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Committee of the Whole Packet 2003 07-15-03
�" 0 L ID C/T1„ • iii ° United City of Yorkville County Seat of Kendall County EST. 1836 800 Game Farm Road ----.------_-:_--- .8 V) Yorkville, Illinois 60560 �I L•� ` O Phone:630-553-4350 AGENDA 'A 2 Fax:630 553 757COMMITTEE OF THE WHOLE 4LE NN Tuesday, July 15, 2003 7:00 PM Beecher Community Building, Perkins Room Revised: 7/14/03 Public Hearing: 1. Parks Master Plan Presentations: None Note: "CA" denotes a recommendation by the respective Committee for that item to go on the Consent Agenda of the City Council Agenda. Mayor: • 1. Intergovernmental Agreement between School District, City, Parks and Recreation and Police for the exchange of facilities and services - Update *COW 7/1/03 2. Resolution for Kendall County Hydrogeologic Resource Assessment Public Works Committee: 1. Water Conservation Ordinance *COW 7/1/03 Economic Development Committee: 1. Westbury Village Revised Annexation Agreement 2. Proposed Text Amendment for Architectural Overlay District *EDC 6/19/03 3. Ordinance Amending City Code B-1 Limited Business District to allow Office District Use 4. Menard's Residential Annexation Agreement - Update • 5. Grande Reserve Annexation Agreement - Update *COW 7/1/03 6. Caledonia Land Use Plan r F • Page 2 Committee of the Whole July 15, 2003 Economic Development Committee (con't): 7. Kimball Hill Homes Annexation Agreement *CC Public Hearing 7/8/03 8. Morrissey Annexation Agreement *CC Public Hearing 7/8/03 9. PC 2003 - 08 Heartland Business Center Final Plat *Plan Comm. 7/9/03 10. PC 2003 - 10 Raintree Village Final Plat *Plan Comm. 7/9/03 11. PC 2003-06 Senior Apartment Housing - Rezoning *EDC 6/19/03 Public Safety Committee: 1. No report. • Administration Committee: 1. Engineering Assistant - Revised Job Description *Admin 6/12/03 2. City Engineer - Revised Job Description *Admin 6/12/03 3. Emergency Check Signer - City Administrator *Admin 6/12/03 4. Request For Proposal - Furniture Specs *Admin 6/12/03 Park Board: 1. No Report. Additional Business: Executive Session: • 1. For the collective negotiation matters between public employers and their employees or representatives. UNITED CITY OF YORKVI:LLE AGENDA • COMMITTEE OF THE WHOLE Tuesday, July 15, 2003 7:00 PM BEECHER COMMUNITY BUILDING, PERKINS ROOM STATUS: Public Hearing: 1. Parks Master Plan MAYOR: Ji Lec,C) C0 'syk7 1. Intergovernmental Agreement between School District, City, Parks and Recreation and Police for the Exchange of Facilities and Services -Update a f U' 2. Resolution for Kendall County Hydrogeologic Resource Assessment PUBLIC WORKS COMMITTEE: lbw 1. Water Conservation Ordinance ECONOMIC DEVELOPMENT COMMITTEE: • C . ti=-1 l ir, • ( C6 ` I 1. Westbury Village Revised Annexation Agreement 73c4-4.)\k // 1.t, ,i 2. Proposed Text Amendment for Architectural Overlay District 4v \,-.7 4 ,, .`�3. Ordinance Amending City Code B-1 Limited Business District to allow Office District Usej tt e� cr 4. Menard's Residential Annexationeement e � - U P • i f 5. Grande Reserve Annexation Agreement - Upe (0 e 6. Caledonia Land Use Plan Cso 7. Kimball Hill Homes Annexation Agreement 8. Morrissey Annexation Agreement • . , / . 9. PC 2003-08 Heartland Business Center Final Plat / ..„--__, ' - C 10. PC 2003-10 Raintree Village Final Plat -- Ctif)---- 9 a Gt/( y] ,* - --- -------- '‘i ai.(( i , t-kij)A\ \0 ,.... 6 , ,, \,,,, 11. PC 2003-06 Senior A1-1--- C., (‘IJI/IA °(11 1?-1\ rtment Housing Lki1 ------- -..—e/ Q/ 1 - v X 9 �~ ---- i y PUBLIC SAFETY COMMITTEE: .7 1. No Report. ADMINISTRATION COMMITTEE: 0 C' C 1. Engineering Assistant -Revised Job Description / C �f�adS C �" 2. City Engineer-Revised Job Description- ) ,!J 31,1419-- ,9-C -' V-- a'\/ jt (,E- -'. 3. Emergency Check Signer- City Administrator • 0 e-0 Satut Pip f • ' 4. Request for Proposal- Furniture Specs PARK BOARD: No Report. Additional Business • txecutive Session: Collective Negotiation • RESOLUTION Whereas, Kendall County is experiencing rapid land use changes and population increases, Whereas,Kendall County relies on groundwater for its water supply from residential- and municipal-supply systems, Whereas, the first step in ensuring the long-term sustainability of groundwater in Kendall County requires a comprehensive assessment of the resource and the current and project demands upon that resource, Whereas,the objective of the Kendall County Hydrogeologic Resource Assessment is to determine the geologic, hydraulic, water-use and water-quality conditions that affect the sustainability of water supply from the aquifers underlying Kendall County, Whereas, officials from the majority of local governments expressed support for the project at the regular meeting of the Kendall County Mayors/Managers meeting on May 7, 2003, Whereas,the Kendall County Soil and Water Conservation District has agreed to be the local administrator for the Kendall County Hydrogeologic Resource Assessment project and will sign the Joint Funding Agreement with the U.S. Geological Survey, Whereas,the Kendall County Soil and Water Conservation District will be billed a total of$42,964.00 over the course of this project: $12,253.00 in FY2003, $27,517.00 in FY2004, and $3,194.00 in FY2005, Therefore,be it resolved that the City of Yorkville, agrees to participate in this project and provide $10,000 total to the Kendall County Soil and Water Conservation District for payment to the U.S. Geological Survey. City Clerk City of Yorkville Mayor Date Approved USGS Kendall County Hydrogeologic Resource Assessment Local Contacts Please complete and return this form to the Kendall County Soil and Water Conservation District with the signed Resolution. Municipality: Contact Person: Title of Contact Person: Address: Phone Number: Fax Number: Email: 07/08/2003 14 :36 FAX 630 553 5764 DANIEL J. KRAMER U3002/008 AN ORDINANCE ADOPTING WATER CONSERVATION REGULATIONS FOR THE CITY WHERAS, the population of the United City of Yorkville has grown substantially in recent years and is projected to continue to grow at a rapid pace; and WHEREAS, prolonged dry periods,increased Water demand, equipment failures from time to time may threaten the Water resources and jeopardize the health, safety, and Welfare of the residents of the United City of Yorkville; and WHEREAS, Water is a limited natural resource that must be protected and the conservation of City water supplies is good and proper stewardship of those resources; and WHEREAS, it is the finding of the Mayor and City Council of the United City of Yorkville that certain mandatory Water conservation measures be imposed on the Water users of the City water supply system; and that a Water Conservation Regulations Ordinance be enacted; and NOW, THEREFORE BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Article A. The Yorkville Municipal Code of 1994 as amended, shall be and is hereby further amended to adopt and incorporate therein certain water conservation measures in the City,limiting watering of lawns and other uses of water during certain hours and establishing other regulations,and shall be titled as follows: TITLE 7 Water and Sewer CHAPTER 5 Water Conservation Regulations The Yorkville Municipal Code of 1994, as amended, shall be and is hereby further amended to provide for the collection of unpaid fines assessed for violation of the Water Conservation Regulations herein adopted, by adding the amount of any unpaid fine to the water bill due for the property at which the offense occurred, as follows: 07/08/2003 14 36 FAX 630 553 5764 DANIEL J. KRAMER 003/008 Section 1, Definitions. The following words and phrases when used in this Article shall, for the purpose of this Article,have the following meanings: Drip-Irrigation System: A soaking hose that when in use does not result in an actual dissipation of Water. Drip-Line: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. Landscape/Landscaping: Sod and seeded turf lawns, gardens,trees, shrubs, and other living plants. Permitted Hours of Water Use: A time period between 5:00a.m. and 9:00a.m., and between 7:00p.m. and 11:00 p.m., each day. Person: Any individual, firm,partnership, association, corporation, company, organization, or entity of any kind. City: The United City of Yorkville. Water: The water provided by and obtained by a person from the City water supply and distribution system. Section 2. A. The provisions of this Article shall apply to all Persons using Water, and to all properties within the City or unincorporated areas which are connected to the City's Water supply and distribution system,regardless of whether any Person using the Water has a contract for service with the City. B. The provisions of this Article shall apply annually from May 1 through September 30, subject to any modifications thereof,including application of these or other regulations during this or any other time,by an Emergency Proclamation issued pursuant to Section (1)below. Section 3.Restricted Hours and Days for Specified Uses A. Water may be used for landscape watering or the filling of swimming pools only as follows: 1. All properties with even-numbered street numbers(i.e., numbers ending in 0,2,4,6, or 8)may use Water for landscape watering or for pool filling, only on even-numbered calendar dates during Permitted Hours of Water Use. momm 07/08/2003 14:36 FAX 630 553 5764 DANIEL J. KRAMER [2004/008 2. All properties with odd-numbered street numbers (i.e.,number ending in 1,3,5,7, or 9)may use Water for landscaping watering, or for pool filing, only on odd-numbered calendar dates during Permitted Hours of Water Use. 3. There shall be no restrictions as to hours or days when Water may be used for any of the following: a) Landscape watering or sprinkling where such watering or sprinkling is done by a Person using a hand-held watering device; b) Filling swimming pools with a volume of fifty(50) gallons or less, and any other children's recreational use,including but not limited to running through sprinklers and playing and filling water toys; c) The automatic watering of trees and shrubs by means of automatic root-feed or Drip-Irrigation Systems within the Drip Line of the tree or shrub; or d) Vehicle and equipment washing; or e) Any other lawful use of Water such as bathing, clothes washing, and other normal household uses not otherwise specifically restricted by the provisions of this Article. Section 4. Restrictions for Sod Laying and Lawn Seeding for New Lawns. Notwithstanding the provisions of Section 8-3-3 above, the following special regulations shall apply: A Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1 through August 31 each year. B. From May 1 through June 30, and from September 1 through September 30, Water may be used on new lawns(sod or seed), only as follows: 1. On the day new sod or seed has been placed on a property, a Person may use an automatic sprinkling device to apply Water to the sod or seed for a total period of time not to exceed eight(8)hours 2. For the next nine(9) days thereafter, a Person may apply water to said sod or seed each day during Permitted Hours of Water Use. 07/08/2003 14 36 FAX 630 553 5764 DANIEL J. KRAMER 005/009 3. Following the first ten(10)days after the sod or seed is placed, the provisions of this Ordinance shall apply. C. Prior to the execution of any real estate contract for the sale of newly constructed property,the builder or owner of such new construction shall: 1. Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this Article; 2. Attach a Copy of these regulations to the contract; and 3. Obtain the signature of the purchaser(s) on a statement that he, she or they has (have)been informed of the new lawn installation restrictions set forth in this Article. D. The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown, the applicant shall submit his signed statement that he shall comply with the requirements of this Section at the time the real estate contract is executed. E. Waste of Water Prohibited. No Person shall allow a continuous stream of Water to run off into any gutter, ditch, drain, or street inlet while using Water for restricted purposes during the Permitted Hours of Water Use. F. Exceptions. The provisions of the article shall not apply any commercial or industrial entity for which use of Water is necessary to continue normal business operations, or to maintain stock or inventory. Provided, however, this exception shall not apply to any and all uses of Water not essential to normal business operations or maintenance of inventory or stock,and specifically shall not apply to landscape watering or pool filling. G. Bulk Water Rates. Bulk Water rates shall be increased to three(3) times the non-resident Water rate during the time described within this Ordinance, 07/08/2003 14 36 FAX 630 553 5764 DANIEL J. KRAMER VA 006/008 H. Hydrant Use Prohibited, Hydrants connected to the City water supply and distribution system for the purpose of providing Water for fire fighting purposes shall not be opened by any Person,other than authorized City or Fire District personnel, except for the purpose of fighting a fire. I. Emergency proclamation. 1. Whenever the Water supply of the City is diminished from any cause, including but not limited to prolonged dry period, increased Water demand, equipment failure, or Water quality concerns, to an amount which in the opinion of the City Engineer or Director of Public Works is or is likely to become dangerous to the health and safety of the public, the City Mayor is hereby authorized and empowered to issue an Emergency Proclamation specifying different or additional regulations on the use of water. 2. Such regulations may provide for limitations on the usage of Water, limitations on days and hours of use of Water for some or all purposes, and the prohibition of specified uses of Water, 3. Upon issuing such Proclamation,the City Mayor shall make the contents thereof known to the public by posting a copy at the City Hall, and by new release to local newspapers and radio media, and may also endeavor to notify the City residents and other Persons in any other practical manner that he or she shall devise. Further, the City Mayor shall immediately deliver notice of such Proclamation, and the regulations that have been imposed by such Proclamation,to all members of the City Council. 4, The Emergency Proclamation of the City Mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur: a. The City Mayor determines that the emergency no longer exists and that the Emergency Proclamation, and the regulations imposed thereby, shall no longer continue in effect. b. The City Council modifies or repeals the Emergency Proclamation, and the regulations imposed thereby, by means of an ordinance enacted at any regular or special meeting of the City Council c. The first regular meeting of the City Council occurring more than 30 days after the date of the Emergency Proclamation of the City Mayor. 5. Any City employee or officer may, at the direction of the City Mayor, notify and warn any Person of the effect of said Emergency Proclamation and direct said Person to comply with said watering or sprinkling restrictions, If any said Person, after having first been warned about said restrictions of the Emergency Proclamation, then shall be deemed to be in violation of this Article. J. Penalty. 07/08/2003 14 37 FAX 630 553 5764 DANIEL J. KRAMER Q007/008 1, Any person who or which violates,disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section(3)(A)(3)or Section(3)(F)above, shall, within ten(10)days of receiving notice of such violation,pay at the Office of the City Clerk, a fine, as follows: a. $50.00 for a first offense; b. $125.00 for a second offense; and c. $500.00 for each subsequent offense. 2. Any person who violates this Article shall,within thirty(30) days of receiving a notice of such violation, shall be subject to imposition of a fine up to$750.00 for each offense. 3. Each day a violation occurs or continues shall be considered a separate violation for purposes of this article. 4. The amount of any fine due pursuant to Section 4(J) above, if not paid as provided therein, shall be added to the bill for water consumption for the property at which the offense occurred. 5. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, it has not otherwise been paid as provided therein, shall be added to the amount of any bill for water consumption rendered in respect to said property pursuant to this section. Section 5. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. Section 6. SEVERABILITY: If any section, subsection,sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 7. EFFECTIVE DATE: Except for Section 4 of this ordinance which shall have an effective date of May 1,2004, this ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. Any and all ordinances, resolutions, and orders, or parts thereof, which are in conflict with the provisions of this Ordinance,to the extent of any such conflict, are hereby superseded and waived. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2003. 07/08/2003 14 :37 FAX 630 553 5764 DANIEL J. KRAMER 008/008 PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of , A.D. 2003. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D. 2003. Attest: CITY CLERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 TABLE OF CONTENTS Page RECITALS: 1 1. LEGAL CONFORMANCE WITH LAW 3 2. ANNEXATION. 3 3. ZONING. 5 4. SUBDIVISION OF UNDESSER PROPERTY. 5 5. DEVIATIONS FROM LOCAL CODES. 7 6. UTILITIES AND PUBLIC IMPROVEMENTS 7 7. SECURITY INSTRUMENTS. 11 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. 12 9. AMENDMENTS TO ORDINANCES. 12 10. BUILDING PERMITS AND RELATED INSPECTIONS 14 11. BUILDING CODE 15 12. FEES AND CHARGES 15 13. CONTRIBUTIONS 15 14. OWNER'S/DEVELOPER'S CONTRIBUTIONS 15 15. PROJECT SIGNS. 17 16. CERTIFICATES OF OCCUPANCY 18 17. MODEL HOMES/PRODUCTION UNITS 18 18. CONTRACTOR'S TRAILERS. 19 19. TEMPORARY SALES OFFICE TRAILERS 19 20. TEMPORARY PARKING. 19 21. OVERSIZING OF IMPROVEMENTS 19 22. LIMITATIONS. 19 23. RECAPTURE AGREEMENTS. 19 24. SPECIAL SERVICE AREA. 20 25. ONSITE EASEMENTS AND IMPROVEMENTS. 21 26. OFFSITE EASEMENTS AND CONSTRUCTION. 21 27. DISCONNECTION. 22 28. CONFLICT IN REGULATIONS. 22 29. ANNEXATION FEE. 22 30. TRANSFER. 22 31. CITY ASSISTANCE. 22 32. GENERAL PROVISIONS 23 CHO1/12298939. iJuly 9,2003 _i_ WARNING: This section retains the original formatting, including headers and footers, of the main document. If you delete the section break above this message, any special formatting, including headers and footers for the Table of Contents/Authorities section will be lost. If you delete the section break above the Table of Contents/Authorities, you will overwrite the headers and footers of the main document with Table of Contents/Authorities headers and footers. To delete the Table of Contents/Authorities, begin your selection at the section break above the TOC/TOA section and continue through the end of this message. July 9,2003 CHO1/12298939.1 THIS INSTRUMENT PREPARED BY AND RETURN TO: Sanford M. Stein Gardner Carton & Douglas, LLC 191 N. Wacker Drive, Suite 3700 Chicago, IL 60606 (312) 569-1229 Fax: (312)-569-3229 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2003, by and between OCEAN ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER") THE ESTATE OF RICHARD A. UNDESSER and HENRIETTA UNDESSER ("OWNER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit"A" attached hereto ("Undesser Property"). B. OWNER and the City, have heretofore entered into that certain Annexation Agreement dated July 1, 1997 with the City ("the 1997 Annexation Agreement") which provided for, among other things, the annexation of a portion of the Undesser Property to the City. C. The OWNER desires to annex additional property legally described on Exhibit "B" attached hereto (the "Annexation Parcel"), to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Westbury Subdivision (approximately 300 acres). The Annexation Parcel is comprised of 43 acres more or less and is shown on the Plat of Annexation attached hereto as Exhibit B-1. The Annexation Parcel is contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other city. July 9,2003 CHO1/12298939.1 D. 1. The Annexation Parcel is located within the Bristol Kendall Township Fire Protection District, the Bristol Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by the CITY'S public library. 2. The corporate authorities of the CITY, after due and careful consideration, have concluded that the annexation of the Annexation Parcel to the CITY would further the growth of the CITY, enable the CITY to control the development of the area and serve the best interests of the CITY. E. DEVELOPER desires to proceed with the development of the Undesser Property and the Annexation Parcel (hereinafter collectively referred to as the `Subject Property") for residential and commercial use in accordance with the terms and provisions of this Agreement. F. DEVELOPER further desires to amend the 1997 Annexation Agreement as it pertains to, and in accordance with, the terms and provisions of this Agreement in order to facilitate the development of the Subject Property for a residential Planned Unit Development, and the City is agreeable to amending the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement. This Agreement is not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the other real estate being the subject of the 1997 Annexation Agreement, except as modified by this Agreement. G. DEVELOPER proposes that a portion of the Subject Property be rezoned from Kendall County A-1 Agricultural and United City of Yorkville B-3 Service Business District and A-i Agricultural, to United City of Yorkville Planned Unit Development with zoning districts ("Amended Zoning Districts") of B-3 Service Business District with special use, R-2 PUD. One Family Residence District, R-3 PUD General Residence District, and R-4 PUD General Residence District. A legal description of each of the Amended Zoning Districts is attached hereto and made a part hereof as Exhibit B-2. A graphic description of the Amended Zoning District is attached hereto as Exhibit B-3. H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities, after due and careful consideration, have concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Subject Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. 2 July 9,2003 CHO1/12298939.1 K. (i) Each party agrees that it is in the best interests of the OWNER, DEVELOPER and the City to develop the Subject Property as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the Subject Property. (iii) The Annexation Parcel is located contiguous to the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. L. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Subject Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. M. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and DEVELOPER. N. The OWNER and DEVELOPER and their representatives have discussed the proposed annexation of the Annexation Parcel and have held public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties, hereby agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION. A. As to the Annexation Parcel, this Agreement is made pursuant to and in accordance with the provisions of Sections 5/1 115.11 et.seq., of the Illinois 3 July 9,2003 CHO 1/12298939.1 Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect to the Subject Property, this Agreement is made pursuant to the Planned Unit Development requirements of Illinois Compiled Statutes and the Special Use Ordinance of the CITY; that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 5/1 115.11 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. As to the Annexation Parcel, the OWNER has filed with the City Clerk of the CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s) before the applicable corporate authorities of the CITY, which hearings were held in accordance with the provisions of the Statutes of the State of Illinois. C. Upon the execution of this Agreement by the OWNER, the CITY shall execute this Agreement and enact ordinances necessary to annex the Annexation Parcel into the corporate limits of the CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that the CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time, the annexation of the Annexation Parcel 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 the OWNER 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 Annexation Parcel and/or other properties to the CITY so that the annexation of Annexation Parcel to the CITY can be sustained and/or effected. 3. ZONING. Contemporaneously with the annexation of the Annexation Parcel and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to amend the Zoning Ordinance of the CITY such that the Subject Property can be zoned and used within the following zoning classifications: the Subject Property B-3 Service Business District with special use, R-2 One Family Residence District, R-3 General Residence District, and R-4 General Residence District. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. 4. SUBDIVISION OF UNDESSER PROPERTY. A. Approval of Preliminary Plan (Preliminary Site Plan, Preliminary Landscaping and Preliminary Engineering). 4 July 9,2003 CH01/12298939.1 (i) DEVELOPER has submitted to the CITY a Preliminary Site Plan for the Subject Property(prepared by The Lannert Group dated May 15, 2003), a copy of which Preliminary Site Plan is attached hereto and made a part hereof as Exhibit "C" ("Preliminary Site Plan"). DEVELOPER has also submitted to the CITY a preliminary landscape plan for the Undesser Property(prepared by The Lannert Group dated , 2003), a copy of which is attached hereto as Exhibit"D" ("Preliminary Landscape Plan"), and preliminary engineering plan (prepared by Cemcon, Ltd. dated , 2003) a copy of which preliminary engineering plan is attached hereto as Exhibit "E" ("Preliminary Engineering Plan"). The Preliminary Site Plan, Preliminary Landscape Plan and Preliminary Engineering Plan are collectively referred to as the Preliminary Plan. Prior to execution of this Agreement, DEVELOPER has submitted the Preliminary Plan to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Preliminary Plan as complying with all the provisions of the Subdivision Regulations and the Zoning Ordinance of the CITY, except for those items for which variations or deviations have been granted, as set forth in this Agreement. In accordance with the development concepts set forth in the Preliminary Plan, the Subject Property shall be developed in substantial conformance with the one-family and multi-family dwelling unit and commercial concepts set forth therein, with a total buildable subdivided lot count not to exceed 289 of one-family lots, 601 multi-family units including 278 Townhome Units and 323 Courtyard Home Units and 22.7 acres of commercial area, within the Subject Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B. hereof. As used in this Agreement, the term "Courtyard Home" shall mean townhome type units situated around a center court with rear garage entry. (Lannert to provide his comments,he needs to confirm dates and Exhibits, as well as revis©d language for"Courtyard Home".