/24/06 951.50 MAINTENANCE - VEHICLES 02 MIRROR, BALL JOINTS, IDLER ARM ** COMMENT ** INVOICE TOTAL: 951.50 VENDOR TOTAL: 1,039.15 WTRPRD WATER PRODUCTS, INC. 0193680 09/29/06 01 WATER OP-REPAIR CLAMPS 51-000-65-00-5804 00203329 10/24/06 248.45 OPERATING SUPPLIES INVOICE TOTAL: 248.45 0193681 09/29/06 01 WATER OP-BUSHINGS 51-000-65-00-5804 00203329 10/24/06 15.30 OPERATING SUPPLIES INVOICE TOTAL: 15.30 0193754 09/29/06 01 WATER OP-METERS 51-000-65-00-5804 00203329 10/24/06 3,548.00 OPERATING SUPPLIES INVOICE TOTAL: 3,548.00 VENDOR TOTAL: 3,811.75 WYETHATY JOHN JUSTIN WYETH 769 10/09/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 10/24/06 1,837.50 LEGAL SERVICES INVOICE TOTAL: 1,837.50 770 10/09/06 01 ADMIN-EDC LEGAL MATTERS 01-110-61-00-5300 10/24/06 2,287.50 LEGAL SERVICES INVOICE TOTAL: 2,287.50 771 10/09/06 01 ARO-HARLEM/IRVIN 01-000-13-00-1372 10/24/06 862.50 A/R - OTHER INVOICE TOTAL: 862.50 P34 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WYETHATY JOHN JUSTIN WYETH 772 10/09/06 01 ADMIN-P. SAFETY LEGAL MATTERS 01-110-61-00-5300 10/24/06 300.00 LEGAL SERVICES INVOICE TOTAL: 300.00 773 10/09/06 01 ADMIN-P. WORKS LEGAL MATTERS 01-110-61-00-5300 10/24/06 450.00 LEGAL SERVICES INVOICE TOTAL: 450.00 774 10/09/06 01 ARO-WESTBURY 01-000-13-00-1372 10/24/06 150.00 A/R - OTHER INVOICE TOTAL: 150.00 775 10/09/06 01 ARO-SUNFIELDS 01-000-13-00-1372 10/24/06 75.00 A/R - OTHER INVOICE TOTAL: 75.00 VENDOR TOTAL: 5,962.50 YORKACE YORKVILLE ACE & RADIO SHACK 103778 09/27/06 01 SEWER OP-SURGE PROTECTOR 52-000-62-00-5422 10/24/06 6.99 LIFT STATION MAINTENANCE INVOICE TOTAL: 6.99 103842 09/29/06 01 SEWER OP-SIMPLE GREEN 52-000-65-00-5805 10/24/06 6.99 SHOP SUPPLIES INVOICE TOTAL: 6.99 103916 10/03/06 01 STREETS-SCREW 01-410-65-00-5804 10/24/06 4.80 OPERATING SUPPLIES INVOICE TOTAL: 4.80 VENDOR TOTAL: 18.78 YORKAREA YORKVILLE AREA CHAMBER OF 21339 09/11/06 01 ADMIN-LEGISLATIVE BREAKFAST 01-110-64-00-5604 10/24/06 15.00 TRAINING & CONFERENCES P35 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 36 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKAREA YORKVILLE AREA CHAMBER OF 21339 09/11/06 02 FOR 1 EMPLOYEE ** COMMENT ** 10/24/06 INVOICE TOTAL: 15.00 VENDOR TOTAL: 15.00 YORKCLER YORKVILLE CLERK'S ACCOUNT 100406 10/04/06 01 ADMIN-REPLINISH CLERK'S ACCT. 01-110-61-00-5300 10/24/06 927.00 LEGAL SERVICES INVOICE TOTAL: 927.00 VENDOR TOTAL: 927.00 YORKLIBR YORKVILLE PUBLIC LIBRARY 093006-DEVELOP 10/04/06 01 TRUST & AGENCY-SEPT DEV. FEES 95-000-78-00-9009 10/24/06 28,050.00 LIBRARY DEV FEE PAYMENTS INVOICE TOTAL: 28,050.00 093006-RETAX 10/04/06 01 ADMIN-DISTRIBUTION OF REAL 01-000-40-00-4000 10/24/06 182,258.24 REAL ESTATE TAXES 02 ESTATE TAXES ** COMMENT ** INVOICE TOTAL: 182,258.24 093006-TRANSFER 10/04/06 01 ADMIN-OCT SS & IMRF TAX LEVY 01-110-99-00-9923 10/24/06 2,937.50 TRANSFER TO LIBRARY INVOICE TOTAL: 2, 937.50 VENDOR TOTAL: 213,245.74 YORKNAPA YORKVILLE NAPA AUTO PARTS 764322 09/05/06 01 STREETS-FLOOR MAT 01-410-62-00-5408 10/24/06 10.99 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 10.99 764385 09/05/06 01 STREETS-COUPLER, CLEANER 01-410-62-00-5408 10/24/06 19.87 