(ii))((ii)1 The Developer is required to submit a preliminary plat that substantially conforms with the Preliminary Site Plan, for review and approval in accordance with City Ordinances. The Subject Property shall be developed in the manner and in accordance with the development concept set forth in the Preliminary Plan, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Subject Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Subject Property, shall be substantially as provided in the Preliminary Engineering Plan. (iii) DEVELOPER is authorized to undertake mass earthwork and grading of 5 July 9,2003 CH01/12298939.I the Subject Property, or so much thereof as DEVELOPER shall choose, after approval of the Preliminary Site Plan and the Preliminary Engineering Plan prior to approval of final plat and final engineering at Developer's sole risk.. B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the right to develop the Subject Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER may from time to time determine in its sole discretion. Developer shall be permitted to submit a Preliminary Plat for the entirety of the Subject Property, and at the same time submit its final plat for the first phase (Phase I) of Development. CITY may request final engineering for certain elements of additional phases as they may affect the final plat for which approval is sought. Nothing herein requires construction of elements outside of the phase of development for which final plat approval is sought. Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plan") for a Phase of Development, which substantially conform with the Preliminary Plan as to such Phase of Development, the CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary Plan, and in compliance with applicable law, and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 7 of this Agreement, for such Phase of Development, and (ii) the payment of applicable fees to the CITY as provided for in this Agreement. The CITY shall cooperate with DEVELOPER to secure such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering Plan are referred to herein collectively as the "Final Plans". Concurrent with and prior to recording a Final Plat for CITY's review of Final Plans for a Phase of Development, DEVELOPER shall submit to the CITY for its review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration") which will be used by DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 21 hereof, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "K" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Backup or Latent SSA, as defined in Paragraph 21 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 21, to fund the cost of 6 July 9,2003 CHO(/12298939.1 • maintaining the Common Facilities. • - . -- •- - -.-.. . - -- Flow Chart on review schedule for EEI into this section.] C. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit "L" on each Final Plat of Subdivision. 5. DEVIATIONS FROM LOCAL CODES. The specific 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 Subject Property ("Permitted Deviations"). ( [We need to include in here deviating from the Comprehensive Plan, i.e. Open Space (applying a min. of 15% of storm`vater management area 6. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of the following utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied or modified by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A-1. Sanitary Sewer Facilities. The City represents to OWNER and DEVELOPER that the sanitary sewer facilities that serve or will serve the Subject Property, owned and operated by Yorkville-Bristol Sanitary District (YBSD) have sufficient capacity to adequately serve the needs of DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. DEVELOPER shall cause the 43-acre portion more or less, of the Subject Property not previously done so, or such developable portions thereof as may be appropriate, to be annexed to the YBSD for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of YBSD([this should be in our agreement with YBSD]). The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of YBSD shall be carried out in substantial compliance with the Final Engineering Plan as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act [("IEPA")l, permitting the construction and connection of the sanitary sewer lines to the YB SD facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. Furthermore, the City agrees to use its' power of condemnation if necessary to secure the necessary easements to affect the sanitary sewer main extensions and the cost and expense incurred by the CITY shall be paid by 7 July 9,2003 CH01/12298939.1 OWNER/DEVELOPER and added to the recapture amounts described in the 1997 Annexation Agreement. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are (fifteen) [less than eighteen USA inches or smaller in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. (The City agrees to cooperate with the requirements of the Illinois Environmental Protection Agency and any other necessary governmental n its ) A-2. If at the time DEVELOPER proposes to develop any portion or Phase of the SUBJECT PROPERTY, either the YorkvilleBristol Sanitary District does not have sufficient capacity or facilities to handle the waste water treatment of that portion or Phase of the SUBJECT PROPERTY being developed or the CITY does not have adequate means of delivery of the aforementioned waste water to the treatment plant, it is agreed that the CITY shall not object to any plan proposed by DEVELOPER to handle the waste water treatment requirements of that portion or Phase of the SUBJECT PROPERTY being developed, which plan may include, without limitation, a land application system or common septic to handle the aforementioned waste water treatment requirements. No individual septic systems shall be permitted in the residential portion of the subdivision. A-3. The CITY represents and warrants to DEVELOPER that 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. B-1. Water Facilities. The CITY represents and warrants that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter 8 July 9,2003 CH01/12298939.1 maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of Final Engineering Plan for each Phase of Development. The CITY agrees that it shall, without cost to DEVELOPER, extend its existing water main to the Subject Property. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall, at its expense, procure sufficient temporary construction and permanent utility easements adjacent to the Subject Property("Offsite Water Easements") to enable the CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Subject Property. B-2. The CITY represents and warrants to DEVELOPER that the CITY'S potable water, fire flow and water storage facilities have sufficient capacity to adequately serve the needs of the DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. C. Permits. There shall be no limit on the number of connection permits or other sewer or utility permits, that can be granted at any given time period during the development and all permits shall be processed in a timely fashion. The Subject Property can be served on a temporary basis by a pump station and force main to the Route 47 Sanitary Sewer Interceptor ("Temporary Pump Station and Force Main") until the Rob Roy Creek Interceptor is available to serve that portion of the Subject Property. [The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including without limitation the IEPA. permittin`, the construction of the Temporary Pum• Station to the YBSD facilities.] In exchange for the DEVELOPER installing the segment of the necessary (PBSD) [YBSD] interceptor sanitary sewer through the Subject Property, which is required at a size, depth and location which exceeds the requirement for Westbury Village, the (City) [CITY] shall waive $1,800 of the required $2,000 City sanitary sewer service connection fee for all units within Subject Property. DEVELOPER shall be responsible for construction of the YBSD interceptor sanitary sewer, as well as the construction of the Temporary Pump Station and Force Main. The (City) [CITY] shall have the right to connect to the Temporary Pump Station and Force Main for the purpose of providing a discharge for the proposed drinking water well near the northeast corner of Route 47 and Corneils Road. The [city's) [CITY'sl right to tie into the Temporary Pump Station and Force Main shall be limited to the discharge from the well house treatment facility, not to exceed gallons per day. If the (City) 9 July 9,2003 CH01/12298939.1 [CITY] does not exercise its right to connect to the Temporary Pump Station and Force Main within 5-years [of the date of this Agreement] that right shall terminate. Additionally, in the event a permanent sanitary sewer interceptor south of Corneils Road is not constructed within five (5) years of the date of this Agreement, and the Temporary Pump Station and [Force] Main remains in use, DEVELOPER (at its sole discretion shall have the right to negotiate) [shall retain] the rights to fuse] any available capacity{ef} ad the Temporary Pump Station and Force Main [with respect to any residential use, and until the Commercial Area on the Subject Property is fully leased shall retain such rights. After the Commecial Area on the Subject Property is fully leased, other commecial properties may connect to the Temporary Pump Station and Force Main, subject to DEVELOPER's right to recapture its proportional costs plus accrued interest in constructing and maintaining the Temporary Pump Station and Force Main, including but not limited to its incidential costsl. D. Recapture. The CITY represents and warrants to DEVELOPER that DEVELOPER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing, the method for financing water and sanitary sewer extensions to the SUBJECT PROPERTY has not been determined, nor is being waived by the CITY; provided such financing does not result in any cost or expense to OWNER, other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. E. Storm Water Facilities. (i) DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of Final Engineering Plan for each Phase of Development, in the following manner: (a) Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering Plan, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. 10 July 9,2003 CHO 1/12298939.1 (b) Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering Plan within that part of the Subject Property designated on the Preliminary Engineering Plan for such purpose, subject to review and approval of Final Engineering for each Phase of Development. (ii) The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. (iii) The CITY shall direct its consultant, Engineering Enterprises, Inc. (EEI) to diligently pursue the required approvals for the Rob Roy Creek Flood Study through the requisite state and federal agencies. If said study has not been approved by state agencies at the time of the first final plat submitted by DEVELOPER to the CITY for approval then the EEI study shall govern the development of the SUBJECT PROPERTY. Failure of approval of the Rob Roy Creek Flood Study by any or all governmental authorities whose approval is required shall not be a basis to deny approval of any preliminary or final plat submitted by DEVELOPER to the CITY for approval hereunder. Riv)s)1(11411 The CITY shall approve a minimum of 15% of the area dedicated to stormwater management for the PROPERTY, to be applied to the "additional open space requirements calculations" as outlined in the current United City of Yorkville Land Use Plan, adopted September 10, 2002. (v) The DEVELOPER shall make improvements to the existing Rob Roy Creek ditch as proposed on the Open Space Plan (Exhibit ). The CITY shall not require additional improvements (beyond those set out on Exhibit ) to the Rob Roy Creek unless such improvements are universally applied to all properties within the CITY. F. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Final Engineering Plan as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering Plan for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike 11 July 9,2003 CHO1/12298939.1 Path, constructed in accordance with the Final Plat and Final Engineering Plan, located in the public right of way. 7. SECURITY INSTRUMENTS. A. Posting Security. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds as Developer, in its sole discretion shall choose, ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "G", attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development; and acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 12 July 9,2003 CHO1/12298939.1 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than 30 days from the date of DEVELOPER's request for approval of any Public Improvements. 9. AMENDMENTS TO ORDINANCES. A. General Applicability. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, stormwater management and drainage, building code requirements, so long as they do not affect the City's International Standards Organization (ISO) insurance rating, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development, if universally applied to all property in the CITY, shall also apply to the Subject Property after five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the Subject Property after a period of seven (7) years from the date of this Agreement. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said seven(7) period. After said seven (7) 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 seven (7ill year period, provided, however, that the application of any such ordinance, regulation or code shall not resalt in a reduction in the number of residential building lots herein approved on the Concept and Preliminary Plan for the Subject Property, alter or eliminate any of the ordinance variations modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the SUBJECT PROPERTY, 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. Furthermore, 13 July 9,2003 CH01/12298939.1 provided that the amended regulation is applicable and enforced generally and uniformly in the City. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction. [B.]. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the City's ISO insurance rating shall be applied during said seven (7) year period so as to: (i) affect the zoning classification of the Subject Property or any Parcel or Phase thereof, (ii) affect the CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified of this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the Subject Property or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the Subject Property and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property and any Parcel or Phase thereof [C.j DEVELOPER and all successor developers of the Subject Property or any Parcel or Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s) to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property or any Parcel or Phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 14 July 9,2003 CH01/12298939.1 (B. Lot Sizes) ID. Performance Standards]. The CITY agrees to the following lot sizes and widths for the land use areas as shown on the Plat (each of the land use areas is referred to as LC "Pod"): 1. Single Family—Detached (Pod 1 — 85 units(,)J Pod 2-120 units; Pod 6- 84 units): a. Minimum lot size 12,000 square feet (Unless the lot back up to open space, in which case the Minimum Lot size shall be reduced to 10,000 s.f.); b. Minimum lot width of 75 feet; 2. Courtyard Homes (Pod 3 — 128 units; Pod 7- [117) 1177!Units): a. Minimum lot size (2,000) [1,800] square feet b. Minimum lot width 24 feet c. Maximum number of units per building= 8 3. Townhome(Pod 5-146 units; Pod 8-150 units): a. Minimum lots size 2,000 square feet b. Minimum lot width 22 feet c. Maximum number of units per building= 8 4 Commercial Area. Standards-TBD; Site plan to be submitted at preliminary and final plan. (c). Residential Setbacks. The City agrees to the following setbacks for the Pods as shown on the Plat: 1. Single Family—Detached—(Pods 1, 2, and 6) 12,000 minimum square foot lots [(Unless) [(unless] the lot backs up to open space, in which case the Minimum Lot Size shall be reduced to 10,000 (s.f.)) [square feet)]: a. Front yard 30' 15 July 9,2003 CH01/12298939.1 b. Exterior corner side yard 20' c. Side yard 8.5' (7.5' on lots containing a 3-car garage) d. Rear yard 40' 2. Courtyard Homes (Pods 3 and 7): a. Front yard 20' b. Exterior corner side yard 20' c. Side yard 15' d. Rear yard 25' 3. Townhome Parcel (Pods 5 and 8): a. Front Yard 20' b. Exterior corner side yard 20' c. Side yard 15' d. Rear yard 25' 4. Commercial Area Standards-TBD; Site plan to be submitted at preliminary and final plan. in-OB}. Clubhouse/Recreational Facilities. Owners/Developers agree to substantially complete the clubhouse and other recreational facilities on or before December 31, 2007, subject to force majeure, abnormally weather conditions and delays that are solely within the control of the Village. 10. BUILDING PERMITS AND RELATED INSPECTIONS. A. The CITY shall act upon each application for a building permit for which DEVELOPER, or its duly authorized representative, in accordance with the approved final plat and approved final engineering for the development of any 16 July 9,2003 CHO 1/12298939.1 Phase of the Subject Property, shall apply, within fifteen (15) business days of the date of the application therefor or within fifteen (15) business days of receipt of the last of the documents and information required to support such application, whichever is later. 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 specifications 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. ( Any building permit fees for residential units within the Annexation Parcel shall be $650 for the first 1,500 square feet of building, and . .. . B. Subject to any other necessary governmental regulatory approval, the CITY shall permit DEVELOPER, and its duly authorized representative, 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 and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNER'S sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY unless the same are lawful and being collected by the CITY from owners, users and developers of similarly situated and zoned property within the CITY limits as of the date of the imposition of such fees. 17 July 9,2003 CHO 1/12298939.1 11. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "F". Notwithstanding the provisions of Paragraph 9 of this Agreement, all national Agreements, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Subject Property upon the expiration of the twelfth (12th) month following the effective date of such Agreement, deletion, or addition, whether during the five (5) or seven (7) year periods next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for herein and so long as they do not affect the City's ISO insurance rating. 12. FEES AND CHARGES. During the first seven (7) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 13. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 14. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District #115 ("School District") and the United City of Yorkville Parks and Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Subject Property in the manner provided for under this Agreement: A-1. School Contribution. OWNER or DEVELOPER shall provide a combination contribution of land and cash-in-lieu of land to the CITY for use by Yorkville Community School District 115 for a school building and associated grounds, ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plan, is 15.0 acres. OWNER or DEVELOPER shall cause fee title to no less than 15.0 acres of land ("School Site"), identified as Parcel_on the Preliminary Plan, to be conveyed to the School District, in partial satisfaction of the School Contribution. The balance of any School Contribution shall be paid by a cash contribution in accordance with the 1997 Annexation Agreement, as applicable and CITY ordinances in the amount attributable to and at the time that building permits are issued by the City for residential units. The location of the School Site shall be in Parcel,as identified on the Preliminary Plan. The School Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. The DEVELOPER shall convey the School Site to the School District no later than the time when the final plat for the Unit containing the School Site is recorded with the Kendall County Recorders office. The DEVELOPER anticipates that the conveyance will take place within 3 years of the recording of the final plat for the first unit of the subdivision. Prior to conveyance of the School 18 July 9,2003 CH01/12298939.1 Site, DEVELOPER shall, at its expense, grade, seed and prepare the School Site in accordance with the approved Final Engineering. The School Site is combined with the Park Site, as defined in Paragraph of this Agreement, and shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. A-2. If the School Site is not actually used for the construction of a school building and associated grounds within three(3) years after recordation of the Final Plat for which said parcel is located, then the School Site shall be re-conveyed to DEVELOPER or DEVELOPER'S successor which shall pay an amount equal to the then most recent cash-in-lieu school impact fee payment to the School District equivalent to the School Site Donation. The CITY shall assist, at DEVELOPER's expense in obtaining the reconveyance of the School Site to DEVELOPER or DEVELOPER's successor including utilizing its power of eminent domain, if necessary. A-3. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3000.00 per unit for residential units within the Annexation Parcel and $1500.00 per residential unit on all other portions of the Subject Property. OWNER and DEVELOPER further agree that one-half of such payments will be in the form of an escrow deposit with CITY at the time of filing for recording of a final plat for each phase of Development, and the remaining one-half of such payments will be in the form of an escrow deposit with City on a per building permit basis as building permits are issued. The City shall release the funds to the School District when demand for the School Building is necessary and the balance of the funds are available, whereupon the money in the escrow will be used by the School District toward the building of a school building or buildings on the School Site. The School District may use the escrowed funds for building or expanding a school building on another site, where children from the subject property may attend school,however, such use of the escrowed funds shall not relieve the School District to construct a school building on the School Site, or to reconvey the School Site to DEVELOPER or DEVELOPER's successor in accordance with paragraph A-2 hereof No other existing or future school transition fees or school impact fees of any kind will apply with respect to the SUBJECT PROPERTY. The method of payment will be in accordance with the CITY's procedure for such payments as of the date of this Agreement. This procedure is for the Builder of a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. The deposited funds will be escrowed and the School District will agree that when demand is necessary and the balance of the funds is available, the money in the escrow will be used by the School District toward the building of a school on the School Site on parcel as identified on the Preliminary Plan. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land and cash-in-lieu of land to the CITY for park purposes ("Park 19 July 9,2003 CH01/12298939.1 Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, based upon the Preliminary Plan is 23.00?? acres. OWNER or DEVELOPER shall cause fee title in Parcel _, as identified on the Concept Plan ("Park Site") to be conveyed to the CITY, in partial satisfaction of the Park Contribution. The balance of any Park Contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of execution of this agreement. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The following fees shall be paid to the CITY for each unit: Development fees. A. Property Included B. Property Included in the in the Annexation Parcel. 1997 Annexation Agreement (Prices are per u nit) (Prices are per unit) Public works $700 $450 Police $300 $150 Engineering $100 $0 Parks $ 50 $0 Building $100 $150 Library $500 $150 Bristol/Kendall Fire $300 $250 City Sewer Connection Fee $2,000 $2,000 City Water Connection Fee $800 $800 Total $4850 $3950 The City acknowledges that Water Meter Costs shall be as follows: Annexation Parcel 1997 Annexation Area Detached Units $xxxx $250 Attached Units $xxxx $325 Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 20 July 9,2003 CHO1/12298939.1 DEVELOPER agrees to pay a Siren Fee for the Annexation Parcel of$75.00 per acre,paid in phases at time of such final plat. (DEVELOEPR) [DEVELOPER], agrees to pre-pay the [Municipal] Building Fee of$150 per unit within fifteen (15)business days of recordation of this agreement, in an amount not to exceed $133,500. 15. PROJECT SIGNS. A. Residential Development Signs. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Westbury Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs for the residential portion of the Subject Property at such locations within or without the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty(20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, or subject to the requirements of any permitting authority other than the CITY or any commercially available offsite sign. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Highlands Property as identified in Exhibit "I", attached hereto. B. Commercial Development Signs. [To be submitted with preliminary and final engineering plan] 21 July 9,2003 CHO1/12298939.1 16. CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the Subject Property or any Parcel or Phase thereof within ten (10) working days after proper application therefor or within ten (10) 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 of 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 shall not require DEVELOPER to prepare and submit individual grading plans for dwelling units constructed on the Subject Property or any Parcel or Phase thereof as a condition precedent to issuance of certificates of occupancy. 17. MODEL HOMES/PRODUCTION UNITS. During the development and build- out period of the Subject Property(subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Subject Property staffed with DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for up to five (5) model homes per pod, and for up to fifteen(15) production dwelling units, shall be issued by the CITY upon proper application therefor prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles, upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of the model homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the Subject Property during the development and build out of the Subject Property, provided any such sales trailers shall be removed within two (2) weeks following issuance of the final occupancy permit for the Subject Property or upon the occupancy of model homes within the Subject Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively"Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final 22 July 9,2003 CH01/12298939.1 Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 18. CONTRACTOR'S TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Subject Property until the issuance of the last final building permit for the Subject Property. 19. TEMPORARY SALES OFFICE TRAILERS. The City agrees to allow the Owners/Developer or Builder to construct and use no more than five (5) temporary sales office trailers, subject to Developer or Builder submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. Said temporary sales office trailer may be constructed within the area referred to as Pod 7 on the Preliminary Plan. Temporary sales office trailers shall be removed at the earlier of such time as the model home/s or model unit's being served by said temporary sales office trailer are available for model occupancy, or when 95% of all units on the Subject Property have occupancy permits. 20. TEMPORARY PARKING. The CITY agrees to allow DEVELOPER to construct temporary parking facilities (with binder course asphalt) or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the Subject Property upon which the model units and sales offices are to be located subject to the approval of the CITY and compliance with the CITY'S building codes. 21. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Subject Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the owner(s) of properties benefitted by the same. The improvements which qualify as oversized and the identity of the benefitted properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 22. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.), shall the CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 23. RECAPTURE AGREEMENTS. A. Benefitting 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 ed.), at the request of the DEVELOPER, the CITY shall enter into agreements for 23 July 9,2003 CHO1/12298939.1 recapture ("Recapture Agreement") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "J" attached hereto ("Recapture Improvements"), constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefitted Property") not located within the Subject Property which connects to said improvements. The Benefitted Properties are identified on said Exhibit "J" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "K". B. Encumbering the Subject Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Subject Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 24. SPECIAL SERVICE AREA. A. Public Improvements to be Financed by SSA Bonds. In order to provide for the maintenance of open space and trail areas OWNERS/DEVELOPER agrees to execute a consent to the creation of a Special Tax Service Area and have approved Ordinances encumbering all residential units of said subdivision, in the event the Homeowners Association for Westbury Village fails to carry out its maintenance responsibilities. The development of the Property shall be in compliance with all Ordinances of the CITY except as modified herein, Preliminary Plat of Subdivision, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, City Land-Cash Ordinance, City School Transition Fee Ordinance, and City Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development Agreement. Except to the extent modified by this Agreement, the Preliminary Plat and Final Plat of each phase of development, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, which have been enacted subsequent 24 July 9,2003 CHO1/12298939.1 to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement or as modified herein or in any of the attachments hereto. Developers and any successor developers, however, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit DEVELOPER, said modifications shall be effective as to Westbury Village in the event DEVELOPER desires to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. B. Improvements Special Service Area. CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in establishing a special service area ("SSA") for the Subject Property to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with the CITY's Special Tax Bond Policy attached as Exhibit "N". Special Service Area-Financing. The CITY agrees that if requested by DEVELOPER, the CITY shall cooperate with DEVELOPER in the establishment of a funding mechanism including, without limitation, sales tax rebates or creation of a Special Service Area (SSA) or other public funding mechanism for the purpose of financing all public improvements to the Subject Property or any part or parts or Phase or Phases thereof then owned by the requesting OWNER, 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 the Subject Property, sanitary sewer facilities, and other public improvements which are acceptable to the SSA and underwriter(s). Such cooperation will include, without limitation, the enactment of ordinances to: (i) create a Special Tax Service Area, and (ii) authorize the issuance and sale of bonds so long as such bonds have no recourse to the CITY; as may be requested by OWNER consistent with CITY policy as established by City Resolution #2002-04, which is attached hereto and incorporated herein by reference. The CITY also agrees to support and cooperate with the OWNER to obtain access to U.S. Route 47 and/or Galena Road, with applicable government agencies. C. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Subject Property, DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If 25 July 9,2003 CH01/12298939.1 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 DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. 25. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, construction at the time each Final Plat for a Phase of Development is recorded, CITY shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plan. In the event an offsite easement is required which was not contemplated in the Preliminary Plan due to a change in circumstances, or in the event CITY is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, in accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred as a result thereof. 26. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly known as Westbury Village in accordance with the Final Plat and Final Engineering Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY, unless the CITY shall be in material breach of this Agreement. Nothing herein shall preclude DEVELOPER from pursuing any other remedy available to it, judicial or otherwise, for breach of this Agreement by CITY. 27. 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. 28. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Subject Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Subject Property, except as otherwise provided in this Agreement. 29. TRANSFER. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the TERRITORY 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 DEVELOPER has under this Agreement, and upon such transfer, such obligations 26 July 9,2003 CH01/12298939.1 relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, except for any security posted by DEVELOPER 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 Subject Property, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing provisions of this Paragraph , the indemnity, defense and hold harmless provisions of Subparagraph and Paragraph , shall be the obligation of the specific owner and/or owners of that portion of the Subject Property upon which such work and/or utility installation is occurring. 30. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with DEVELOPER in obtaining all permits and approvals required by the YorkvilleBristol Sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the Subject Property. 31. GENERAL PROVISIONS. A. Enforcement. 1. 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. 2. 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 nonbreaching party's seeking of any remedy provided herein; provided, however: (i) any breach by OWNER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 3. In the event the performance of any covenant to be performed hereunder by either OWNER or the CITY is delayed for causes which are beyond the 27 July 9,2003 CH01/12298939.1 reasonable control of the party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, k_ 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. 4. 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. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and 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: 28 July 9,2003 CH01/12298939.1 (i) If to OWNER and/or DEVELOPER: Ocean Atlantic 1800 Diagonal Road Suite 425 Alexandria, VA 22314 Attn: Michael Ferraguto Phone: (703)299-6060 Fax: (703)299-6199 with a copy to: Gardner Carton & Douglas 191 N. Wacker Drive Suite 3700 Chicago, IL 60606 Attn: Sanford M. Stein Phone: (312) 569-3000 Fax: (312) 569-3229 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 Phone: (630) 553-4350 Fax: (630) 553-8330 with a copy to: Daniel J. Kramer, Esq. 1007 Al South Bridge Street Yorkville, IL Phone: (630) 553-9500 Fax: (630) 553-5764 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 affect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Highlands Property. 29 July 9,2003 CHO1/12298939.1 F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Subject Property not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects, which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph 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. 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 opened phase due to any CITY- imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water July 9,2003 30 CHO1/12298939.1 main extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol Sanitary District. O. Highways 47, Galena Road, and Corneils Road Entrances. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highway 47, Galena Road and Corneils Road. P. 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. Q. 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, or OWNER, including, but not limited to, county, state or federal regulatory bodies. 31 July 9,2003 CH01/12298939.1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: CITY: OCEAN ATLANTIC CHICAGO, LLC, UNITED CITY OF YORKVILLE, an A Delaware Limited Liability Company By: Ocean Atlantic Service Corp., Manager By: By: John C. Carroll Mayor Title: President Attest: Dated: Dated: OWNER ESTATE OF RICHARD &HENRIETTA UNDESSER By: Title: Member Dated: 32 July 9,2003 CH01/12298939.1 LIST OF EXHIBITS EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "C-1": EXHIBIT "D": EXHIBIT "E": EXHIBIT "F": EXHIBIT "G": EXHIBIT "H": EXHIBIT "I": EXHIBIT "J": EXHIBIT "K": EXHIBIT "L": EXHIBIT "M": 33 July 9,2003 CH01/12298939.1 • , TABLE OF CONTENTS • Page { CHO1/12298939. 1July 9,2003 i_ WARNING: This section retains the original formatting, including headers and footers, of the main document. If you delete the section break above this message, any special formatting, including headers and footers for the Table of Contents/Authorities section will be lost. If you delete the section break above the Table of Contents/Authorities, you will overwrite the headers and footers of the main document with Table of Contents/Authorities headers and footers. To delete the Table of Contents/Authorities, begin your selection at the section break above the TOC/TOA section and continue through the end of this message. July 9,2003 CHO 1/12298939.1 This redlined draft, generated by CompareRite (TM) -The Instant Redliner, shows the differences between - original document : F:\DOCUMENTS\CH02\STEIS\AGTCORP\D8QDS07!.DOC and revised document: F:\DOCUMENTS\CH02\STEIS\AGTCORP\D8QDS08!.DOC CompareRite found 36 change(s) in the text Deletions appear as Overstrike text surrounded by {} Additions appear as Bold+Dbl Underline text surrounded by [] July 9,2003 CH01/12298939.1 TABLE OF CONTENTS Page RECITALS: 1 1. LEGAL CONFORMANCE WITH LAW 3 2. ANNEXATION. 3 3. ZONING. 5 4. SUBDIVISION OF UNDESSER PROPERTY. 5 5. DEVIATIONS FROM LOCAL CODES. 7 6. UTILITIES AND PUBLIC IMPROVEMENTS 7 7. SECURITY INSTRUMENTS. 11 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. 12 9. AMENDMENTS TO ORDINANCES. 12 10. BUILDING PERMITS AND RELATED INSPECTIONS 14 11. BUILDING CODE 15 12. FEES AND CHARGES 15 13. CONTRIBUTIONS 15 14. OWNER'S/DEVELOPER'S CONTRIBUTIONS 15 15. PROJECT SIGNS. 17 16. CERTIFICATES OF OCCUPANCY 18 17. MODEL HOMES/PRODUCTION UNITS 18 18. CONTRACTOR'S TRAILERS. 19 19. TEMPORARY SALES OFFICE TRAILERS 19 20. TEMPORARY PARKING. 19 21. OVERSIZING OF IMPROVEMENTS 19 22. LIMITATIONS. 19 23. RECAPTURE AGREEMENTS. 19 24. SPECIAL SERVICE AREA. 20 25. ONSITE EASEMENTS AND IMPROVEMENTS 21 26. OFFSITE EASEMENTS AND CONSTRUCTION. 21 27. DISCONNECTION. 22 28. CONFLICT IN REGULATIONS. 22 29. ANNEXATION FEE. 22 30. TRANSFER. 22 31. CITY ASSISTANCE. 22 32. GENERAL PROVISIONS 23 CHO1/12298939. iJuly 9,2003 _1_ r�� A WARNING: This section retains the original formatting, including headers and footers, of the main document. If you delete the section break above this message, any special formatting, including headers and footers for the Table of Contents/Authorities section will be lost. If you delete the section break above the Table of Contents/Authorities, you will overwrite the headers and footers of the main document with Table of Contents/Authorities headers and footers. To delete the Table of Contents/Authorities, begin your selection at the section break above the TOC/TOA section and continue through the end of this message. l July 9, 2003 CH01/12298939.1 THIS INSTRUMENT PREPARED BY AND RETURN TO: Sanford M. Stein Gardner Carton & Douglas, LLC 191 N. Wacker Drive, Suite 3700 Chicago, IL 60606 (312) 569-1229 Fax: (312)-569-3229 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2003, by and between OCEAN ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER") THE ESTATE OF RICHARD A. UNDESSER and HENRIETTA UNDESSER ("OWNER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit"A" attached hereto ("Undesser Property"). B. OWNER and the City, have heretofore entered into that certain Annexation Agreement dated July 1, 1997 with the City ("the 1997 Annexation Agreement") which provided for, among other things, the annexation of a portion of the Undesser Property to the City. C. The OWNER desires to annex additional property legally described on Exhibit "B" attached hereto (the "Annexation Parcel"), to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Westbury Subdivision (approximately 300 acres). The Annexation Parcel is comprised of 43 acres more or less and is shown on the Plat of Annexation attached hereto as Exhibit B-1. The Annexation Parcel is contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other city. July 9,2003 CHO1/12298939.1 D. 1. The Annexation Parcel is located within the Bristol Kendall Township Fire Protection District, the Bristol Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by the CITY'S public library. 2. The corporate authorities of the CITY, after due and careful consideration, have concluded that the annexation of the Annexation Parcel to the CITY would further the growth of the CITY, enable the CITY to control the development of the area and serve the best interests of the CITY. E. DEVELOPER desires to proceed with the development of the Undesser Property and the Annexation Parcel (hereinafter collectively referred to as the `Subject Property") for residential and commercial use in accordance with the terms and provisions of this Agreement. F. DEVELOPER further desires to amend the 1997 Annexation Agreement as it pertains to, and in accordance with, the terms and provisions of this Agreement in order to facilitate the development of the Subject Property for a residential Planned Unit Development, and the City is agreeable to amending the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement. This Agreement is not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the other real estate being the subject of the 1997 Annexation Agreement, except as modified by this Agreement. G. DEVELOPER proposes that a portion of the Subject Property be rezoned from Kendall County A-1 Agricultural,and United City of Yorkville B-3 Service Business District and A-1 Agricultural, to United City of Yorkville Planned Unit Development with zoning districts ("Amended Zoning Districts") of B-3 Service Business District with special use, R-2 PUD. One Family Residence District, R-3 PUD General Residence District, and R-4 PUD General Residence District. A legal description of each of the Amended Zoning Districts is attached hereto and made a part hereof as Exhibit B-2. A graphic description of the Amended Zoning District is attached hereto as Exhibit B-3. H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities, after due and careful consideration, have concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Subject Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. 2 July 9,2003 CHO1/12298939.1 K. (i) Each party agrees that it is in the best interests of the OWNER, DEVELOPER and the City to develop the Subject Property as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the Subject Property. (iii) The Annexation Parcel is located contiguous to the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. L. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Subject Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. M. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and DEVELOPER. N. The OWNER and DEVELOPER and their representatives have discussed the proposed annexation of the Annexation Parcel and have held public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties, hereby agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION. A. As to the Annexation Parcel, this Agreement is made pursuant to and in accordance with the provisions of Sections 5/1 115.11 et.seq., of the Illinois 3 July 9,2003 CH01/12298939.1 Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect to the Subject Property, this Agreement is made pursuant to the Planned Unit Development requirements of Illinois Compiled Statutes and the Special Use Ordinance of the CITY; that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 5/1 115.11 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. As to the Annexation Parcel, the OWNER has filed with the City Clerk of the CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s) before the applicable corporate authorities of the CITY, which hearings were held in accordance with the provisions of the Statutes of the State of Illinois. C. Upon the execution of this Agreement by the OWNER, the CITY shall execute this Agreement and enact ordinances necessary to annex the Annexation Parcel into the corporate limits of the CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that the CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time, the annexation of the Annexation Parcel 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 the OWNER 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 Annexation Parcel and/or other properties to the CITY so that the annexation of Annexation Parcel to the CITY can be sustained and/or effected. 3. ZONING. Contemporaneously with the annexation of the Annexation Parcel and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to amend the Zoning Ordinance of the CITY such that the Subject Property can be zoned and used within the following zoning classifications: the Subject Property B-3 Service Business District with special use, R-2 One Family Residence District, R-3 General Residence District, and R-4 General Residence District. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. 4. SUBDIVISION OF UNDESSER PROPERTY. A. Approval of Preliminary Plan(Preliminary Site Plan, Preliminary Landscaping and Preliminary Engineering). 4 July 9,2003 CH01/12298939.1 (i) DEVELOPER has submitted to the CITY a Preliminary Site Plan for the Subject Property(prepared by The Lannert Group dated May 15, 2003), a copy of which Preliminary Site Plan is attached hereto and made a part hereof as Exhibit "C" ("Preliminary Site Plan"). DEVELOPER has also submitted to the CITY a preliminary landscape plan for the Undesser Property(prepared by The Lannert Group dated , 2003), a copy of which is attached hereto as Exhibit"D" ("Preliminary Landscape Plan"), and preliminary engineering plan (prepared by Cemcon, Ltd. dated , 2003) a copy of which preliminary engineering plan is attached hereto as Exhibit"E" ("Preliminary Engineering Plan"). The Preliminary Site Plan, Preliminary Landscape Plan and Preliminary Engineering Plan are collectively referred to as the Preliminary Plan. Prior to execution of this Agreement, DEVELOPER has submitted the Preliminary Plan to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Preliminary Plan as complying with all the provisions of the Subdivision Regulations and the Zoning Ordinance of the CITY, except for those items for which variations or deviations have been granted, as set forth in this Agreement. In accordance with the development concepts set forth in the Preliminary Plan, the Subject Property shall be developed in substantial conformance with the one-family and multi-family dwelling unit and commercial concepts set forth therein, with a total buildable subdivided lot count not to exceed 289 of one-family lots, 601 multi-family units including 278 Townhome Units and 323 Courtyard Home Units and 22.7 acres of commercial area, within the Subject Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B. hereof. As used in this Agreement, the term "Courtyard Home" shall mean townhome type units situated around a center court with rear garage entry. (Lannert to provia: - . _ , - . _ _ -. --- _. - . - - . . . . _ - " - . . . - _ _". " all The Developer is required to submit a preliminary plat that substantially conforms with the Preliminary Site Plan, for review and approval in accordance with City Ordinances. The Subject Property shall be developed in the manner and in accordance with the development concept set forth in the Preliminary Plan, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Subject Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Subject Property, shall be substantially as provided in the Preliminary Engineering Plan. (iii) DEVELOPER is authorized to undertake mass earthwork and grading of 5 July 9,2003 CH01/12298939.1 the Subject Property, or so much thereof as DEVELOPER shall choose, after approval of the Preliminary Site Plan and the Preliminary Engineering Plan prior to approval of final plat and final engineering at Developer's sole risk.. B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the right to develop the Subject Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER may from time to time determine in its sole discretion. Developer shall be permitted to submit a Preliminary Plat for the entirety of the Subject Property, and at the same time submit its final plat for the first phase (Phase I) of Development. CITY may request final engineering for certain elements of additional phases as they may affect the final plat for which approval is sought. Nothing herein requires construction of elements outside of the phase of development for which final plat approval is sought. Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plan") for a Phase of Development, which substantially conform with the Preliminary Plan as to such Phase of Development, the CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary Plan, and in compliance with applicable law, and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 7 of this Agreement, for such Phase of Development, and (ii) the payment of applicable fees to the CITY as provided for in this Agreement. The CITY shall cooperate with DEVELOPER to secure such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering Plan are referred to herein collectively as the"Final Plans". Concurrent with and prior to recording a Final Plat for CITY's review of Final Plans for a Phase of Development, DEVELOPER shall submit to the CITY for its review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration") which will be used by DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 21 hereof, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "K" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Backup or Latent SSA, as defined in Paragraph 21 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 21, to fund the cost of 6 July 9,2003 CHO1/12298939.1 maintaining the Common Facilities. Flow Chart on review schedule for EEI into this section.] } C. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit "L" on each Final Plat of Subdivision. 5. DEVIATIONS FROM LOCAL CODES. The specific 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 Subject Property ("Permitted Deviations"). ( [We need to include in here deviating from the . ".::• - " stormwater management and level of physical improvements to the creek/ditch itself]) 6. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of the following utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied or modified by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A-1. Sanitary Sewer Facilities. The City represents to OWNER and DEVELOPER that the sanitary sewer facilities that serve or will serve the Subject Property, owned and operated by Yorkville-Bristol Sanitary District(YBSD) have sufficient capacity to adequately serve the needs of DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. DEVELOPER shall cause the 43-acre portion more or less, of the Subject Property not previously done so, or such developable portions thereof as may be appropriate, to be annexed to the YBSD for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of YBSD([this should be in our agreement with YBSD]). The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of YBSD shall be carried out in substantial compliance with the Final Engineering Plan as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act ]("IEPA")], permitting the construction and connection of the sanitary sewer lines to the YBSD facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. Furthermore, the City agrees to use its' power of condemnation if necessary to secure the necessary easements to affect the sanitary sewer main extensions and the cost and expense incurred by the CITY shall be paid by 7 July 9,2003 CH01/12298939.1 OWNER/DEVELOPER and added to the recapture amounts described in the 1997 Annexation Agreement. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18) inches or more in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense,be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are [fifteen) [less than eighteen (18)1 inches or smaller in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. (The City agrees to cooperate with the requirements of the Illinois Environmental Protection Agency and any other necessary governmental requirements.) A-2. If at the time DEVELOPER proposes to develop any portion or Phase of the SUBJECT PROPERTY, either the YorkvilleBristol Sanitary District does not have sufficient capacity or facilities to handle the waste water treatment of that portion or Phase of the SUBJECT PROPERTY being developed or the CITY does not have adequate means of delivery of the aforementioned waste water to the treatment plant, it is agreed that the CITY shall not object to any plan proposed by DEVELOPER to handle the waste water treatment requirements of that portion or Phase of the SUBJECT PROPERTY being developed, which plan may include, without limitation, a land application system or common septic to handle the aforementioned waste water treatment requirements. No individual septic systems shall be permitted in the residential portion of the subdivision. A-3. The CITY represents and warrants to DEVELOPER that 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. B-1. Water Facilities. The CITY represents and warrants that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter 8 July 9,2003 CH01/12298939.1 maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of Final Engineering Plan for each Phase of Development. The CITY agrees that it shall, without cost to DEVELOPER, extend its existing water main to the Subject Property. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall, at its expense, procure sufficient temporary construction and permanent utility easements adjacent to the Subject Property("Offsite Water Easements") to enable the CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Subject Property. B-2. The CITY represents and warrants to DEVELOPER that the CITY'S potable water, fire flow and water storage facilities have sufficient capacity to adequately serve the needs of the DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. C. Permits. There shall be no limit on the number of connection permits or other sewer or utility permits, that can be granted at any given time period during the development and all permits shall be processed in a timely fashion. The Subject Property can be served on a temporary basis by a pump station and force main to the Route 47 Sanitary Sewer Interceptor ("Temporary Pump Station and Force Main") until the Rob Roy Creek Interceptor is available to serve that portion of the Subject Property. [The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining_such I ermits as ma be re I uired from time to time by both federal and state law, including without limitation the IEPA, permitting the construction of the Temporary Pump Station to the YBSD facilities.] In exchange for the DEVELOPER installing the segment of the necessary (PBSD) [YBSD] interceptor sanitary sewer through the Subject Property, which is required at a size, depth and location which exceeds the requirement for Westbury Village, the (City) JCITY] shall waive $1,800 of the required $2,000 City sanitary sewer service connection fee for all units within Subject Property. DEVELOPER shall be responsible for construction of the YBSD interceptor sanitary sewer, as well as the construction of the Temporary Pump Station and Force Main. The ity) [CITY] shall have the right to connect to the Temporary Pump Station and Force Main for the purpose of providing a discharge for the proposed drinking water well near the northeast corner of Route 47 and Corneils Road. The (city's) [CITY'sj right to tie into the Temporary Pump Station and Force Main shall be limited to the discharge from the well house treatment facility, not to exceed gallons per day. If the (City) 9 July 9,2003 CHO 1/12298939.1 (CITY' does not exercise its right to connect to the Temporary Pump Station and Force Main within 5-years [of the date of this Agreement] that right shall terminate. Additionally, in the event a permanent sanitary sewer interceptor south of Corneils Road is not constructed within five (5) years of the date of this Agreement, and the Temporary Pump Station and- fie) [Force] Main remains in use, DEVELOPER (at its sole discretion shall have the right to negotiate) [shall retain] the rights to (use' any available capacity -{e€} in the Temporary Pump Station and Force Main [with respect to any residential use, and until the Commercial Area on the Subject Property is fully leased shall retain such rights. After the Commecial Area on the Subject Property is fully leased, other commecial properties may connect to the Temporary Pump Station and Force Main, subject to DEVELOPER's right to recapture its proportional costs plus accrued interest in constructing and maintaining the Temporary Pump Station and Force Main, including but not limited to its incidential costs]. D. Recapture. The CITY represents and warrants to DEVELOPER that DEVELOPER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing, the method for financing water and sanitary sewer extensions to the SUBJECT PROPERTY has not been determined, nor is being waived by the CITY; provided such financing does not result in any cost or expense to OWNER, other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. E. Storm Water Facilities. (i) DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of Final Engineering Plan for each Phase of Development, in the following manner: (a) Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering Plan, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. 10 July 9,2003 CH01/12298939.1 (b) Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering Plan within that part of the Subject Property designated on the Preliminary Engineering Plan for such purpose, subject to review and approval of Final Engineering for each Phase of Development. (ii) The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. (iii) The CITY shall direct its consultant, Engineering Enterprises, Inc. (EEI) to diligently pursue the required approvals for the Rob Roy Creek Flood Study through the requisite state and federal agencies. If said study has not been approved by state agencies at the time of the first final plat submitted by DEVELOPER to the CITY for approval then the EEI study shall govern the development of the SUBJECT PROPERTY. Failure of approval of the Rob Roy Creek Flood Study by any or all governmental authorities whose approval is required shall not be a basis to deny approval of any preliminary or final plat submitted by DEVELOPER to the CITY for approval hereunder. ((iv)s) iv The CITY shall approve a minimum of 15% of the area dedicated to stormwater management for the PROPERTY, to be applied to the "additional open space requirements calculations" as outlined in the current United City of Yorkville Land Use Plan, adopted September 10, 2002. (v) The DEVELOPER shall make improvements to the existing Rob Roy Creek ditch as proposed on the Open Space Plan(Exhibit ). The CITY shall not require additional improvements (beyond those set out on Exhibit ) to the Rob Roy Creek unless such improvements are universally applied to all properties within the CITY. F. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Final Engineering Plan as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering Plan for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike 11 July 9,2003 CHO1/12298939.1 Path, constructed in accordance with the Final Plat and Final Engineering Plan, located in the public right of way. 7. SECURITY INSTRUMENTS. A. Posting Security. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds as Developer, in its sole discretion shall choose, ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "G", attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development; and acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, DEVELOPER shall be released from the obligations secured by its Security Instruments forP ublic improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 12 July 9,2003 CH01/12298939.1 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than 30 days from the date of DEVELOPER's request for approval of any Public Improvements. 9. AMENDMENTS TO ORDINANCES. A. General Applicability. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, stormwater management and drainage, building code requirements, so long as they do not affect the City's International Standards Organization (ISO) insurance rating, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development, if universally applied to all property in the CITY, shall also apply to the Subject Property after five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the Subject Property after a period of seven (7) years from the date of this Agreement. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said seven(7) period. After said seven (7) 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 seven (712 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 on the Concept and Preliminary Plan for the Subject Property, alter or eliminate any of the ordinance variations modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the SUBJECT PROPERTY, 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. Furthermore, 13 July 9,2003 CHO1/12298939.1 provided that the amended regulation is applicable and enforced generally and uniformly in the City. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction. [B.] Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the City's ISO insurance rating shall be applied during said seven (7) year period so as to: (i) affect the zoning classification of the Subject Property or any Parcel or Phase thereof, (ii) affect the CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified of this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the Subject Property or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the Subject Property and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property and any Parcel or Phase thereof. [C.] DEVELOPER and all successor developers of the Subject Property or any Parcel or Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s) to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property or any Parcel or Phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 14 July 9,2003 CHO 1/12298939.1 (B. Lot Sizes) DD. Performance Standards]. The CITY agrees to the following lot sizes and widths for the land use areas as shown on the Plat (each of the land use areas is referred to as al"Pod"): 1. Single Family—Detached (Pod 1 —85 units{,)L Pod 2-120 units; Pod 6- 84 units): a. Minimum lot size 12,000 square feet (Unless the lot back up to open space, in which case the Minimum Lot size shall be reduced to 10,000 s.f.); b. Minimum lot width of 75 feet; 2. Courtyard Homes (Pod 3 — 128 units; Pod 7- (117) [1771 Units): a. Minimum lot size (2,000) [1,800] square feet b. Minimum lot width 24 feet c. Maximum number of units per building= 8 3. Townhome (Pod 5-146 units; Pod 8-150 units): a. Minimum lots size 2,000 square feet b. Minimum lot width 22 feet c. Maximum number of units per building= 8 4 Commercial Area. Standards-TBD; Site plan to be submitted at preliminary and final plan. EE (C). Residential Setbacks. The City agrees to the following setbacks for the Pods as shown on the Plat: 1. Single Family—Detached—(Pods 1, 2, and 6) 12,000 minimum square foot lots ((Unless)((unless] the lot backs up to open space, in which case the Minimum Lot Size shall be reduced to 10,000 (s.£)} [square feet)]: a. Front yard 30' 15 July 9,2003 CHO1/12298939.1 b. Exterior corner side yard 20' c. Side yard 8.5' (7.5' on lots containing a 3-car garage) d. Rear yard 40' 2. Courtyard Homes (Pods 3 and 7): a. Front yard 20' b. Exterior corner side yard 20' c. Side yard 15' d. Rear yard 25' 3. Townhome Parcel (Pods 5 and 8): a. Front Yard 20' b. Exterior corner side yard 20' c. Side yard 15' d. Rear yard 25' 4. Commercial Area tea. Standards-TBD; Site plan to be submitted at preliminary and final plan. 44. Clubhouse/Recreational Facilities. Owners/Developers agree to substantially complete the clubhouse and other recreational facilities on or before December 31, 2007, subject to force majeure, abnormally weather conditions and delays that are solely within the control of the Village. 10. BUILDING PERMITS AND RELATED INSPECTIONS. A. The CITY shall act upon each application for a building permit for which DEVELOPER, or its duly authorized representative, in accordance with the approved final plat and approved final engineering for the development of any 16 July 9,2003 CHO1/12298939.1 Phase of the Subject Property, shall apply, within fifteen (15) business days of the date of the application therefor or within fifteen (15) business days of receipt of the last of the documents and information required to support such application, whichever is later. 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 specifications of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building pelniits upon the compliance with those legal and documentary requirements so specified by the CITY. ..' .•- .- ---• - - . . - '. . ' -•- Annexation Parcel shall be $650 for the first 1,500 square feet of building, and $0.20/SF for any area more . !! . .. - -• .. B. Subject to any other necessary governmental regulatory approval, the CITY shall permit DEVELOPER, and its duly authorized representative, 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 and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNER'S sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY unless the same are lawful and being collected by the CITY from owners, users and developers of similarly situated and zoned property within the CITY limits as of the date of the imposition of such fees. 17 July 9,2003 CHO1/12298939.1 11. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "F". Notwithstanding the provisions of Paragraph 9 of this Agreement, all national Agreements, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Subject Property upon the expiration of the twelfth (12th) month following the effective date of such Agreement, deletion, or addition, whether during the five (5) or seven (7) year periods next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for herein and so long as they do not affect the City's ISO insurance rating. 12. FEES AND CHARGES. During the first seven (7) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 13. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 14. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District#115 ("School District") and the United City of Yorkville Parks and Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Subject Property in the manner provided for under this Agreement: A-1. School Contribution. OWNER or DEVELOPER shall provide a combination contribution of land and cash-in-lieu of land to the CITY for use by Yorkville Community School District 115 for a school building and associated grounds, ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plan, is 15.0 acres. OWNER or DEVELOPER shall cause fee title to no less than 15.0 acres of land ("School Site"), identified as Parcel on the Preliminary Plan, to be conveyed to the School District, in partial satisfaction of the School Contribution. The balance of any School Contribution shall be paid by a cash contribution in accordance with the 1997 Annexation Agreement, as applicable and CITY ordinances in the amount attributable to and at the time that building permits are issued by the City for residential units. The location of the School Site shall be in Parcel _as identified on the Preliminary Plan. The School Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. The DEVELOPER shall convey the School Site to the School District no later than the time when the final plat for the Unit containing the School Site is recorded with the Kendall County Recorders office. The DEVELOPER anticipates that the conveyance will take place within 3 years of the recording of the final plat for the first unit of the subdivision. Prior to conveyance of the School 18 July 9,2003 CHO1/12298939.1 Site, DEVELOPER shall, at its expense, grade, seed and prepare the School Site in accordance with the approved Final Engineering. The School Site is combined with the Park Site, as defined in Paragraph of this Agreement, and shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. A-2. If the School Site is not actually used for the construction of a school building and associated grounds within three (3) years after recordation of the Final Plat for which said parcel is located, then the School Site shall be re-conveyed to DEVELOPER or DEVELOPER'S successor which shall pay an amount equal to the then most recent cash-in-lieu school impact fee payment to the School District equivalent to the School Site Donation. The CITY shall assist, at DEVELOPER's expense in obtaining the reconveyance of the School Site to DEVELOPER or DEVELOPER's successor including utilizing its power of eminent domain, if necessary. A-3. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3000.00 per unit for residential units within the Annexation Parcel and $1500.00 per residential unit on all other portions of the Subject Property. OWNER and DEVELOPER further agree that one-half of such payments will be in the form of an escrow deposit with CITY at the time of filing for recording of a final plat for each phase of Development, and the remaining one-half of such payments will be in the form of an escrow deposit with City on a per building permit basis as building permits are issued. The City shall release the funds to the School District when demand for the School Building is necessary and the balance of the funds are available, whereupon the money in the escrow will be used by the School District toward the building of a school building or buildings on the School Site. The School District may use the escrowed funds for building or expanding a school building on another site, where children from the subject property may attend school,however, such use of the escrowed funds shall not relieve the School District to construct a school building on the School Site, or to reconvey the School Site to DEVELOPER or DEVELOPER's successor in accordance with paragraph A-2 hereof. No other existing or future school transition fees or school impact fees of any kind will apply with respect to the SUBJECT PROPERTY. The method of payment will be in accordance with the CITY's procedure for such payments as of the date of this Agreement. This procedure is for the Builder of a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. The deposited funds will be escrowed and the School District will agree that when demand is necessary and the balance of the funds is available, the money in the escrow will be used by the School District toward the building of a school on the School Site on parcel as identified on the Preliminary Plan. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land and cash-in-lieu of land to the CITY for park purposes ("Park 19 July 9,2003 CHO 1/12298939.1 Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, based upon the Preliminary Plan is 23.00?? acres. OWNER or DEVELOPER shall cause fee title in Parcel _, as identified on the Concept Plan ("Park Site") to be conveyed to the CITY, in partial satisfaction of the Park Contribution. The balance of any Park Contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of execution of this agreement. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The following fees shall be paid to the CITY for each unit: Development fees. . A. Property Included B. Property Included in the in the Annexation Parcel. 1997 Annexation Agreement (Prices are per u nit) (Prices are per unit) Public works $700 $450 Police $300 $150 Engineering $100 $0 Parks $ 50 $0 Building $100 $150 Library $500 $150 Bristol/Kendall Fire $300 $250 City Sewer Connection Fee $2,000 $2,000 City Water Connection Fee $800 $800 Total $4850 $3950 The City acknowledges that Water Meter Costs shall be as follows: Annexation Parcel 1997 Annexation Area Detached Units $xxxx $250 Attached Units $xxxx $325 (The annexation parcel water meter fee to be determined with the adoption of the revised/amended ordinance) Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential 20 July 9,2003 CH01/12298939.1 dwelling unit. DEVELOPER agrees to pay a Siren Fee for the Annexation Parcel of$75.00 per acre,paid in phases at time of such final plat. {DEVELOEPR) [DEVELOPER] agrees to pre-pay the [Municipal] Building Fee of$150 per unit within fifteen (15)business days of recordation of this agreement, in an amount not to exceed $133,500. 15. PROJECT SIGNS. A. Residential Development Signs. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Westbury Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs for the residential portion of the Subject Property at such locations within or without the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty(20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, or subject to the requirements of any permitting authority other than the CITY or any commercially available offsite sign. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Highlands Property as identified in Exhibit "I", attached hereto. B. Commercial Development Signs. [To be submitted with preliminary and final engineering plan] 16. CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the Subject Property or any Parcel or Phase thereof within ten (10) working days after proper application therefor or within ten (10) 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 of 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 shall not require DEVELOPER to prepare and submit individual grading plans for 21 July 9,2003 CHO 1/12298939.1 dwelling units constructed on the Subject Property or any Parcel or Phase thereof as a condition precedent to issuance of certificates of occupancy. 17. MODEL HOMES/PRODUCTION UNITS. During the development and build- out period of the Subject Property(subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Subject Property staffed with DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for up to five (5) model homes per pod, and for up to fifteen (15)production dwelling units, shall be issued by the CITY upon proper application therefor prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles, upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of the model homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the Subject Property during the development and build out of the Subject Property, provided any such sales trailers shall be removed within two (2) weeks following issuance of the final occupancy permit for the Subject Property or upon the occupancy of model homes within the Subject Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively"Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 18. CONTRACTOR'S TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Subject Property until the issuance of the last final building permit for the Subject Property. 22 July 9,2003 CHO1/12298939.1 19. TEMPORARY SALES OFFICE TRAILERS. The City agrees to allow the Owners/Developer or Builder to construct and use no more than five (5) temporary sales office trailers, subject to Developer or Builder submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. Said temporary sales office trailer may be constructed within the area referred to as Pod 7 on the Preliminary Plan. Temporary sales office trailers shall be removed at the earlier of such time as the model home/s or model unit/s being served by said temporary sales office trailer are available for model occupancy, or when 95% of all units on the Subject Property have occupancy permits. 20. TEMPORARY PARKING. The CITY agrees to allow DEVELOPER to construct temporary parking facilities (with binder course asphalt) or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the Subject Property upon which the model units and sales offices are to be located subject to the approval of the CITY and compliance with the CITY'S building codes. 21. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Subject Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the owner(s) of properties benefitted by the same. The improvements which qualify as oversized and the identity of the benefitted properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 22. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.), shall the CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 23. RECAPTURE AGREEMENTS. A. Benefitting 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 ed.), at the request of the DEVELOPER, the CITY shall enter into agreements for recapture ("Recapture Agreement") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "J" attached hereto ("Recapture Improvements"), constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefitted Property") not located within the Subject Property which connects to said improvements. The Benefitted Properties are identified on said Exhibit "J" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"K". 