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 19.87 P36 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 37 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 764666 09/07/06 01 STREETS-ANTI SEIZE 01-410-62-00-5408 10/24/06 7.87 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 7.87 765199 09/11/06 01 STREETS-OIL FILTER 01-410-62-00-5408 10/24/06 4.16 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 4.16 765273 09/12/06 01 STREETS-OIL FILTER, CREDIT 01-410-62-00-5408 10/24/06 0.26 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 0.26 765506 09/13/06 01 STREETS-OIL & AIR FILTER 01-410-62-00-5408 10/24/06 104.28 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 104.28 766116 09/18/06 01 STREETS-ENGINE EQUIPMENT 01-410-62-00-5408 10/24/06 27.20 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 27.20 766161 09/18/06 01 STREETS-WD 1 GALLON 01-410-62-00-5408 10/24/06 16.99 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 16.99 766299 09/19/06 01 STREETS-WHEELE 01-410-62-00-5408 10/24/06 10.95 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 10.95 766356 09/19/06 01 POLICE-CIR TEST 01-210-62-00-5409 10/24/06 9.39 MAINTENANCE - VEHICLES INVOICE TOTAL: 9.39 766363 09/19/06 01 POLICE-CREDIT 01-210-62-00-5409 10/24/06 -1.00 MAINTENANCE - VEHICLES INVOICE TOTAL: -1.00 P37 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 38 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 766529 09/20/06 01 STREETS-MOTOR 01-410-62-00-5408 10/24/06 5.99 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 5.99 766628 09/21/06 01 STREETS-FUSE 01-410-62-00-5408 10/24/06 5.10 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 5.10 767125 09/25/06 01 STREETS-ATF 01-410-62-00-5408 10/24/06 22.69 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 22.69 767174 09/25/06 01 POLICE-HUB NUT 01-210-62-00-5409 10/24/06 19.80 MAINTENANCE - VEHICLES INVOICE TOTAL: 19.80 767194 09/25/06 01 STREETS-GAUGE 01-410-62-00-5408 10/24/06 7.56 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 7.56 767219 09/25/06 01 POLICE-WIRE, TERMINAL 01-210-62-00-5409 10/24/06 16.13 MAINTENANCE - VEHICLES INVOICE TOTAL: 16.13 767220 09/25/06 01 POLICE-TERMINAL 01-210-62-00-5409 10/24/06 3.66 MAINTENANCE - VEHICLES INVOICE TOTAL: 3.66 767386 09/26/06 01 POLICE-FUSE 01-210-62-00-5409 10/24/06 7.58 MAINTENANCE - VEHICLES INVOICE TOTAL: 7.58 767470 09/27/06 01 POLICE-RETAINER, REGULATOR, 01-210-62-00-5409 10/24/06 85.96 MAINTENANCE - VEHICLES P38 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 39 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 767470 09/27/06 02 SMALL MOTOR ** COMMENT ** 10/24/06 INVOICE TOTAL: 85.96 767532 09/27/06 01 POLICE-FUEL FILTER 01-210-62-00-5409 10/24/06 9.76 MAINTENANCE - VEHICLES INVOICE TOTAL: 9.76 767566 09/28/06 01 STREETS-FILTERS, SEPARATOR 01-410-62-00-5408 10/24/06 347.14 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 347.14 767611 09/28/06 01 POLICE-FUSES 01-210-62-00-5409 10/24/06 9.