23 July 9,2003 CHO 1/12298939.1 B. Encumbering the Subject Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Subject Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 24. SPECIAL SERVICE AREA. A. Public Improvements to be Financed by SSA Bonds. In order to provide for the maintenance of open space and trail areas OWNERS/DEVELOPER agrees to execute a consent to the creation of a Special Tax Service Area and have approved Ordinances encumbering all residential units of said subdivision, in the event the Homeowners Association for Westbury Village fails to carry out its maintenance responsibilities. The development of the Property shall be in compliance with all Ordinances of the CITY except as modified herein, Preliminary Plat of Subdivision, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, City Land-Cash Ordinance, City School Transition Fee Ordinance, and City Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development Agreement. Except to the extent modified by this Agreement, the Preliminary Plat and Final Plat of each phase of development, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement or as modified herein or in any of the attachments hereto. Developers and any successor developers, however, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit DEVELOPER, said modifications shall be 24 July 9,2003 CH01/12298939.1 effective as to Westbury Village in the event DEVELOPER desires to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. B. Improvements Special Service Area. CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in establishing a special service area ("SSA") for the Subject Property to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with the CITY's Special Tax Bond Policy attached as Exhibit "N". Special Service Area-Financing. The CITY agrees that if requested by DEVELOPER, the CITY shall cooperate with DEVELOPER in the establishment of a funding mechanism including, without limitation, sales tax rebates or creation of a Special Service Area (SSA) or other public funding mechanism for the purpose of financing all public improvements to the Subject Property or any part or parts or Phase or Phases thereof then owned by the requesting OWNER, 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 the Subject Property, sanitary sewer facilities, and other public improvements which are acceptable to the SSA and underwriter(s). Such cooperation will include, without limitation, the enactment of ordinances to: (i) create a Special Tax Service Area, and (ii) authorize the issuance and sale of bonds so long as such bonds have no recourse to the CITY; as may be requested by OWNER consistent with CITY policy as established by City Resolution #2002-04, which is attached hereto and incorporated herein by reference. The CITY also agrees to support and cooperate with the OWNER to obtain access to U.S. Route 47 and/or Galena Road, with applicable government agencies. C. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Subject Property, DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plan and in this Agreement, the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. 25 July 9,2003 CH01/12298939.1 25. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, construction at the time each Final Plat for a Phase of Development is recorded, CITY shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plan. In the event an offsite easement is required which was not contemplated in the Preliminary Plan due to a change in circumstances, or in the event CITY is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, in accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred as a result thereof. 26. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly known as Westbury Village in accordance with the Final Plat and Final Engineering Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY, unless the CITY shall be in material breach of this Agreement. Nothing herein shall preclude DEVELOPER from pursuing any other remedy available to it,judicial or otherwise, for breach of this Agreement by CITY. 27. 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. 28. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Subject Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Subject Property, except as otherwise provided in this Agreement. 29. TRANSFER. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the TERRITORY 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 DEVELOPER has under this Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, except for any security posted by DEVELOPER 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 Subject Property, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing provisions of this Paragraph , the indemnity, defense and hold harmless provisions of Subparagraph and Paragraph , shall be the obligation of the specific owner and/or owners of that portion of the Subject Property upon which such work and/or utility installation is occurring. 26 July 9,2003 CHO1/12298939.1 30. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with DEVELOPER in obtaining all permits and approvals required by the YorkvilleBristol Sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the Subject Property. 31. GENERAL PROVISIONS. A. Enforcement. 1. 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. 2. 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 nonbreaching party's seeking of any remedy provided herein; provided, however: (i) any breach by OWNER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 3. In the event the performance of any covenant to be performed hereunder by either OWNER or the CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not 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. 4. 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 27 July 9,2003 CHO1/12298939.1 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. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to OWNER and/or DEVELOPER: Ocean Atlantic 1800 Diagonal Road Suite 425 Alexandria, VA 22314 Attn: Michael Ferraguto Phone: (703) 299-6060 Fax: (703) 299-6199 28 July 9,2003 CHO 1/12298939.1 with a copy to: Gardner Carton & Douglas 191 N. Wacker Drive Suite 3700 Chicago, IL 60606 Attn: Sanford M. Stein Phone: (312) 569-3000 Fax: (312) 569-3229 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 Phone: (630) 553-4350 Fax: (630) 553-8330 with a copy to: Daniel J. Kramer, Esq. 1007 Al South Bridge Street Yorkville, IL Phone: (630) 553-9500 Fax: (630) 553-5764 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 affect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Highlands Property. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Subject Property not affected by such Agreement. 29 July 9,2003 CHO1/12298939.1 G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects, which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph 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. 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 opened phase due to any CITY- imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol Sanitary District. O. Highways 47, Galena Road, and Corneils Road Entrances. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highway 47, Galena Road and Corneils Road. 30 July 9,2003 CHO1/12298939.1 P. 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. Q. 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, or OWNER, including, but not limited to, county, state or federal regulatory bodies. 31 July 9,2003 CHO 1/12298939.1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: CITY: OCEAN ATLANTIC CHICAGO, LLC, UNITED CITY OF YORKVILLE, an A Delaware Limited Liability Company By: Ocean Atlantic Service Corp., Manager By: By: John C. Carroll Mayor Title: President Attest: Dated: Dated: OWNER ESTATE OF RICHARD & HENRIETTA UNDESSER By: Title: Member Dated: 32 July 9,2003 CH01/12298939.1 LIST OF EXHIBITS EXHIBIT"A": EXHIBIT"B": EXHIBIT"C": EXHIBIT"C-1 EXHIBIT"D": EXHIBIT "E": EXHIBIT"F": EXHIBIT"G": EXHIBIT "H": EXHIBIT"I": EXHIBIT "J": EXHIBIT "K": EXHIBIT"L": EXHIBIT "M": July 9,2003 33 CH01/12298939.1 TABLE OF CONTENTS Page CH01/12298939. 1July 9,2003 i_ WARNING: This section retains the original formatting, including headers and footers, of the main document. If you delete the section break above this message, any special formatting, including headers and footers for the Table of Contents/Authorities section will be lost. If you delete the section break above the Table of Contents/Authorities, you will overwrite the headers and footers of the main document with Table of Contents/Authorities headers and footers. To delete the Table of Contents/Authorities, begin your selection at the section break above the TOC/TOA section and continue through the end of this message. July 9,2003 CHO(/12298939.1 1 This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between- original document : F:\DOCUMENTS\CH02\STEIS\AGTCORP\D8QDS07!.DOC and revised document: F:\DOCUMENTS\CH02\STEIS\AGTCORP\D8QDS08!.DOC CompareRite found 36 change(s) in the text Deletions appear as Overstrike text surrounded by {} Additions appear as Bold+Dbl Underline text surrounded by j] July 9,2003 CH01/12298939.1 • United City of Yorkville County Seat of Kendall County EST.ito 1836 800 Game Farm Road ,4W Yorkville, Illinois 60560 til in 0 Phone:630-553-4350 Fax:630-553-7575 E `‘' DATE: July 14, 2003 TO: Committee as a Whole FROM: Art Prochaska, Mayor SUBJECT: Proposed Ordinance Revisions Please find attached three different documents: 1. Proposed amendments to the landscape code; 2. A proposed appearance code to be applied throughout Yorkville, and 3. a draft copy of proposed regulations for an Architectural Overlay District to run along Bridge Street extending from roughly Walnut Street on the north to Schoolhouse Road on the south. Please note that Exhibit B is deliberately being left blank at this time. This exhibit will include a list of all the affected Property Identification Numbers(PINs). This list will be compiled once all affected properties have been identified/confirmed. These copies are being provided for your review and will be presented at the July 15th COW meeting. For your information, these documents were presented to the EDC at their June 19th meeting. Staff has incorporated the requested revisions based upon comments received at the June 19th EDC meeting. Anna Kurtzman will be present at the July 15th meeting to answer any questions, however, please feel free to contact either Anna or Bill Dettmer prior to the meeting if you have any questions. /abk attachments C: T. Graff Filename: C:\Documents and Settings\Anna\My Documents\Ordinances\COWmemo.doe w 4 AtCz 4 A g O -tcw w O ARCHITECTURAL OVERLAY DISTRICT PURPOSE OF DISTRICT: The purpose of the Architectural Overlay District ("Overlay District") is: A. To achieve sound and harmonious design of new buildings and sites developed in the Overlay District. B. To establish standards for new construction and development in the Overlay District with respect to, but not limited to, buildings, streets, sidewalks, streetscapes and landscapes. C. To provide for an attractive working and shopping environment in the Overlay District through sound land use planning and design standards that is in keeping with the residential and rural character existing in the City. D. To ensure harmonious relationships between uses, structures, architecture and any and all other site improvements in the Overlay District through continuity of design. E. To provide for a high standard of architectural design in the Overlay District which compliments the high standard of architectural design throughout the City. F. To provide appropriate buffering and transition among varying uses. II. APPLICABILITY: The provisions of this ordinance shall apply to those lots reflected on Exhibits A and B where significant external modifications are made to existing buildings. "Significant external modifications" shall be defined as consisting of modifications to the external of a building where 25 percent or more of the face of a building is altered. Modifications/alterations shall be cumulative in terms of time(i.e., all modifications/alternations made since the adoption of this code) and shall apply to all sides of all buildings located on a property. III. EXCLUTIONS: These provisions do not apply to principal or accessory structures located in residentially zoned districts where maintenance is being provided due to an act of nature or fire. IV. REGULATIONS ARE IN ADDITION TO UNDERLYING ZONING DISTRICT REGULATIONS: The regulations imposed by this Chapter are in addition to, and not in lieu of, the regulations imposed by any other zoning district classification. Property zoned in the Overlay District shall retain its underlying zoning district classification. In the event of any conflict between any provision of this Chapter and any provision of any other zoning district classification, the provision determined by the City to be the most restrictive shall control. DRAFT 7/14/2003, 9:34 AM9:12 AM V. ARCHITECTURAL/SITE STANDARDS: A. Unified Design: All development shall be of a unified design concept. The unified design concept shall be of a residential character consistent with the residential character of the City. Development shall transition from, respect and compliment the nature and character of adjacent parcels and uses. Franchise or chain stores shall be required to design any building in accordance with the standards of the Overlay District. Franchise architecture that is trademarked or identified with a particular chain or corporation, is generic in nature, or is designed to function as a sign is prohibited. B. Harmonious Composition: A homogenous sense of place shall be created while each use is afforded the ability to create its own identity consistent with this Chapter. Harmonious composition of several similar or complementary forms is encouraged. C. Bulk Requirements: All setback and other bulk requirements shall be as set forth in the underlying zoning district of any property, except as otherwise provided in this Chapter. D. Building Location: Buildings, rather than parking, shall be located adjacent to streets. On corner lots buildings shall be located adjacent to the intersection of streets. E. Building Orientation: The front elevations of buildings shall face streets, rather than side or rear elevations. F. Building Height: The maximum height of a building shall not exceed 30 feet or two stories whichever is less. G. Building Facades/Size: No plane on a façade of a building shall exceed 40 feet in width. Offsets from one plane to the other shall not be less than 10 percent of the width of the plane nearest the corresponding property line. The underlying zoning district shall determine the maximum floor area. Within this overlay district basements shall not be used in determining the floor area of the building. H. Building Colors: Building colors shall reflect natural earth tones or muted colors. Bright colors may only be used as minor accents. I. Building Vocabulary: The prevailing building vocabulary in the City is residential dominated by single-family, pitched-roof buildings. New buildings shall draw upon these design features. DRAFT 7/14/2003, 9:34 AM9:12 AM Page 2 of 9 J. Main Entry: The front/main entry of a building shall face the primary street, with secondary entries to the side or rear. The design of the main entry shall be articulated to reflect a sense of prominence. K. Elevations: All elevations of any structure shall be treated with equal importance in design, incorporating design elements and features, and in utilizing building materials. L. Additional Entry: A visible entry from the rear and/or side parking area shall be provided, said door openings to be in compliance with the City Code. M. Roofs: 1. Roof forms shall be well organized and demonstrate the same character on all sides of the building. Roof styles shall be gabled, hipped or a combination of the two. Other roof styles may be acceptable upon approval of the City. (See Exhibit"C" for examples) 2. Cedar shakes, asphalt shakes, architectural asphalt shingles, slate or concrete simulated slate shall be used for roofing material. Other similar materials may be acceptable upon approval of the City. N. Building Materials: The primary building material for new construction shall be brick or stone. Brick or stone shall be used on at least 95 percent of each and every side of the building. Painting on brick/stone is prohibited. Accent materials may include wood, stucco, metal, copper flashing or similar materials. Accent materials shall be used on not more than 5 percent of any side of a building. All wood-clad areas shall be painted, stained or otherwise protected against the effects of weather. O. Accessory Structures: All attached and detached accessory buildings and structures shall conform to the standards of the Overlay District. VI. STREETSCAPE/LANDSCAPE ELEMENTS: A. Parking: 1. Except as modified herein, off-street parking facilities shall be developed in accordance with the Off-Street Parking Requirements of the Zoning Ordinance. Off-street parking shall be located to the rear of buildings whenever possible. When parking must be located adjacent to the street, a DRAFT 7/14/2003, 9:34 AM9:12 AM Page 3 of 9 landscaped buffer shall be provided to screen the parking area from the street. The interior of parking lots shall be landscaped with shrubs, ornamental trees, and high-branching deciduous trees throughout to provide shade and soften their appearance. Not less than 10 percent of the parking lot shall be devoted to pervious landscaped area. Not less than one (1) landscaped island shall be provided every ten (10) parking spaces, or fraction thereof, within a parking lot, located and spaced throughout the entire parking lot. B. Paving on Private Property: 1. Concrete, stone, or granite pavers, or stamped asphalt or stamped concrete shall be used at all pedestrian crosswalks. 2. Sidewalks and paths located on private property shall be paved with concrete, concrete pavers, shaped concrete, cobble stones, granite pavers, or other aggregate material to improve the visual character of an area. C. Lighting: 1. Appropriately-lit parking areas and open spaces are required to provide pedestrian and vehicular safety. 2. Cutoff fixtures shall be located below the mature height of trees within parking lot islands to prevent ambient glow. 3. Pedestrian-scale lighting shall be located along the walkways and adjacent to building entrances. 4. Lighting fixtures on buildings shall be compatible with the architecture of the buildings. Lighting fixtures attached to buildings shall be screened by the building's architectural features to eliminate glare to adjacent properties. Wall-pack lighting is expressly prohibited. Light may be cast upon the building for architectural effect. 5. All lighting shall respect surrounding residential uses and shall be constructed to retain a residential character. Light at the property line shall not exceed 0.5 foot candles. 6. Lighting fixtures used to illuminate parking lots shall not exceed 10 feet (10') in height as measured from the ground. Lighting fixtures used to illuminate paths/sidewalks shall not exceed 12 inches (12") in height as measured from the ground. DRAFT 7/14/2003, 9:34 AM9:12 AM Page 4 of 9 D. Landscaping and Buffering: 1. Best efforts shall be utilized to avoid destroying or damaging significant trees,natural buffers and existing quality landscape features when designing, locating, and/or grading for building improvements. 2. Shade trees shall be planted within landscape parkways and all perimeter yards. Deciduous and/or ornamental trees shall be provided along the front and near the entrance of buildings. 3. Landscape buffers shall be provided along the street to substantially soften visibility of buildings and parking lots. The buffer strip shall be landscaped with shade trees, evergreen trees, and shrubs, and may incorporate berming, decorative fencing,masonry walls or hedge to achieve the desired levels of opacity. 4. Berming and landscaping shall be incorporated to provide a visual screen between dissimilar uses. 5. Parkway trees shall be installed in accordance with the City of Yorkville's Landscape Ordinance. 6. Landscape plans shall be submitted as part of any proposed development within the Overlay District in accordance with the City of Yorkville's Landscape Ordinance. 7. Landscaping shall be installed prior to issuance of a certificate of occupancy and maintained for three (3) years in accordance to the City of Yorkville's Landscape Ordinance. VII. SIGNS: A. General: 1. Signs shall be an integral part of the building and site design. 2. For single-tenant buildings, multiple signs on the same façade are prohibited. 3. For multi-tenant buildings, all signage on the same façade shall be consistent in color, size and elevation. 4. Except as modified herein, signs shall be regulated by the City of Yorkville's Sign Ordinance. DRAFT 7/14/2003, 9:34 AM9:12 Page 5 of 9 5. All signs shall be constructed in accordance with the City of Yorkville's Building Code and Electrical Code. B. Types Permitted/Prohibited: 1. The following types of signs are permitted for retail uses: ❖ wall signs, ❖ signs projecting from a building façade, ❖ ground signs 2. The following types of signs are permitted for office/service/all other non- retail uses (except residential): ❖ ground signs identifying the name of the project or tenant 3. The following types of signs shall be prohibited: ••• Awning signs ❖ Billboard signs + Canopy signs ❖ Changeable copy signs ••• Electric signs ❖ Flashing signs ••• Inflatable signs ••• Marquee signs ••• Moving signs ❖ Neon signs ❖ Pole or Pylon signs • Portable signs ❖ Roof signs ❖ Streamers and pennants ❖ Wind-actuated signs C. Size/Area: 1. Signs shall complement the scale of the building. 2. Sign area shall relate to the building façade and/or street frontage. 3. Sign shall be orientated horizontally. Vertical signs may be allowed if they contribute to the overall architecture of the building. 4. The size and area of wall and ground signs shall be regulated by the City of Yorkville's Sign Ordinance, except as provided below: ❖ Wall signs shall not exceed 5 percent of the area of the wall on which they are mounted. DRAFT 7/14/2003, 9:34 AM9:12 AM Page 6 of 9 ❖ Ground signs shall not exceed 50 square feet in size. ❖ Projecting signs shall not exceed 4 square feet in size. D. Height: 1. Wall signs and projecting signs shall not project above the eave line of a building. 2. Ground signs shall not exceed 6 feet in height including the support structure. E. Placement: 1. Wall signs shall generally be placed near the main front entry where they do not obscure architectural features of the building. 2. Wall signs shall not project significantly from the facade of a building. 3. The placement of all wall and ground signs shall be regulated by the City of Yorkville's Sign Ordinance. F. Materials: 1. Sign materials shall be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. 2. Matte, natural, brushed, patina-like or burnished surfaces are required. 3. Polished, glossy, shiny or reflective surfaces are prohibited. 4. Ground signs shall be brick or stone and may incorporate wood not to exceed 50 percent of the sign area, however, ground signs shall be supported across the base by brick or stone. 5. Natural materials such as wood, stone, brick or metals shall be used. 6. Plastic sign panels are prohibited. G. Color/Theme: 1. The color and theme of a sign shall be architecturally compatible with the style, composition, materials, colors and details of the building, and with other nearby signs. DRAFT 7/14/2003, 9:34 AM9:12 AM Page 7 of 9 2. A sign and any background shall together consist of no more than 2 colors or shades of the same color. If 2 colors are used, at least 1 color shall match the predominant color of the building. 3. Permitted color combinations are: + Black on beige, ecru or natural limestone • Earth tones on complimentary earth tone background • Beige, ecru on red brick background Forest green on beige, ecru or red brick background 4. Bright"day-glow"type colors are prohibited. 5. Signs with individual channelized letters are prohibited. H. Illumination: 1. Signs shall only be illuminated by external light sources (i.e., "back-lite"). 2. Lighting devices shall be hidden or softened by architectural features or landscaping or integrated into the style of the building. 3. Soft halogen or incandescent lighting is preferred over bright or fluorescent lighting. 4. External illumination of signs shall be shielded and directed away from the street or adjacent properties. Maximum illumination shall be 0.5 foot- candle when measured 10 feet from the sign. 5. Ground signs shall only be externally illuminated from the ground. VIII. DEVELOPMENT APPROVAL REQUIRED/DEVIATIONS: A. No person shall construct, alter, remodel, move or reconstruct any building or structure on any property within the Overlay District, which is subject to the provisions of this Chapter, nor shall any person otherwise improve any property within the Overlay District which is subject to the provisions of this Chapter, unless the provisions of this ordinance have been met. B. The applicant shall file with the City of Yorkville: 1. All plans and specifications specifically required by the provisions of this Chapter and those otherwise required by all other applicable provisions of the City Code. DRAFT 7/14/2003, 9:34 AM9:12 AM Page 8 of 9 2. Such other plans, elevation drawings, material specifications and engineering drawings necessary to evidence compliance with the requirements of this Chapter. C. Upon submittal of a complete application, the matter shall be referred to the Façade Review Committee for review, with a written recommendation to be made to the Zoning Administrator. Submittals shall be made at least 30 days prior to the Façade Review Committee's meeting. D. Objections, if any, shall be filed as a variance. If the objection is related to either the landscaping provisions or to the materials/colors the variance request shall be submitted within 5 days of the Façade Review Committee's recommendation and shall be sent to the City Council for final decision. If the objection is related to parking or other zoning considerations then the variance request sent to the Zoning Board of Appeals for a hearing. The Zoning Board of Appeals' recommendation shall be sent to the City Council for a final decision. If no objection is filed, the City shall abide by the Façade Review Committee`s recommendation. E. As a condition to the approval of any development, the City may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the development as deemed necessary for the protection of the public and protection of the Overlay District. In all cases in which developments are approved, the City shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. C:\Documents and Settings\Anna\My Documents\Ordinances\OVERLAY6.doc DRAFT 7/14/2003, 9:34 AM9:12 AM f Page 9 of 9 Exhibit A Graphic representation of applicable area DRAFT 7/14/2003, 9:34 AM9:12 AM ' Lip 111111Thv ..,\ '''''.A11 :IIIIIII ,, ,es,„71.1 41/.1/1 041* 1 At.t...,.,r.41 ( me- -.