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 9.95 767718 09/29/06 01 STREETS-OIL DRY 01-410-62-00-5408 10/24/06 23.96 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 23.96 VENDOR TOTAL: 776.24 YORKPDPC YORKVILLE POLICE DEPT. 100606 10/06/06 01 POLICE-BACKGROUND CHECKS 01-210-65-00-5804 10/24/06 124.00 OPERATING SUPPLIES 02 POLICE-POSTAGE 01-210-65-00-5808 4.20 POSTAGE & SHIPPING INVOICE TOTAL: 128.20 VENDOR TOTAL: 128.20 YORKPDPN YORKVILLE POLICE PENSION FUND 093006-RETAX 10/04/06 01 POLICE-DISTRIBUTION REAL 01-210-72-00-6502 10/24/06 99,509.67 POLICE PENSION 02 ESTATE TAXES ** COMMENT ** INVOICE TOTAL: 99,509.67 VENDOR TOTAL: 99,509.67 P39 DATE: 10/11/06 UNITED CITY OF YORKVILLE PAGE: 40 TIME: 16:37:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/24/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKPOST YORKVILLE POSTMASTER 092806 09/28/06 01 WATER OP-POSTAGE FOR BILLS 51-000-65-00-5808 10/24/06 1,000.00 POSTAGE & SHIPPING INVOICE TOTAL: 1,000.00 VENDOR TOTAL: 1,000.00 YORKPR YORKVILLE PARK & RECREATION 093006-CAPITAL 09/30/06 01 TRUST & AGENCY-SEPT. CAPITAL 95-000-78-00-9012 10/24/06 2,050.00 PARKS/REC CAPITAL PAYMENTS INVOICE TOTAL: 2,050.00 103006-TRANSFER 10/04/06 01 ADMIN-PR OCT. TRANSFER 01-110-99-00-9940 10/24/06 87,177.25 TRANSFER TO PARK & RECREAT INVOICE TOTAL: 87,177.25 VENDOR TOTAL: 89,227.25 YORKSELF YORKVILLE SELF STORAGE, INC 110106 10/04/06 01 MUNICIPAL BLDG-NOV STORAGE 16-000-75-00-7203 10/24/06 150.00 BLDG IMPROVEMENTS-PUBLIC W INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 YOUNGM YOUNG, MARLYS 081506-COW 08/15/06 01 ADMIN-8/15 COW MINUTES 01-110-62-00-5401 10/24/06 187.63 CONTRACTUAL SERVICES INVOICE TOTAL: 187.63 VENDOR TOTAL: 187.63 TOTAL ALL INVOICES: 1,631,827.25 P40 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 9/30/06 REGULAR OVERTIME TOTAL IMRF SOCIAL SECURITY TOTALS ADMINISTRATION $35,276.64 $0.00 $35,276.64 $2,745.62 $2,666.90 $40,689.16 ENGINEERING $10,342.82 $34.20 $10,377.02 $819.78 $778.62 $11,975.42 POLICE $63,896.20 $1,394.98 $65,291.18 $348.22 $4,958.83 $70,598.23 PUBLIC WORKS $25,379.14 $1,260.46 $26,639.60 $2,104.53 $2,031.54 $30,775.67 PARKS $14,514.37 $0.00 $14,514.37 $1,055.62 $1,103.82 $16,673.81 RECREATION $18,336.34 $0.00 $18,336.34 $1,232.87 $1,401.22 $20,970.43 LIBRARY $10,563.90 $0.00 $10,563.90 $448.97 $808.13 $11,821.00 TOTALS $178,309.41 $2,689.641 $180,999.051 $8,755.61 $13,749.06 $203,503.72 TOTAL PAYROLL 9/30/2006 $ 203,503.72 TOTAL INVOICES 10/24/2006 $ 1 ,631,827.25 TOTAL DISBURSEMENTS $ 1,835,330.97 P41 United City of Yorkville Memo 800 Game Farm Road EST. ,a3c Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 SCE Date: October 12, 2006 To: Committee of the Whole From: Bart Olson, Assistant City Administrator CC: Sue Mika, Finance Director; John Crois, City Administrator Subject: Tax Levy Please accept this memo as a general update that 2006 tax levy discussions will begin at the 11/7 COW. In past years,the tax levy discussions prior to the required public hearing(early December)have included total levy calculations based on an estimate of EAV, and policy options for the tax rate based on an average reassessment. Complete calculations and options will be provided for your discussion at the November 7 h Committee of the Whole.