--ftr.:""iiriftiiagy Ote,i, .10 i PA001111 11101111 .' ,Ø'ii iiipp AO SIPE ''''' 3 WO% . S1, 16Uallitil lk '7.,,,,T.• 1411iO4ttoccii-‘511A . a COW/troupe m.y. __ , 0 5 '. ;el IN 111111111111 ' ,, �N 11!I X111/1/// --� ' III Mug �� our ` ■ �11111/� j' ,�,�� -!!!/I MOM '�` 1111 �'� ' IN's I ", AT. �a ,.�,,.�ii ■,� OUT IMI■'� �� �.,:/11111111111/': )IIP4 ■■ 111111111111111111111-2II �1, �� I��. 11111111N11 mg . �,:.... � • iiiii EMI alV � �� . Io ,..„, b inimumini 4 P.N.A. �'_� ■I�11���/1111/ oil ►��� ���:���� :� ►��,�A/ Youth „Atm ., 1 ` 0„„ ort �� 440, BEECHER /11111174.18814,1181 Cam *• ���1 � i �_• I� P I • No al YORKVILLE VI ,"`►I'i• iiiii 111111/11111:181%. 7 wigwam Elj_ Ecg � iiiiviume HIGH SCHOOL - , '':9�•+��YDE SCH �� �III �_��1111111/I� ,� ,,�� allir.17 MIDDLE SCHOOL Elmwood ow hi �11�1�//�1 illifam,� ,..�Cemetery �� RI in I i HIM II1111111w .� ��._1Illll ��. 1 ■1111111.11141111111p �1miK r �a:i�� : iii111 ■1111 -1111i1r� , ��� all Ma�kz� 1:11111 ■ 1111111 �1111 � 1111� �a a ■`� ` .'�%1111 ■ 111111111 :111.:::Farm it .� ,1J i �L . r"h ice: a.i■'� 1�11//►II ■ 11111It'■1111/, iiir ■■:�111`:i .441111 ,,,,fisaiiiinviiii ...„ r.._,.. J._ ver - I,., ourinvir Illair 1"1111111:. Nii.iiiiiiill in'inthiallelf•lalls - „:::::._ ,.„_..._, / - *wird*, .7 Imo retrta ile " Limn -4''' 0000.11 „. ,.... ' 1.1.111‘ t • No ril If ordAssi _ ��• �•� lir:1.1..1.1. � :� �r/ �� �toti,wAlpg op.■1111 ,�� :...�/� .11111111g '' viatkm411 le leo' ' ,:...,.,� ,. 1///� ' , ' ... .. r �,� � ....7..!_ • r �/ ��► SOI 1't 4' :,, ,4 �WI,t: g � . T 1111■._..1i .. '�• 11 : 1111� . ,, '��■Ilitiliti !1// ,. Ilinfaill 4., _ .,.„. its -,,, 0 'I° ildue , ------- ,. EN CTER . \ .11" -' SCHOOL �� tmft.„,_. (1,,\-I' / ,Ø3ItT' / um..---..x. %far '.s! tl ONO* .$‘16. ����; �I � Fi ,o111.10 111111,1111111167 • al ff: .11101►, =Orin mon, inn Egairm • . ..m Il s-"riot Ari II�i 0 U T„,,„,..ft mg . 4 .irit__--...-5.1 hikliii”,amill(wili igi rill 011** a° . ;��■■ I� .,......„, ►� it \‘,111141. :IF EXHIBIT B Property Identification Numbers (PINs) of Subject Properties 02-28-303-017 02-28-302-012 02-28-302-013 02-28-302-014 02-28-302-015 02-28-352-002 02-28-352-003 02-28-352-004 02-28-352-017 02-28-352-018 02-28-352-019 02-28-352-010 02-28-304-009 02-28-351-008 02-28-351-021 02-28-351-023 02-28-351-016 02-28-351-017 02-28-351-019 02-28-354-001 02-28-354-007 02-28-356-004 02-28-356-005 02-28-357-001 02-28-357-006 02-28-359-002 02-33-101-003 02-33-101-004 02-33-101-005 02-32-233-001 02-28-360-001 02-28-359-003 02-33-102-001 02-32-227-006 02-32-227-007 02-32-227-008 02-32-227-009 02-32-229-004 02-32-230-001 02-32-230-002 02-32-110-001 02-33-107-001 02-33-107-002 02-33-107-003 02-33-107-004 02-33-105-001 02-33-105-004 02-33-105-005 02-33-105-006 02-33-108-001 02-33-108-002 02-33-108-003 02-33-108-004 02-32-283-002 02-32-286-002 02-32-286-003 02-32-286-005 02-32-282-004 02-32-287-001 02-32-287-002 02-32-287-005 02-32-290-003 02-32-290-004 02-32-426-001 02-32-292-001 02-32-429-001 02-32-429-002 02-32-429-003 02-32-429-004 02-32-429-005 02-32-429-006 02-32-433-007 02-32-433-010 02-32-434-003 02-32-434-001 02-32-437-007 02-32-437-008 02-32-438-001 02-32-438-004 02-32-748-004 02-32-748-006 02-32-748-007 02-32-748-008 02-32-748-009 02-32-748-020 02-32-748-019 EXHIBIT B DRAFT 7/14/2003, 9:34 AM9:12 AM Mb. _ 157VCI L.INJ LI . =.7-!.•,..11111 ,:r, ,s_ '--::::-i-_-17-T-A- -: r!f!!!!T --'.''-..._''':'':",•,,:.,,----;_::. ;--:-------. - ---'- — III -4: ::::-- -- '' — ,NIE err-FICA L MAI,JA12.2 1-4 i P F L-,. .7' r ---7\y,i____ ____, ,._ . 4 100 GA.,? (.-E s' : •:::.t ----"---- \\--: — AN t-4 F3 iz_E L._ •4'.,ii3. i.—. .. 5F4 E( > R.c)o F TYPES EXHIBIT C DRAFT 7/14/2003, 9:34 AM9:12 AM AMENDMENT TO LANDSCAPE ORDINANCE Landscape Ordinance Modify the following: 8-12-2:A.4 All parkways shall have a good, thick stand of grass utilizing sod or seed per the IDOT specifications including fertilizing. -- . ,._ . , . _ - required maintenance letter of credit will repair any settling of grass loaf during the one year maintenance period. The minimum gradient of all parkways toward the curb shall be two percent (2%) and the maximum shall be eight percent(8%). All areas shall be seeded or sodded and fertilized in an approved manner. Grass watering and mowing to a maximum height of five inches (5") will be the responsibility of the developer through the one year required maintenance period after city acceptance. Parkways will be a minimum of ten feet(10') in width from the back of the curb to the front edge of the sidewalk. 8-12-2:B Perimeter Landscaping: Perimeter landscaping shall be required for all developments, other than single-family detached and duplex residential development, in accordance with the following: 1. Nonresidential Adjacent to Residential: Where a nonresidential property is adjacent to residential property a thirty foot (30')wide buffer yard shall be provided. The buffer yard shall consist of a berm or architectural masonry wall, at least three feet(3') in height as measured from the grade located at the property line. The buffer yard shall also consist of two (2) shade trees, five (5) evergreen trees and three (3) ornamental trees per one hundred (100) linear feet of buffer yard. 2. *** 3. *** 8-12-2:C Parking Lot Landscaping: All parking lots with ten (10) or more parking spaces shall provide landscaping in accordance with the following: 1. Interior Parking Lot Landscaping: a. Interior Landscaping: One tree shall be provided for every twenty(20) parking spaces and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians,which have a minimum area of one hundred ninety(190) square feet and a minimum dimension of ten feet (10') as measured from back of curb to back of curb, or in the case where the parking lot is not curbed, from edge of pavement to edge of pavement. The landscape median shall be covered with shrubs, ground cover, turf or organic mulch. b. *** 2. *** Print Date: 07/14/2003 Page 1 of 2 Landscape Ordinance Add the following: 8-12-4 Seasonal Considerations: All required landscaping shall be installed prior to the issuance of a final certificate of occupancy. If occupancy is sought between November 1st and.March 31s1, and if landscaping has not been installed due to seasonal considerations, then a temporary certificate of occupancy may be issued. A condition shall be placed on such temporary certificates requiring that the required landscaping be installed no later than the first April 30th following the issuance of the temporary certificate of occupancy. 8-12-5 Maintenance: The developer, builder and/or property owner shall be responsible for maintaining all required landscaping located on private property. The developer or builder shall be responsible for maintaining the required parkway landscaping for a minimum of one (1) year from the date the City inspects and accepts the landscaping. To ensure survival of the required parkway landscaping, the developer or builder shall be required to submit to the City financial surety in the amount of one hundred and ten percent(110%) of the estimate for installing such required landscaping. The City shall hold such surety for one (1) year from the date the first certificate of occupancy is issued for the development. If. due to seasonal considerations, a certificate of occupancy is issued with a condition that the required landscaping be made at some future date,then the City shall hold such financial surety for one (1) year from the date such required landscaping is inspected and approved by the City staff. 8-12-4 Modifications or Appeals: Any proposed modifications to the requirements of this Code shall be made in accordance with Sections 8-12-3:F and/or 8-12-3:H. Any appeals to this Code shall be made in writing and submitted to the City Planner. The City Planner shall direct such requests to the Code Official who will forward the appeal to the Façade Committee. The Facade Committee shall make a recommendation to the City Council for the Council's consideration. Filename: Overlay Ord A:\Landscape2 2003.doc Print Date: 07/14/2003 Page 2 of 2 W A O W U z -ttP4 a a APPEARANCE CODE OBJECTIVES 1. The fostering of: i. Sound and harmonious design of new buildings and sites. ii. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community,by giving encouragement, guidance and direction. iii. Better maintenance of properties through encouragement of preservation, upkeep, protection and care. iv. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to, but not limited to,buildings, streetscapes and landscapes. II. CRITERIA FOR APPEARANCE 1. Landscape and Site Treatment The following criteria shall be applied to non-residential development, multiple-family dwellings and residential buildings consisting of three or more attached dwelling units. i. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures. ii. Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance. iii. Grades of walks, parking spaces terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting. iv. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important axes, and provide shade. Spectacular effects shall be reserved for special locations only. v. Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with adjacent developments. Date Printed: 7/14/2003 Page 1 of 8 APPEARANCE CODE (Con't) vi. Plant materials shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. vii. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices. viii. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Shrubs shall be used only where they will not obscure vision and will not require excessive maintenance. ix. Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged. x. Shade trees in parking areas or areas of extensive hard surfacing should be given special drainage considerations. They could be tiled, have curbs put around them and have the soil mounded up in the curbed areas. xi. Screening of service yards, and other places which tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer. xii. In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood,brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible. xiii. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. xiv. The provisions of the Ordinance in regards to bulk regulations, standards and off- street parking; relating to trees and shrubs; all other Ordinances, or portions of Ordinances, which directly affect appearance, shall be a part of the criteria of this sub-section. 2. Residential i. Single-family detached and Duplexes (1) Unless stated otherwise within this ordinance, no residential dwelling shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. Date Printed: 7/14/2003 Page 2 of 8 APPEARANCE CODE (Con't) (2) A newly constructed residential building may not be similar in appearance to another residential building across the street from, or cattycorner from the newly constructed building. (3) A Residential dwelling on a corner lot may be considered not similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section, "similar in appearance" shall mean a residential building which is identical to another in any three or more of the following architectural characteristics: (a) Roof type (gable, hip mansard, gambrel, flat, combination). (b) Height of main roof ridge above finished grade of property. (c) Dimensions (height and length) and shape of the facades facing the front lot line. (d) Locations and sizes of windows, doors (including garage doors) and ornamental work on the façade facing a front lot line. (e) Type of façade materials (i.e.,brick veneer, lapped horizontal siding, half timber,board and batten, shakes, etc.) on the façade facing a front lot line. ii. Single-family attached (other than Duplexes) and Multiple-family (1) The provisions of II.2.i.(1)-(5) above shall also apply to Single-family attached (other than Duplexes) and Multiple-family buildings. (2) In addition to number II.2.i.(5) vi. above the building footprint shall be varied for buildings with three or more residential units from those buildings that are located adjacent to, across from, or cattycorner from the new building. (3) Site planning in which setbacks and yards are in excess of restriction is encouraged to provide an interesting relationship between buildings. (4) Parking areas shall be treated with decorative elements, building wall extensions,plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (5) The height and scale of each building shall be compatible with its site and adjoining buildings. Date Printed: 7/14/2003 Page 3 of 8 APPEARANCE CODE (Con't) (6) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (7) The architectural character of the building shall be in keeping with the topographical dictates of the site. (8) Brick or other masonry materials are required on all sides of the building. (9) Pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged. (10) Common open space and outdoor seating areas are encouraged within Single- family attached (other than Duplexes) and Multiple-family developments. 3. Non-Residential General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of restriction is encouraged to provide an interesting relationship between buildings. (c) Parking areas shall be treated with decorative elements, building wall extensions, plantings,berms and other innovative means so as to largely screen parking areas from view from public ways. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. (e) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (f) The architectural character of the building shall be in keeping with the topographical dictates of the site. (g) In relating buildings to site, the provisions of the Zoning Ordinance in regard to bulk regulations, standards, and off-street parking shall be part of this criteria. This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area Date Printed: 7/14/2003 Page 4 of 8 APPEARANCE CODE (Con't) (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks, and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture, lines and masses is required. Monotony shall be avoided. (d) Buildings shall have similar scale to those in the surrounding area. ii. Building Design (1) Commercial, Office and Institutional Uses (a) Guidelines (i) Brick or other masonry materials are required on all sides of the building. (ii) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Four-sided buildings and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development,to prevent monotony, and to improve the aesthetic quality of the development. (iii) To improve the future re-use and adaptability of commercial, office and institutional structures,buildings should not be designed in a manner that identifies a particular user. (iv) Outlots should reflect the style, materials, and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in terms of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (v) Pedestrian scale features/amenities, such as solid-colored awnings, covered walkways,windows, street furniture, bicycle rack facilities and clearly defined entranceways are encouraged. (vi) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. Date Printed: 7/14/2003 Page 5 of 8 APPEARANCE CODE (Con't) (vii) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (viii) The location of drive-through facilities, including drive-through lanes,bypass lanes, and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (ix) Loading bays should not be located in the front of a building or in the area abutting a public right-of-way. (b) Standards (i) All commercial, office and institutional buildings shall consist of solid and durable facades and be compatible with the character and scale of the surrounding area. (ii) Masonry facades shall not be painted. (iii) Commercial, office and institutional buildings with facades greater than 75 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30%) of the length of the façade abutting a public street in an effort to break up the mass of the structure. (iv) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is encouraged. (v) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. (2) Industrial Uses (a) Guidelines (i) Brick or other masonry materials are required on all sides of the industrial structure. Where pre-cast concrete panels or split-face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. Date Printed: 7/14/2003 Page 6 of 8 APPEARANCE CODE (Con't) (ii) Building entryways should be clearly identified. Building components, such as windows, doors, eaves and parapets should be in proportion to one another. (iii) The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (iv) Whenever possible loading bays should not be located in the front of an industrial structure or in the area abutting a public right-of- way. (b) Standards (i) Industrial buildings shall consist of solid and durable facades and be compatible with the character and scale of the surrounding area. (ii) Construction material shall not be utilized on more than ten percent (10%) of the façade of a industrial building and must be located a minimum of 8 feet above the established grade. (iii) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30%) of the length of the façade abutting a public street in an effort to break up the mass of the structure. (iv) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is encouraged. (v) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. iii. Signs Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. Date Printed: 7/14/2003 Page 7 of 8 APPEARANCE CODE (Con't) III. MAINTENANCE FOR GOOD APPEARANCE 1. Landscape materials, other than plants, which have deteriorated or have been damaged or defaced, should be properly repaired or replaced. 2. Plant materials which have deteriorated or died shall be replaced with healthy plantings, or the area should be redesigned with other treatment to provide an attractive appearance. 3. Plantings should be kept watered, fed, cultivated, and pruned as required to give a healthy and well groomed appearance during all seasons. 4. Parking areas should be kept in good repair,properly marked and clear of litter and debris. 5. Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season. IV. MODIFICATIONS OR APPEALS Any request for modifications or appeals to this Ordinance shall be in writing to the Code Official. The Code Official shall direct this request to the Façade Committee, which will make a recommendation to the City Council for consideration. Filename: Overlay Ord.A:\Appearance Code2.doc Date Printed: 7/14/2003 Page 8 of 8 06/18/2003 13.33 FAX 630 553 5764 DANIEL J. KRAMER 0002/004 STATE OF ILLINOIS ) Drafted 6/18/02 ) ss. COUNTY OF KENDALL ) ORDINANCE 2003- AN ORDINANCE AMENDING TITLE 10, CHAPTER 7,ARTICLE B SECTION 1 OF THE YORKVILLE CITY CODE (BA Limited Business District Permitted Use Zoning Amendment) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to classify,regulate and restrict the location of trades, industries and businesses within the City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that certain permitted and appropriate uses are currently omitted in the B-1 Limited Business District Zoning Classification; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend Title 10,Chapter 7, Article B Section 1 of the Yorkville City Code to allow the Uses Permitted under Title 10, Chapter 7, Article A Section 1 of the 0 Office District as a permitted use in the B-1 Limited Business District; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10,Chapter 7,Article B,Section 1 (Permitted Uses)of the Yorkville City Code is hereby amended to allow the following permitted uses in the B-1 Limited Business District; A. All uses permitted in the 0 Office District 2. That the text of Title 10, Chapter 7, Article B Section 1 (Permitted Uses) should be amended by adding "All uses permitted in the 0 District"as a permitted use to the text of Article 06/18/2003 13:33 FAX 630 553 5764 DANIEL J. KRAMER IJ003/004 B, Section l (Permitted Uses). 3. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABILITY: If any section, subsection, sentence,clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,distinct,and independent provision, and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,Illinois, this day of , A.D. 2003, MAYOR 06/18/2003 13:33 FAX 630 553 5764 DANIEL J. KRAMER Q1004/004 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2003. Attest: CITY CLERK Prepared by Law Office of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 06/16/2003 13 33 FAX 630 553 5764 DANIEL J KRAMER Z001/004 LAW OFFICES OF Daniel J. Kramer 1107A SOUTH BRIDGE STREET DANIEL J.KRAMER YORKVILLE, ILLINOIS 60560 JILL K.KONEN (630)553-9500 KELLY A,KRAMER Fax: (630)553-5764 • FAX COVER SHEET DATE: June 18, 2003 .. TO: Liz , .1"C RE: NO: 553.7575 FROM: Dan Kramer NUMBER OF PAGES (INCLUDING THIS PAGE): 4 Q For your information Q Please sign and return Q For your review Q Please keep in a safe place Q Please call me after review Q Please pay invoice directly Q Per our discussion Q Please file Q For your file Q Please record Q Per your request COMMENTS: Please put on additional business for EDC THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THIS ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU, IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (630) 553-9500 FOR YOUR CONVENIENCE IN TRANSMITTING TO US, OUR FAX NUMBER IS: (630) 553-5764 YORKVILLE 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 Ph.630-553-4382 Superintendent Yorkville,Illinois 60560 Fax. 630-553-4398 tengler@yorkville.k12.1us July 2, 2003 Arthur F.Prochaska, Jr. Mayor United City of Yorkville 800 Game Farm road Yorkville,Illinois 60560 O\ Re: Menard's Land Cash U Dear Art: As per our telephone conversation yesterday, in reference to my previous letter concerning District#115's preference for land vs. cash on the Menard's development,we are willing to make a conditional statement. It is important to understand our position,due to the obvious current and future need for property to handle the influx of new students to our schools and the absence of established school sites,either noted on the City's Comprehensive Plan,or in reality,District#115 must position itself to fill the void created by lack of such school sites. Therefore, should land become available for District#115 school sites,north of the river, such as those developments currently under consideration by the City-Ocean Atlantic,Kimball,and MPI, our school system would then consider the Menard's development for cash instead of land. cerely, Dr. Thomas D.Engler Superintendent of Schools • It is the mission of the Yorkville CommunityUnit 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 individuate, • utilizing the resources,of an interactive,responsible community.'. 07/14/2003 14: 08 FAX 630 553 5764 DANIEL J KRAMER Z 002/004 LAW OFFICES ,7�� OF //ge 79Ud a!^G/.i2iV 1107A SOUTH BRIDGE STREET DANIEL J.KRAMER YOKVILLE,ILLINOIS 60560 JILL K.KONEN (630)5538500 KELLY A.KRAMER FAX:(630)553-5764 July 14, 2003 Attorney Greg Kunstman Menard Inc. Via Fax: 715-876-2868 RE: City of Yorkville—Menards Residential Development Dear Greg: Please be advised that I have reviewed the Annexation and Planned Unit Development Agreement that you forwarded to my office. At this time the United City of Yorkville would be requesting that the following changes be made to the document: 1. On page 4 section C the City will not agree to the language stating that the Owner/Developer is only responsible for the fees listed below; "City hereby waives its right to collect any other fees from Owner/Developer other than those listed below." The City would request that the language be modified to reflect that the Owner/Developer is responsible for the fees listed below, or any fees as modified from time to time by Ordinance on a non-discriminatory basis throughout the City. 2. Page 5 Section 2, the Development Fees listed need to include the weather warning siren fee, the amount of which will be forwarded to your office with this correspondence. 3. Page 5 #3, the"Yorkville Community Park District",needs to be changed to the"Yorkville Parks and Recreation Department", this change will need to be reflected throughout the entire document since it is not a separate governmental taxing district. 4. Page 5 Section 3, the required land/cash contribution for acreage is incorrect and should be changed to 6.525. 5. Page 6 Section 4(b) the School Transition Fee of$3,000.00 per residential dwelling unit is correct, but the total amount of fees due to the school 07/14/2003 14 08 FAX 630 553 5764 DANIEL J. KRAMER /2003/004 Page 2 July 14,2003 district may change due to the actual units that are actually constructed upon the property, up or down. I would recommend we not use a stated figure. This fee is capped by this Agreement. For this reason the alternative would be the City would recommend that language be added to the end of that pagaragaph stating that the total fees payable may be subject to change based upon the number of units constructed on the property, 6. Page 6, Section 4 the Yorkville Fire Department needs to be changed to the Bristol Kendall Fire Department and that change needs to be reflected throughout the entire document. Additionally I am aware that the Bristol Kendall Fire Department has agreed to a reduction in its fee from$300.00 per lot to$150.00 per dwelling unit based upon negotiations between Menards and the Bristol Kendall Fire Department. It is the City's understanding that in exchange for this reduction the Developer was to pay these fees upfront,and therefore language will need to be added to Section 4 to reflect the time frame of payment of fees. 7. Page 11 Section J, the term from which the Agreement shall be enforceable shall be a period of five (5) years and not ten (10)years. 8. Page 11 Section K,we would request that the City be allowed thirty(30) days to respond to any submissions as fifteen (15)days may not be enough time to review the plans of the public improvements and correspond back to the Developer. 9. Page 12, Section L paragraph 3, Special Service Area, the City would require that the Developer insert the language that was previously given to them regarding the implications of a back-up SSA so that if the Homeowners Association fails to carry out its duties a levy on the Special Service Area is automatically implemented at that time. Please be advised that the City will prepare all applicable Ordinances and Consents to set-up the back-up SSA and will forward them to the Developer upon completion. 10. Page 13, Section N, General Provisions. Please be advised that the numbering needs to be rearranged as the Severability Clause that was forwarded to the Developer was omitted from the document. #4 should become#3, #5 should become#4 and the Severability language shall be added at#5,which will cause the rest of the paragraphs to fall in line. 07/14/2003 14 08 FAX 630 553 5764 DANIEL J. KRAMER 1004/004 Page 3 July 14, 2003 Further more,with regard to the enforcement of fees,please be advised that the United City of Yorkville is only entitled to enforce those fees which are directly attributable to them, The City does not have the ability to enforce or negotiate agreements with Developers regarding fees with other associations and/or agencies(i.e. Yorkville Bristol Sanitary District). Therefore certain fees are subject to change unless the Developer negotiates a separate agreement with that particular agency. Enclosed please find a revised copy of the fee schedule containing the weather warning serine fee. This information should be added to the fee schedule which you have complied and forwarded back to our office. Please discuss these changes with the Developer and let me know your position on them as soon as possible, and forward the revised Annexation and Planned Unit Development to my office as soon as possible to ensure that you are placed on the July 15`h Committee of the Whole Agenda and also the July 22"d City Council Agenda. Should you have any further questions,please feel free to contact my office. Very truly yours, Kel y A. Kramer Attorney at Law KAK:rg i3 • 1 .\ Resubmittal of Annexation Agreement July 10, 2003 Attached please find replacement pages for the Grande Reserve Annexation Agreement and Exhibits based on changes requested by the City Council and staff on July 1, 2003. These replacement pages reflect the following modifications: Pagel Exhibit Description of Change —_— — _ Pg 1 New page to reflect revision data of 7/10/03. Pg 22 No changes to text. Formatting changes made to pages 21 and 23 at June 26 submittal affected alignment of page 22. Exhibit List Exhibit E4 added to illustrate block length variances,E5 to illustrate revised cul- de-sac in N. 18, IRl a/b to clarify required road improvement and city's planned _ upgrades, and IW3 and IW4 for recapture/recovery areas. D Added language to page 4 clarifying that future changes to right-of-way widths or easements that affect the buffer area will not impact open space calculations as long as no permanent structures (except for trails/walkways) are constructed in the open space buffer area. Also added language in"B" regarding developer's commitment to use best engineering/development practices in relation to the timing of.hases. • D4 Location of bike trail adjacent to park site E moved adjacent to roadway(instead of lots) at staff's stlzgestion. D5 Added language that design standards for Grande Reserve may exceed city's design standards and consistently referenced them as"architectural design standards". E Listed individual block length variances by length and number of homes planned. Adjusted requested cul-de-sac length variance from 1040' to 740' as shown in exhibit E5. E4 New tab and exhibit added to illustrate location of block length variances called out in Exhibit E. E5 New tab and exhibit added to illustrate revised cul-de-sac configuration for Neigh. 18. F City tap fee for sewer added back to fee schedule. MF fee changed to"per unit". HI Added language indicating that the city will be advised of location of school campus in advance of donation and will review site plan/engineering plans. H2 Added language clarifying that MPI is meeting required park donation with high and dry land. H3 Letter from School District. I Road improvement and water recovery/recapture language modified. Tab IRT a&b Replacement tab for IR1 IRlb The city's road improvement project costs have been incorporated as Exhibit IRTb. - IR3 Centerline of roadway was adjusted(no longer centered) in the 70' ROW at staff's suggestion. • IW3 Added exhibit illustrating water system recovery area. _ IW4 Added exhibit illustrating water system recapture area • Created: 3/20/03 Revised: 4/14/03 Revised: 5/28/03 Revised: 6/19/03 Revised: 6/26/03 Revised: 7/10/03 ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2003, by • and between MPI-2 YORKVILLE NORTH LLC (Owner of the Tucek, Handke and Steinbrecher Farm "B" parcel north of the Burlington Northern railroad tracks), MPI-2 YORKVILLE CENTRAL LLC (Owner of Parcel #02-11-300-005 Steinbrecher Farm "B" parcel south of the Burlington Northern railroad tracks and Inland parcel), MPI-2 YORKVILLE SOUTH I LLC (Owner of the Steinbrecher Farm "A" parcel south of Kennedy Road), and MPI-2 YORKVILLE SOUTH II LLC (Owner of Steinbrecher Farm "A" parcel north of Kennedy Road), DALE KONICEK, WAYNE KONICEK and LOIS KONICEK, (hereinafter collectively referred to as "OWNERS") and MPI-2 YORKVILLE NORTH LLC, MPI-2 YORKVILLE CENTRAL LLC, MTI-2 YORKVILLE SOUTH I LLC, and MPI-2 YORKVILLE SOUTH II LLC (hereinafter collectively referred to as "DEVELOPER"), all Illinois Limited Liability Companies, 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". • 1 • F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the 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. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/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. • 22 S LIST OF EXHIBITS EXHIBIT"A": Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT "B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT"C": Concept PUD Plan(Group Exhibit) EXIHBIT "D": Concept PUD Plan Exhibit for the SUBJECT PROPERTY(Group Exhibit) EXHIBIT"Di": Concept Landscape and Buffering Plan EXHIBIT "D2": Concept Residential Building Elevations EXHIBIT"D3": Park Exhibit EXHIBIT"D4": Bike Path Exhibit EXHIBIT "D5": Design Standards for Two-Family, Townhome, and Apartment Homes in addition to Single-Family Villas within Neighborhood One EXHIBIT"D6": Common Facilities EXHIBIT"D7": Transitional Area Open Space Requirements EXHIBIT "D8": Transitional Zoning Exhibit (Neighborhoods 2 — 8) EXHIBIT"D9": Transitional Area Boundary Exhibit EXHIBIT "D10": Illustrative Commercial Layout EX IIBIT"E": Permitted Modifications From Bulk and Density Requirements and Design Standards EXHIBIT "E1": Permitted Modifications—Neighborhoods 2-19 EXHIBIT `E2": Permitted Modifications—Neighborhood 1 EXHIBIT "El": Typical Cluster Single Family Detail EXHIBIT"F": Fee Schedule EXHIBIT"G": Current City Building Codes EXHIBIT"H1": School Donation EXHIBIT"H2": Park Donation EXIIIBIT "H3": Letter from Yorkville School District EXHIBIT"H.1": Concept Park Sites EXHIBIT"I": Infrastructure Improvements EXHIBIT"IS-1": Conceptual Sanitary Sewer Plan EXHIBIT"IS-2": Conceptual Drainage Plan EXHIBIT"IS-3": Typical Neighborhood Drainage Detention Facility EXHIBIT"IS-4": Typical Neighborhood Drainage Cross-Section EXHIBIT"IS-5": Typical Neighborhood Drainage Bio-Swale EXHIBIT"IS-6": Typical Neighborhood Drainage Bio-Swale Cross-Section EXIBIT "IS-7": Stormwater Management Criteria for Grande Reserve EXHIBIT"IW-1": Water Improvement Schedule EXHIBIT"IW-2": Conceptual Watermain Plan EXHIBIT"IW-3": EXHIBIT "IW-4": EXHIBIT"IR-1 S GROUP EXHIBIT "IR-2"—"IR-16": Roadway Cross-Sections & Geometry EXHIBIT"J": Project Signage Table EXHIBIT'"Ji": Project Signage Details EXHIBIT"J2": Entry Monument Sign Concept and Entry Landscape Concept(Group Exhibit) EXHIBIT"K": Form Recapture Agreement EXHIBIT"L": Right to Farm Disclosure Statement for Final Plats • • • GROUP EXHIBIT"D" CONCEPT PUD PLAN FOR SUBJECT PROPERTY A. Concept PUD Plan. OWNERS and DEVELOPER have submitted to the CITY: 1. A Concept PUD Plan for the SUBJECT PROPERTY prepared by JEN Land Design, Inc., a copy of which attached hereto and made a part hereof as Group Exhibit"C" (Concept PUD Plan). 2. Typical landscape plans for open space buffers at the perimeter of the SUBJECT PROPERTY (Prepared by JEN Land Design, Inc. ) copies of which are attached hereto as Exhibit"D1" (Typical Buffer Sections). 3. Preliminary building elevations attached hereto as Group Exhibit "Dc (Concept Residential Building Elevations). 4. A Park Exhibit showing all park lands to be dedicated to the Parks Department is attached hereto as Exhibit"D3" (Park Exhibit) • 5. A Bike Path Exhibit showing all proposed bike and connecting trails attached hereto as Exhibit "D4". The CITY and DEVELOPER agree that this exhibit is conceptual and subject to final engineering. Bike paths will be kept as far from residential lot lines as possible. using a 40' setback as a guideline. In no event shall the bike paths be located closer than 10' to a residential lot line. 6. The design standards are attached hereto as Exhibit "Ds" (Design Standards for Two-Family, Townhome, Apartment Homes, Single-Family Villas, and Commercial Areas). 7. Common Facilities are depicted and attached hereto on Exhibit"D6". (Common Facilities) 8. Transitional Area compliance table, attached hereto as Exhibit"D," and Transitional Zoning Exhibit attached hereto as Exhibit"D8". (Transitional Area Compliance) 9. A table of design standards for Neighborhoods 2-19 attached hereto as Exhibit "El" and Neighborhood 1 attached hereto as Exhibit"E,". (Design Standards) • . The Concept PUD Plan, Concept Landscape and Buffering Plan, Design Standards and Building Elevations are collectively referred to as the Concept PUD Plans. Prior to execution of this Agreement, OWNERS and DEVELOPER have submitted the Concept PUD Plans to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Concept PUD Plans. In accordance with the development concepts set forth on the Concept PUD Plans, the SUBJECT PROPERTY shall be developed in substantial accordance with the one family, two family, townhome and multi-family residential unit concepts set forth in the design schedule depicted on Exhibits "E", "E1", "E1," and "E3" with a maximum dwelling unit count of: 999 single-family lots 290 single-family villas 350 duplex units (175 lots) 707 townhome units 300 multi-family units 2,646 total dwelling units within the 19 individual neighborhoods of the SUBJECT PROPERTY, subject to Final • Plat and Final Engineering review, as defined in Paragraph B below. The CITY, OWNERS and DEVELOPER acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in Group Exhibit "C", Concept Plan, for a phase of development, as a result of the SUBJECT PROPERTY being developed in accordance with the design standards, ordinances, regulations, codes and rules referenced in this section,but in no instance shall the total maximum dwelling unit count exceed 2,646 units. Additionally, due to engineering constraints (i.e. high water tables), the CITY recognizes the need for flexibility in the final layout and design of Neighborhoods 4-8. As such, through the Concept PUD Plans 986 dwelling units are approved for Neighborhoods 4-8. The final location and mix of housing units shall be determined at the time of preliminary/final platting. Any plan for a phase of development that does not exceed the total number of dwelling units allowed in said Neighborhoods shall be deemed to be in substantial conformance with the Concept Plan. In no instance shall the total number of apartment units in Neighborhoods 4-8 exceed 300 dwelling units. The SUBJECT PROPERTY shall be developed according to the design schedule depicted on Exhibits "E". "E1", "E," and "E3" and in accordance with the development concept set forth in the Concept PUD Plans, and such development shall be in full conformance with the City's Zoning Ordinance, Subdivision Regulations, Building Code, and other City ordinances, codes, rules and regulations pertaining to the development of • the SUBJECT PROPERTY as provided in Paragraph 7 (Amendments to Ordinances) of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the SUBJECT PROPERTY, also shall be in full conformance with the City's Zoning Ordinance, Subdivision Regulations, Building Code, and other City ordinances, codes, rules and regulations pertaining to the development of the SUBJECT PROPERTY, except as otherwise modified or varied pursuant to the terms of this Agreement. B. Approval of Preliminary/Final Plats and Preliminary/Final Engineering. The DEVELOPER shall be allowed to develop the SUBJECT PROPERTY in phases. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats, Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development. The Preliminary/Final Plat, Preliminary/Final Landscape Plan and Preliminary/Final Engineering are referred to herein collectively as the "Final Plans". • Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CII'Y's ordinances, codes and regulations except where otherwise amended in this agreement and substantial conformance with the Concept PUD Plans, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. Concurrent with the CITY's review of Final Plans for a Phase of Development DEVELOPER shall submit to the CITY a Declaration of Covenants, Restrictions and Easements (or similarly named document). CITY shall review a copy of the Declaration of Covenants, Restrictions and Easements ("Declaration"), which will be used by OWNERS and DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of OWNERS and DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 19 of this agreement, for the ownership, care and maintenance of the common open space areas within the SUBJECT PROPERTY and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The dormant SSA, • • as defined in Paragraph 19 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 19, to fund the cost of maintaining the Common Facilities. C. Common Facilities The Common Facilities are shown on the attached Exhibit "D6". D. Transitional Neighborhood Area. The Comprehensive Plan of the CITY designates approximately 770.9 acres of the SUBJECT PROPERTY as"Transitional Neighborhood". Under the design guidelines of the Transitional Neighborhood section of the Comprehensive Plan, approximately 21.0% of additional open space is required in order to achieve a maximum area of single family attached of 25°/o of the overall development within the Transitional Area at an overall density of 2.88 units to the acre, and a maximum density of single-family attached units per acre of 6 units to the acre. The CITY acknowledges that the DEVELOPER has met this requirement as demonstrated in Exhibit "D7", Exhibit "Ds" and Exhibit "D,". • E. Mass Grading. The OWNERS and DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake, preliminary grading work,temporary detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. Prior to city approval of a grading plan and soil erosion plan, the DEVELOPER will submit a master utility plan, an overall stormwater management plan, a master grading plan for the central portion of the development, and a geometric plan for the central portion of the development showing individual lots and street configurations. F. Right To Farm Disclosure. OWNERS and DEVELOPER agree to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit "L" on each Final Plat of Subdivision. G. Interim Uses. • 11 Interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the term of this Agreement, subject to a restoration bond. 1. All types of farming. 2. Borrow pits. 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials. Gravel mining is prohibited, however said materials may be used within the development. 5. Temporary detention. 6. Construction storage and office trailers. 7. Mass Grading 8. Nursery H. Permitted Uses for Commercial Site. All B-3 (Service Business District)permitted uses shall be allowed to be developed on the commercial site located within the SUBJECT PROPERTY. S S , . e • 0 IL • 1 16.44 S, MVLLAOY / I / IO / is& to 1111 o mi imia, NM MI goin .1111. 0°) /' Ill ONO 01,01 lir N / re �Ujle- 4.: I ...., , HOA owl ow -p 415 ,I Open Space , EllIIIImol mem �, 11.. . ) r ram row • INA ii•D- . 11110 Ii NEIGHBORHOOD 1 0 en1 0 Dm•% ST YBOOK i•MN Single Fgmily Villas °CN +�`I ''•. • HIC LANDS •■ I SUB IVISION / {, I VW • i — 1 ... 11111111r 6,11 ROPOSED I r — — f--— 4..._ _ .r. _ __ _ . , BLACKBERRY, - — _ — ;��tt/��.,e•1 KNOLL = • VILLAGE SUBDIVISION II. MVP * OSWEGO THE SHEPHERD r i iii�►� RbAG LUTHERAN CHURCH.. ,,Ptrk GALENA/`• L (�,� /I j \'- G. WA NER I o.tenaw. S B. z u/LL. ROAD Space / NEIGHBORHOOD 3 / COMMERCIAL 'kms-- ! - �_ \��, iownhome / 111 '1 1 -Open %' � ��NCY,R�UTURE METRA Space ��'77% NEIGHBORHOOD 4 Dekention _ PARK AND RIDE \\ Dek. "I� Mu'ti-Fomlly � /'/Kaim �INF06LWEG0 / /� I 'NEIGHBORHOOD / OMppN //.' REGIONAL 5 Townhome //����///pN GCHIC' B R Wit ' PARK/ p• %/k.0.4 rA,_OM w/o �Det•tion �� i� \ L 1,V#/�COMMON RAILROA C Space � IIII re'-- GATES CREEK // YI �' ON N°R N Detention l �'-" WEST UNIT 1 ___—__- / I, /�• NEIGHBORHOOD 7 ,,, ri•, wr. ktyyIyIIIIII�I�@,I az •r uMf ma l� T/-/ Townhome .� ,,s �,Elm vosi7:Ly mir Nam �, 1 vec %,/ark/..I I/, 1 11111 1 NMI" WE T uciNI R / O NEIGHBORHOOD 6 / $ �", LI "�®. �t Townhom l' Dal �•'\, j,./Alt�: 111`, zl, - .. y •erk um m� El c' ,I Y ,.� - School • /i mom wit . p t �. �, are w ■ ■ SOp: ace I �. ��•�,� 111-111.1111117.11 r ow dids I Open Olt,Al? r� mine■ ■. I • �°III S ace s , ,Aids - BLACKBERRY OAKS �' ne;ier•'i�]J � p SUBDIVISION i1 usum X17 r Detention , I I ItN� �r �r � e� ■'� W. L WOOD SUBDIVISION HUNTSVILLE(ORIG.TOWN) 111111111111 l �/ // /I �/' I------ -----. _ ____10 lit FORMERLY(BRISTOL STATION) _ �I -• �� , '1 -, (U INC ORATED BRISTOL) �_ ill : II '14..1„%/!'SS,��� . .�� I I 1 • e m sql111114 li Till I I it 0,0'.'- - \ 1' ,WAT* C ilia MIN _ M • M.UB. \ ;._______ , \ \s' /� ll NM •• 11.. ".7.—• Oltention \10 ;MIIii ,: TT 1111'IF AIL wino mt.Toori - -7, New ibil mak 01-0 lis Illiwegp Et �r ��r+w'„'';Pm sr,o �y IO 4.4407,-\ 1 �; ,ycy`Q � ' +'+' �'•'•��•, �j •Sppace 1 ••i,;�0°I •�4M , Blackberry Creek ni •� \ ' '�'i ..'. .' , / ,'.., ,, I, / •.me erl Conservation Are, rl.' MuSikeFal n` l ea` .' '' •i.,. 'I/' �/ .,. Del I. / *- ---- ""'-• wi ` it 4� // air ■ •+l,, , i �j��. O. f ' ' • I� Det Cwe" %/y//,i 0e � � (. L• •� O. op � r ,acs •e��/' /sFace�L\ \..iD '. ' //,E • ( Lak. ��� �� �pIA / Jao` �"` Del / ,°a',tssY \:\V�Ce��.�/ /F/,,,or, j r��/ Club �I �. yJ0 �/ �y� yit Detention •1 a �. ♦�1A4� �� ► 4-4_, 1p, --by' .5�. et„ ,AL Ir�A' .;.P St ' oy� °q Lake 41 Aliflis 0' Open' O,I � 11P,./'” �'Iork w /` ••2, ,• \�•:��'�fi.�a' ,,'�Laae Sp Ce/% .%d4 4.t+'Vir •Q ®r irv-\mssIti i20 ce'-;�� 1111110r Op • ♦ # ; •.potent,...) 5 io 4,„ \\\> # * ♦. �,o• \ r".m 00. Indicates 10 Ft. Bikl�e Trail to be provided / , T%DetenOan;-"e, � by the United City of Yorkville //^\\ \ / -,\ 1 / P ti Exhibit "D4' I 74001111rikli'' etltllRevisions 06-20--03 I,. No. 3300 I MPI — Yorkville Bike Path Exhibit 011tN LAND DESIGN,SINC 07-0 07-02-03 Iscale 1"=500' 1535 Plainfield Road Suite E GRANDE RESERVE PLANNING • LANDSCAPE ARCHITECTURE Date OS-23-03I Willowbrook, IL 60527 5517 V. Cumberland, Suite 906 Chicago, IL 60656 LI�,i li Ali (630) 325-4500 Yorkville, Illinois Pit 773.763.3320 Fax 773.763.3325 Final: Jeilcndbameritech.net Ste, ,, „e, 50 • EXHIBIT "D5" Design Standards Design Standards for Two-Family, Townhome and Apartment Homes and Single Family Villas Photographs included as Exhibit D2 are conceptual examples of building elevations that will be constructed in Grande Reserve. The OWNERS and DEVELOPER agree to adhere to any city-wide architectural control ordinances that are in place at the time of final platting for each phase of development. the OWNERS and DEVELOPER agree to impose relating to facade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. These standards will be submitted for city review and approval prior to City Council approval of the final plat of subdivision. DEVELOPER established design standards would address the following issues: • Standard SF Villas Two-Family _.Townhomes A_partments Color Schemes X X X X Deck& Patio Specifications X X X N/A Fence Specifications X X X N/A Restrictions on Accessory Bldgs. X X X N/A Restrictions on Housing Styles X X X N/A Minimum Square Footage X X X N/A Building Materials X X X X Roof Specifications X X X X Design Standards for Commercial Area All buildings located within the commercial area north of Neighborhood 5 shall be constructed 100% of brick/masonry materials on all sides. • • EXHIBIT "E" PERMITTED MODIFICATIONS FROM BULK AND DENSITY REQUIREMENTS AND DESIGN STANDARDS Permitted Modifications to Zoning Ordinance: All modifications to the Zoning Ordinance are outlined on Exhibit "E1"(Neighborhoods 2-19) and Exhibits "E," and "E3" (Neighborhood 1). II. Permitted Modifications to Subdivision Ordinance: Right-of-way widths and sidewalks per typical cross sections as identified in Exhibits IR 2- IR 16. Block lengths in excess of 1,320' for Neighborhoods 9, 10, 11, 13, 15 as depicted in Exhibit • Reduction in required right-of-way for a minor collector from 80' to 70' to allow the entrance off of U.S. Route 34 to transition from 100' right-of-way at the intersection to a 70' right-of-way. Reduction in required right-of-way from 80' to 70' for the main roadway generally located between Neighborhoods 10 and 11 and the open space/HOA Club area. Reduction in required back-to-back pavement width from 39' to 34' for this same roadway. Reduction in required right-of-way from 80' to 70' for the main roadway that runs through Neighborhood 16 adjacent to lots that back up to the school site. Reduction in required back-to-back pavement width from 39' to 34' for this same roadway. 410 S Reduction in required right-of-way for a collector from 80' to 70' for the main roadway connecting the entrances located off of U.S. Route 34 and Bristol Ridge Road. Private cul-de-sacs in Neighborhood 1 as depicted in Exhibit E3. M3.12 curb and gutter in Neighborhood 1 as depicted on Exhibit IR-2 Stormwater Management Variances as described in Exhibit IS-7 III. Permitted Modifications to Building Code: None IV. Permitted Modifications for Signage: The provisions of the Sign and Zoning Ordinance are hereby modified as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and attached hereto and incorporated herein in Exhibits"J", "J1", and "J » • S • S • wuue DY 1g1TD011m, . 14) & 11 mal t 4T.,..,-A1,>off TM Ell ENA „i;1 °..,4 �.trj: , Al,ce == ii AL (e, 1,1,14°..,4 ,0 v�•moi, v• 0Bit es1 I Ma m VII ��lBw I ,..P.-,-in it. to � • STORYBOOK ■ I. -.�r, tei Ic�,J.�i,_� :::. 112.12 �MB `=i3 : tr,fl; I a 1UGNLANDS ¢i�.p::::!!!;".1� t►1 l • i'� r SUBpNSKIN le (� Y�► I,�(tri.y�j Ili � t 111 \Leie . \\. T 'V ice:-- �,/ PROPOSED 1 L- �' BLACKBERRY 1 ,( KNOLL SUBDIVISION OSWEGO _ ) ?7J/ THE sNEP s° i<4_3 y// lik s A�R'% LUTHERAN a+ulta+ r,-&1 �:, ,„,y/ RA , gi., ca.riERoa ,Ari[[ ROAD ;\S�PoC � OkOOOD 8 �/ own ome B (' iy '--E -' Open i`� �. �� 11 Space Pork II OD 4 Detention► \ PUTTIRE ME TR / i\Det. . 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Itillawirs D.i.nusnWr .91,$)..9. it,, „..„ck., iirit .it1 ' 1ti1I1IiV' ir way Lito opt au eli =I Lt. i ftisi lip iii pp d f B I' b.ttr'Y C Age'8 k I 4 e.k b o I\\1(10 '44 4 lip* * Jis...., llip Spoce •i& lilt IIP � wL oci\!t?Ork( ' /��.�y�, i; %I.... .•'''' E••,•• ••' �!••{��,'� alp *NI iFy' y �jY�2ON.�✓Y� Y ( j��) OC ,. • Pork Club . l+ i ll fAVVP :i'� end ,•:.,`•Li_.1 .,,),.,(:),,.>,. •.0'.1_.” `yc y �`"\<\ i' Yce 44 . . . Wil; I;4 41 at :i)> . :c‹.,,y,(" ,,,,, ,,,# ),• on 467 iip if 0 ma 4 .F ..Del..uon. \'' �.�'..51•••_. . �• ry, \ S%fir:f.li S .P ft() -,' ,•O : . ♦ ,� e. �� open { R \ �Y. Pork i.( �� I,•. • '��0'4*�7►, sir Spots 4C (‘-'--°Pee 1. <<''.1((X,,c• • • # ."11/.# ( LC00 ♦1 . ')\,\\I-- -4e,, /' D «.Nion7.. July 03,2003 11:06:00 o.n.. AcodVen 15.06 dewily F:\CARD\2607.00\312\EIwIBITS\2807BLOCK-LENOTNSDWO(224) EXHIBIT NO. ELI COWHEY PROJECT NO. 2807.00 GUDMUNDSON BLOCK LENGTH EXHIBIT LEDER , LTD . DATE 7/03/03 300 PARK BOULEVARD SCALE N.T.S. ITASCA, ILLINOIS 60143 GRANDE RESERVE CONSULTING ENGINEERS YORKVILLE, ILLINOIS DRAWN BY : DPO (630) 250-9595 CHECKED BY : DAT © COPYRIGHT 2002 0 Exhibit ES Reconfiguration of Cul-De-Sac in Neighborhood 18 Ir.". ' °J. S"'".I* i • -.al-•• ••A.,L,aa... . ...... ..i.,............2.• KENNEDY . . 74"—'4-- rise .i.\ r,....!....7.„,,,...r.. -----j, ii ....i...7................. Nr---- , . 7---1 ---r—r—T . ,........... ar+.r.rL."V ' 1 ±1 ' "1i 1 _ • 9 . . 4(....•.4--- I 4,.,. r 1. ' + _�__.1 i..- ri ' . A ) ... .°1 /7 . • .otif 1 . C....) 1 : °. ‘411767. \ fo,„...0.4100••••......._ 4S‘ f4/M•L•.°°:\ I ......... ,„0.0 -1--.1 .i i iNy... .....„:„;------,„„„N \Ns:Li 0 i,. ----- bee zr.„ ,y, .44bei �.� / ..„,<-. .._....--------.------......-„J ' \ /7 N..,„. [......,1 ...........----- , , i /./ 46.,,,,k i 1 , , 1 ,g \ r- , zo i k 6 \ sr 11 \ 3._ _---t1=--7r.—i 7 ry r- r---1-- • °— Requested variance in cul-de-sac length from 600' to 740' +/- in Neighborhood 18, with • a maximum of 18 homes served as depicted above. • EXHIBIT F. GRANDE RESERVE SCHEDULE OF FEES FEE $/UNIT/ACRE Sewer Ci Tap-On Fee $500/unit E� 1 Water Tap-On Fee us to $2,600/unit Ta.-On Fee Multi-Family us to $2,200/unit School Transition Fee $3,000/unit Donation $58,000/acre Park__ Donation $58,000/acre $1,000/unit Ci Fees Capital Improvement Fee (varies per fire protection $1,982.70 - ID district as detailed in Exhibit H2) $2,100/unit Road Fund Road Contribution Fund _ $2,000/unit En l ineerin l Ins i ection & Administration Fee 1.75% of Total Estimated Improvement Costs for Developer's Public Improvements $800,000 Buildin Pemit Fee $650 + $.20/sf Siren Fee $75/acre* Bristol Kendall & Oswego Fire Protection District $.35 per sq.ft.of Fee for Commercial Uses commercial development *Developer requests the ability to pay for cost of installation of sirens The CITY agrees to require all annexation agreements for future residential subdivisions to contain language stating that the owners of such properties shall be responsible for fees no less than those amounts specified above. • • EXHIBIT "Ill" SCHOOL CONTRIBUTION. The total land area required for contribution, based on the 2,646 dwelling units shown on Concept PUD Plan, is 86.38 acres. OWNERS and DEVELOPER shall provide a 12 acre buildable school site to the Yorkville Community School District #115 as shown adjacent to Park D on the Concept PUD Plan (Exhibit "C"). Stormwater associated with the development of this school site will be accommodated by the DEVELOPER elsewhere in Grande Reserve. OWNERS and DEVELOPER are providing a park site (park site D as shown on Exhibit "C") immediately adjacent to the 12 acres school site referenced above. The CITY agrees that three (3) acres of park site D that are immediately adjacent to the school site shall remain as permanent open space for joint use by the Yorkville Community School District #115 and the United City of Yorkville Parks Department as park land. If the OWNERS and DEVELOPER gain ownership of the Hinsdale Nursery property located to the southwest of the SUBJECT PROPERTY by January 1, 2004, the OWNERS and DEVELOPER shall also donate a minimum of 65-acres for a school campus. This land donation would be located north of Kennedy Road and west of Bristol Ridge Road and would include approximately 25 acres that is currently designated as Neighborhood 19, Park F, and • adjacent Open Space/Detention on Exhibit C and 40 acres on the adjacent Hinsdale Nursery property. This land donation will be calculated at a value of$58,000.00 per acre. No further land or cash donation shall be due to the School District. If the OWNERS and DEVELOPER do not gain ownership of the Hinsdale Nursery property by January 1, 2004, OWNERS and DEVELOPER shall donate approximately 64.1 acres of land generally identified as Neighborhoods 4 and 5, Park Site B, and adjacent Open Space/Detention areas as shown on Exhibit C. This donation includes all land located south of Mill Road, east of Kennedy Road, and north of the Commonwealth Edison easement, except for that portion of land designated for commercial use and the realigned Mill Road as depicted on Exhibits C & D10. No further land or cash donation shall be due to the School District. Attached hereto and incorporated herein as Exhibit "Hi" is a letter from the Yorkville School District agreeing to said contributions. TRANSITION FEES: The DEVELOPER also agrees to pay a transition fee to the School District in the amount of $3,000.00 per unit (up to a maximum of$7,938,000 dependant upon the location of the school campus and the subsequent reduction in dwelling units). OWNERS and DEVELOPER further s • agree that such payment will be at a rate of$1,500.00per unit (upto $3 969 000 at the time of �' p Y � ) filing of recording of the first final plat and $1,500.00 per unit on a per building permit basis as building permits are issued. In lieu of a cash payment, the DEVELOPER may post a letter of credit(LOC)for the initial $3,969,000 or other form of surety to guarantee transition fees for the construction of a school, at the sole discretion of the DEVELOPER. The DEVELOPER shall annually reimburse the School District for lost interest on the unused portion of the LOC at a rate comparable to invested School District funds. Payment by the DEVELOPER will occur within 30 days of invoice from the School District. The deposited funds will be escrowed by the School District and may be used by the District, from time to time, upon Certification to the OWNERS, DEVELOPER, or CITY, as the case may be, that the same are needed for school purposes. The School District agrees that it will commence construction of a school on the land designated in Exhibit C at such time that 500 single family occupancy permits have been issued in Grande Reserve subject to passage of a referendum, to which the School District will seek as soon as legally permissible. No other existing or future transition fees or impact fees of any kind will apply with respect to the SUBJECT PROPERTY. • • • EXHIBIT "HZ" PARK DONATION The total land area required for contribution, based on the 2,646 dwelling units as shown on the Concept PUD Plan, is 73.93 acres. The OWNERS and DEVELOPER will meet this requirement with a land donation of 104.81 acres as shown on Exhibit "D;". The timing and specifications for these donations shall be determined at the time of final engineering for each of the phases, but generally will be delivered graded and seeded by the DEVELOPER where appropriate. In addition: 1. OWNERS and DEVELOPER will provide an additional 247.67 acres of open space that includes regional open space, storm water detention areas, and neighborhood buffer areas as outlined in Group Exhibit "C". 2. The CITY hereby agrees to improve designated park sites in accordance with the park concept plans included as Exhibit H4. As consideration for said improvements, OWNERS and DEVELOPER shall provide $1,000.00 for each dwelling unit for park improvements (up to a maximum of$2,646,000.00 dependant upon the location of the school campus as described in Exhibit "HI" and any subsequent reduction in dwelling units). Individual park allocations identified below are conceptual and may be adjusted during the final engineering for each phase of development provided the total OWNER and DEVELOPER contribution does not exceed $2,646,000.000: • Park Site/Amenity Amount Allocated A $120,000 B _ $166,000 C $120,000 D $150,000 E _ $210,000 F $65,000 G $120,000 H $65,000 I $1,000,000 Trail System $480,000 Design $150,000 Total $2,646,000.00 This amount excludes the cost of mass grading, street improvements, utility improvements and seeding of the neighborhood parks and buffers. Parks will be delivered with adjacent road improvements, curbs, sidewalks, parkway trees, necessary utility stubs, drainage improvements and a cover of turf acceptable to the CITY and conveyed to the CITY within 18 months from the commencement of development for each phase of development that a park site is located within. The timing, specifications, and costs for these improvements shall be determined at the time of final engineering for each of the phases. The DEVELOPER will collaborate with the Parks Department on the design of amenities for the parks and trails within the SUBJECT PROPERTY • Amommi • in accordance with the concept plans that have been attached as Exhibit D4 and Exhibit 114. The CITY shall retain final authority regarding the design of individual parks and trails as long as park improvements are substantially in conformance with the established concept plans. The DEVELOPER will be responsible for installing all park and trail improvements up to a maximum of $2,646,000. as described in the table above. Once DEVELOPER's designated funds are exhausted, additional improvements shall be the sole responsibility of the CITY. The CITY agrees that three (3) acres of park site D that are immediately adjacent to the school site shall remain as permanent open space for joint use by the Yorkville Community School District#115 and the United City of Yorkville Parks Department as park land. CITY CAPITAL IMPROVEMENT FEE A capital transition fee of$1,982.70 shall be paid to the CITY for each residential unit located within the Oswego Fire Protection District boundary. A capital transition fee of$2,100.00 shall be paid to the CITY for each residential unit located within the Bristol Kendall Fire Protection District. Unless otherwise provided in this Agreement, said development, capital improvement, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. No other existing or future capital improvement fees and/or impact fees will apply with respect to the SUBJECT PROPERTY. The CITY capital improvement fee may be used to fund public improvements or capital needs of the CITY. The distribution of this fee is summarized in the table below and further described in the text that follows. City Capital Improvement Fee—Fee Breakdown and Payment Schedule Fee Description Fee Per Unit #of Total Fee Payment Schedule Units* Fire Protection— $150.00 1,885** $282,750.00 Total fee due within 6 BKFPD months of annexation,but in advance of the issuance of any residential permit. Fire Protection— $150.00 1,885 $282,750.00 Per unit fee due concurrent BKFPD with individual building permit application. Fire Protection— $182.70. 761** $139,034.70 Per unit fee due concurrent OFPD with individual building permit application. Municipal Building $150.00 2,646 $396,900.00 Total fee due at the time of Fee annexation. Remaining City $1,650.00 2,646 $4,365,900.00 Per unit fee due concurrent Capital with individual building Improvement Fee permit application. Total $1,982.70- 2,646 $5,467,334.70 $2,100.00 • *Total number of dwelling units to be determined at time of final platting based on school land donations described in Exhibit Hl. **Unit counts in each fire protection district are estimates and subject to change based on final determination of the Bristol Kendall and Oswego Fire Protection Districts at time of final platting for any phase of development • FIRE PROTECTION DISTRICT FEE Included in the capital transition fee described above is a$300.00 per dwelling unit fire protection district fee for the Bristol Kendall Fire Protection District and a$182.70 per dwelling unit fire protection district fee for the Oswego Fire Protection District. In recognition of the need to expand fire protection capabilities in the Bristol Kendall Fire Protection District in the immediate future, the OWNERS and DEVELOPERS have agreed to alternative payment provisions for this portion of the capital transition fee. Within six months of annexation, but prior to the issuance of any residential building permit, the OWNERS and DEVELOPERS shall pay$150.00 of the required fire protection district fee for each residential unit located within the Bristol Kendall Fire Protection District for a total amount not to exceed $300,000.00 to such District. The remaining $150.00 of the required fire protection district fee for the Bristol Kendall Fire Protection District and the entire$182.70 fire protection district fee for the Oswego Fire Protection District would be paid concurrent with the building permit application for that particular residential dwelling unit. Final determination of each Fire District's boundary would be made at the time of final platting through an intergovernmental agreement between the Bristol Kendall and Oswego Fire Districts. MUNICIPAL BUILDING FEE • Also included in the capital transition fee described above is a $150.00 per unit fee that will be utilized for municipal building expansion. In recognition of the City's need to expand facilities in the immediate future, the OWNERS and DEVELOPERS have agreed to alternate payment provisions for this portion of the capital transition fee. At the time of annexation, the OWNERS and DEVELOPERS shall pay$150.00 per unit to be utilized for facility expansion. ENGINEERING REVIEW FEE Recognizing the immediate impact of the development of the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall provide $250,000.00 of the required engineering review fee within sixty (60) days after execution of this Annexation Agreement. In consideration of this pre-payment of $250,000.00, the CITY shall credit OWNER and DEVELOPER $250,000.00. toward future engineering review fees. • • Exhibit H3 • • YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Pl rkwlry,Suite A,P.O.Box 579 Yorkville,IL 60560-0579 Telephone(630) 553-4382 Fax (630)553-4398 YORKVILLE HIGH SCHOOL 797 Came Farm Road Telephoneeois60560 5343 Telephone(630)553.4360 (J�� YORKVILLE MIDDLE SCHOOL July 7,2003 702 Gams Fenn Road Yorkville,Illinois 60560 Telephone(630)553-4385 CIRCLE CENTER INTERMEDIATE SCHOOL Mr.Tony Graff,City Administrator 901 Street Yorkville,Illinois United City of Yorkville • Tekphont(630)555.4366 800 Game Farm Road YORKVILLE GRADE SCHOOL Yorkville,IL 60560 207 West Son+onauk Surer • Yorkville,Illinois 60560 Telephone(630)Sa3I390 Dear Mr. Graff: BRISTOL GRADS SCHOOL • 23 Hunt Street This will confirm that I have reviewed therovisions of Exhibit H to the P.O.Boal 177 p Bristol,Illinois proposed Annexation Agreement for Grande Reserve Subdivision on behalf Telephone(610)553-4383 of the Yorkville Community Unit School District#115. The School district . approves of the concept as contained in said Exhibit H for the provision of school sites related to that subdivision and the payment of additional fees by the developer for the benefit of the School District. This will also further confirm that at such time as the School District is ready to commence construction of a school on one of the dedicated sites,the District will submit its preliminary site plan to the City of Yorkville for engineering review. Please let me know should you have any questions. Thank you again for the city's assistance in this matter. Sic Iy, Dr. Thomas D. Engler Superintendent • TDE/mlm • • • • "r none,Mone ' • C._ In I I Tei • ,Q 1 IIAO EXHIBIT "I" INFRASTRUCTURE IMPROVEMENTS The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to design, construct and install at its expense, subject to the right of recovery and recapture certain on-site and off-site sanitary sewer, water system and roadway improvements (hereinafter "INFRASTRUCTURE IMPROVEMENTS"); which improvements have been requested by the CITY, but are not required under Municipal Code and which benefit the CITY and other properties. A. Sanitary Sewer Facilities. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated on Exhibit"IS-1". In consideration of the expansion and construction of the sanitary sewer mains contemplated by the DEVELOPER, the CITY agrees to reserve current sanitary sewer capacity p.e. (population equivalent) as it exists at the time the CITY executes this agreement in the CITY sanitary sewer lines both on and off-site, servicing the SUBJECT PROPERTY for the duration of this Agreement, so long as development is actually proceeding on the SUBJECT PROPERTY. In the event the development is reasonably proceeding on the SUBJECT PROPERTY, DEVELOPER shall be allowed to request an extension to said twenty(20) year reservation with • the then current City Council. DEVELOPER and CITY shall continue to study methods to upgrade and provide for adequate off-site sanitary sewer transmission lines, which shall be committed to a written agreement between the parties by the time the Final Engineering and the first Final Plat of Subdivision are approved by vote of the City Council. B. Storm Water Facilities. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the SUBJECT PROPERTY as determined at the time of Final Engineering Review. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY as modified by this agreement unless ordered by a jurisdiction with authority that supercedes the CITY on this matter. The location and specifications of the infrastructure improvements for the stormwater plan are illustrated on Exhibit"IS-2". The typical neighborhood drainage detention facility is attached hereto as Exhibit • "IS-3". The typical neighborhood drainage cross-section is attached hereto as Exhibit "IS-4". • The typical neighborhood drainage bio-swale is attached hereto as Exhibit "IS-5". The typical neighborhood drainage bio-swale cross-section is attached hereto as Exhibit `IS-67. C. Water Facilities, The DEVELOPER shall install one (1) one and one-half million (1,500,000) gallon water tower and two wells in addition to a water treatment facility, two (2) off-site watermain extensions, and a raw watermain. The estimated construction cost of the water system is $9,858,000.00 (Exhibit "IW1"). In additional to construction costs outlined in Exhibit "IW-1", soft costs will also be incurred for design, engineering, permits, costs for obtaining easements, legal fees, and interest charges associated with these INFRASTRUCTURE IMPROVEMENTS. In consideration for the total cost of this construction, the DEVELOPER shall be entitled to a waiver of water system tap fees in an amount to $2,200 for each multifamily and $2,600 for all other residential taps in accordance with the Schedule of Fees which are depicted and attached hereto as Exhibit"FF". Upon completion of the construction of the said water facilities, the CITY shall issue OWNER and DEVELOPER coupons crediting the DEVELOPER for the waiver of tap fees for three hundred (300) multifamily units and two- • thousand three hundred and forty six (2,346) other residential dwelling units. The remaining cost of the water system shall be recovered from the properties located within the service areas identified in Exhibits "IW3" and "IW4". in conjunction with the payment of water system tap fees . Upon receipt by the CITY of any water tap fee from properties located within the service area , the CITY will forward said fee to the DEVELOPER. • • OWNER and DEVELOPER agree to provide access easements to the CITY to allow permanent access to both well sites that are being dedicated at Grande Reserve at the time of final platting. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the SUBJECT PROPERTY in substantial conformity with the Final Engineering to be approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the SUBJECT PROPERTY pursuant to the approved Final Engineering for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by OWNERS and DEVELOPER as a part of the public improvements for each Phase of Development. E.Off-Site Street Related Improvements. The DEVELOPER accepts responsibility for • perimeter intersection improvements per Exhibit "IRI ". The DEVELOPER agrees to construct improvements on Galena Road and U.S. Route 34 . These improvements shall be at the sole cost of the DEVELOPER. The CITY agrees to the remaining improvements detailed in Exhibit "IRI . The DEVELOPER agrees to contribute $3,778,050 to the CITY to cover improvements . Upon approval of a road design plan by the CITY for a phase of said improvements, the DEVELOPER shall post a letter of credit in an amount equal to the estimated cost of that improvement . If construction improvements at least five (5) months in advance of the identified completion dates below, the DEVELOPER assume construction responsibility for these improvements as • specified in Exhibit "IR1 The DEVELOPER does not accept responsibility for any improvements in excess of those specified by Exhibit "IR1 ". Off-Site Street Related Improvement Schedule Unless changes are mutually agreed upon by both parties, said improvements shall be constructed in accordance with the following schedule: Scheduled Completion Date Bristol Ridge Road September 1, 2004 Kennedy Road (from Bristol Ridge September 1. 2006 or within 1 year of north to the railroad crossing) the issuance of 250 building permits within Neighborhoods 6-16, whichever conies first. Mill Road & Kennedy Road (north Within 1 year of of the railroad crossing) Neighborhoods 1.2,3,4,5 Kennedy Road (south of Bristol Within 1 year of final platting of the first Ridge) neighborhood southwest of Bristol Ridge • U.S. Route 34 (Neighborhoods 17. 18, 19) September 1, 2004 Galena Within 1 year of final platting of Neighborhood 1. Typical residential street cross-sections and location plans for roads with various R.O.W. and pavement widths are attached hereto as Exhibits "IR-2" —"IR-16". The DEVELOPER also agrees to contribute $2,000 per unit toward a road fund for additional perimeter roadway improvements. Said contribution shall be collected by the CITY at the time of building permit and deposited into an account at the discretion of the CITY to be used for additional future perimeter roadway improvements No further contribution shall be due by the OWNER and DEVELOPER for future roadway improvements. The CITY agrees to all future annexation agreements for future residential subdivisions to contain language stating that the owners of the property to be annexed shall a roadway fund. 06/05/2003 14:55 FAX 16303255595 PASQUINELLI DEV GRP 4 002 Exhibit IR . COWHEY GUDMUNDSON LEDER, LTD. CONSULTING ENGINEERS • LAND SURVEYORS • NATURAL RESOURCES 300 Park Boulevard Suite 350 Itasca, Illinois 60143 Phone(630)250-9595 Fax(630)250-9644 FILE:2807.60-400 Email: INFO©cgl-ltd.com DATE: 0528/03 Website: http://www.cgl-Itd.com PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST FOR INITIAL BUDGET PURPOSES ONLY US RT 34, BRISTOL RIDGE,KENNEDY,MILL,AND GALENA ROAD IMPROVEMENTS ADJACENT TO GRANDE RESERVE YORKVILLE,ILLINOIS £L M DESCRIPTION QUANTITY UNIT PRICE EXTENSION US RT 34 1. 34 A: NH 11 /12 ENTRANCE TO BRISTOL RIDGE ROAD 1 • LS 457,000.00 457,000.00 2. EXISTING DRIVEWAY APRON MODIFICATIONS 15 EA 1,000.00 15,000.00 3. 34 B: NH 17 ENTRANCE 1 LS 210,000.00 210,000.00 SUB-TOTAL US RT 34 $ 682,000.00 BRISTOL RIDGE ROAD • 1. BR-1 : BRISTOL RIDGE NW OF KENNEDY INTERSECTION TAPER 1 LS 16,000.00 16,000,00 2. BR-2: BRISTOL RIDGE 36'PAVEMENT/100' R.O.W. ROADWAY SECTION 870 LF 168.00 144,420.00 3. BR-3:BRISTOL RIDGE 36'PAVEMENT/50' ' HALF R.O.W.ROADWAY SECTION • 320 LF 145.00 46,400.00 • 4. BR-4:BRISTOL RIDGE NH 13&14 ENTRANCE 1 LS 35,000.00 .35,000.00 5. BR-5: BRISTOL RIDGE 30'PAVEMENT/85' R.O.W. ROADWAY SECTION 1,730 LF 130.00 224,900.00 6. BR-6: BRISTOL RIDGE/RT 34 INTERSECTION 1 LS 155,000.00 155,000.00 7. EXISTING DRIVEWAY APRON MODIFICATIONS 15 EA 1,000.00 15,000.00 SUB-TOTAL BRISTOL RIDGE RD S 636,720.00 KENNEDY ROAD 1. K-1 : KENNEDY ROAD 30'PAVEMENT 1100' • R.O.W.ROADWAY SECTION 1,500 LF 161.00 241,500.00 2. K-2: KENNEDY!NH 18&19 ENTRANCE 1 LS 352,000.00 352,000.00 3. K-4: KENNEDY AT BRISTOL RIDGE INTERSECTION 1 LS 110,000.00 110,000.00 4. K-5: KENNEDY ROAD 30'PAVEMENT/50' HALF R.O.W.ROADWAY SECTION 3,700 LF 139.00 514,300.00 5. K-8: KENNEDY/NH 6&18 ENTRANCE 1 LS 139,000.00 139,000.00 6. K-7: KENNEDY ROAD 30'PAVEMENT/100' R.O.W.ROADWAY SECTION 1,250 LF 156.00 195,000.00 7. K-8: KENNEDY AT MILL ROAD INTERSECTION 1 LS 244,000.00 .. 244,000.00 • F:ludd12507.0014001Est.Roads-Summary.XLS PAGE 1 06/05/2003 14:55 FAX 15303255595 YAW&1NELL1 DEV (sK1' IQUUs - 8. K-9: KENNEDY AT GALENA ROAD INTERSECTION 1 LS 129,000.00 129,000,00 9. K-RRX: KENNEDY RAILROAD CROSSING 1 LS 100,000.00 100,000.00 SiC. EXISTING DRIVEWAY APRON MODIFICATIONS 16 EA 1,000.00 16,000.00 SUB-TOTAL KENNEDY RD $ 2,040,800.00 MILL ROAD 1. M-1 : MILL ROAD AT KENNEDY ROAD INTERSECTION 1 LS 152,000.00 152,000.00 2. M-2:MILL ROAD 30'PAVEMENT/100' R.O.W. ROADWAY SECTION 880 LF 191.00 168,080.00 3. M-3:MILL ROAD/NH 5&8 ENTRANCE 1 LS 181,000.00 181,000.00 • 4. M-4: MILL ROAD 30'PAVEMENT/50' HALF R.O.W.ROADWAY SECTION 1,660 LF 155,00 257,300.00 5. M-5:MILL ROAD I NH 2&4 ENTRANCE 1 LS 205,000.00 205,000.00 6. EXISTING MILL ROAD REMOVAL 1 LS 33,150.00 33,150.00 7. M-RRX:MILL ROAD RAILROAD CROSSING 1 LS 100,000.00 100,000.00 B. EXISTING DRIVEWAY APRON MODIFICATIONS 4 EA 1,000.00 4,000.00 SUB-TOTAL MILL RD $ 1,100,530.00 GALENA ROAD • 1. G-1':GALENA RD AT KENNEDY INTERSECTION 1 LS 230,000.00 230,000.00 2. G-2: GALENA RD 1 NH 1 PROPERTY TAPERS 1 LS 29,000.00 29,000.00 : 410 3. G-3: GALENA ROAD 30' PAVEMENT/50' HALF R.O.W. ROADWAY SECTION 1,310 LF 112.00 146,720,03 4. G-4: GALENA ROAD/NH 1 ENTRANCE 1 LS 132,000,00 132,000.00 5. EXISTING DRIVEWAY APRON MODIFICATIONS 7 EA 1,000.00 7,000.00 SUB-TOTAL GALENA RD $ 544,720.00 • I F:kcadd12807.00M001Est.Roads-Summary.XLS PAGE 2 Exhibit IRlb • Scope of Work and Engineer's Opinion of Probable Construction Costs for Grande Reserve Perimeter Roads, Yorkville, Illinois All estimated costs include 20%for engineering(10% Design, 7% Construction Observation and 3% Materials Inspection/Other) All reconstructed pavement cross sections provide for full depth bituminous concrete pavements and are briefly described as follows for each road section: See also attachments 1-3. A. Bristol Ridge Road $2,384,730.00 3 — lane, 36' E.E. full depth bituminous pavement with 8' shoulder (4' paved, 4' aggregate) rural open ditch cross section with sidewalk on one side. B. Kennedy Road — West End to Bristol Ridge Road $1,085,310.00 3-lane, 40' B.B. full depth bituminous concrete pavement urban cross section with curb and gutter and sidewalks both sides. • C. Kennedy Road — Bristol Ridge Road to BNSF RR $2,532,300.00 3 — lane, 36' E.E. full depth bituminous pavement with 8' shoulder (4' paved, 4' aggregate) rural open ditch cross section with sidewalk on one side. D. Kennedy Road — BNSF RR to Mill Road $874,080.00 Transition from a 3 lane 40' B.B. full depth bituminous pavement urban cross section with curb and gutter at the BNSF RR to a 5 lane 64' B.B. urban cross section with curb and gutter and sidewalk at Mill Road. E. Kennedy Road — Mill Road to Galena Road $549,180.00 5—lane, 64' B.B. full depth bituminous concrete pavement urban cross section with curb and gutter with sidewalk on one side. F. Mill Road — Kennedy Road to east end $2,634,930.00 3—lane, 40' B.B.full depth bituminous concrete pavement urban cross section with curb and gutter and sidewalks both sides. • G:\PUBLIC\Yorkville\2002\Y00215 Grande Reserve(MPI)\doc\Exhibit IR-1.doc G. Traffic signals are to be provided for 5 intersections, if and as warranted. The locations are: a. U.S. Route 34 and Bristol Ridge Road b. Bristol Ridge Road and Kennedy Road c. Kennedy Road and West entrance (NH19/new school site) d. Kennedy Road and Mill Road e. Kennedy Road and Galena Road $300,000.00 each for total of $1,500,000 TOTAL ESTIMATED COST - $11,560,530.00 • G:\PUBLIC\Yorkville\2002\Y00215 Grande Reserve(MPI)\doc\Exhibit IR-1.doc 4110 , . Exhibit IRlb Attachment 1 PERIMETER ROAD I 100' PROPOSED R.O.W. 1- I{ 40' B—B & VARIABLE 1. I 5, 1. 36' & VARIABLE 5, '1 1 12' 12' 12 1 11 TURN LANE 2X 2R 1/4"/FT 1/4"/FT I ® O 1 0 0 0 O ® 4 11 0 PROPOSED TYPICAL PAVEMENT CROSS SECTION GRANDE RESERVE BOTH SIDES OF ROAD URBAN - FULL RECONSTRUCTION N.T.S. I I60' — 66' EXIST. R.O.W. — VARIABLE I 4' & VARIA LE 21' & VARIABLE 4' & VARIABLE 1 IP I �SHOULDERb (SHOULDER I 1/2"/FT 3/16"/FT 3/16"/FT 1/2"/F7 VARIABLE VARIABLE— VARIABLE VARIABLE 1`` J I I 1 2 3 I . EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND 01 EXISTING BITUMINOUS CONCRETE SURFACE 07 SUB-BASE GRANULAR MATERIAL, TYPE B 12" (CA-6, CRUSHED) 02 EXISTING BASE MATERIAL 08 P.C.C. SIDEWALK, 5" 03 EXISTING AGGREGATE SHOULDER 09 COMBINATION CONCRETE CURB & GUTTER, B-6.18 ® BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION MIX "D", N70, 1 1/2" 11 TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET OS BITUMINOUS MATERIALS (PRIME COAT) © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, 0 IL-19, N70, 7 1/2" COPYRIGHT©2003 ENGINEERING ENTERPRISES, INC. vAn,"N:\sosevaoAroozls\owcVoozuos Engineering Enterprises, Inc. UNITED CITY OF YORKVILLE GRANDE RESERVE PERIMETER ROADS TYPICAL URBAN CROSS SECTION DATE JUNE 0 NO. YO02105 Consulting Engineers Kendall County, Illinois r 52 Wheeler Road UNITED CITY OF YORKVILLE FULL RECONSTRUCTION FILE NO. Y0021504 Sugar Grove, Illinois 60554 630/466-9350No. DATE REVISIONS KENDALL COUNTY, ILLINOIS THREE-LANE WITH MEDIAN _ 1 41i1 . PERIMETER ROAD Exhibit IRlb Attachment 2 q ROADWAY q R.O.W. I- 100' PROPOSED R.O.W. I 24' TO 36' & VARIABLE 'r. 8' & VARIABLE 12' 12' I 12' 8' & VARIABLE _ (SHOULDER)4• TURN LANE 4' (SHOULDER) I OR MEDIAN 5' 1' I 1/4"/FT I 1/4"/FT _. r L 4% 4% I\ `` "'".. Exhibit IRib Attachment 3 PERIMETER ROAD 100' PROPOSED R.O.W. 64' B-B 11 I 60' 12' 12' 12' 12' 12' 5' { 1' TURN LANE OR �_ PAVED MEDIAN 2X 1/4"/FT 1/4"/FT 2X [ kg - - .-g,-....,--..;!....,..-4:!...:::,.•.10%?.&ii!ii.iT-rfj;%!?%•W.V.-in,,,,,-....- ... . .. si 1 ( 0 , O O 0 O m 0 10 PROPOSED TYPICAL PAVEMENT CROSS SECTION URBAN - FOUR LANE W/ MEDIAN N.T.S. I I60' - 66' EXIST. R.O.W. - VARIABLE 4' &" VARIABLE 21' & VARIABLE 4' & VARIAB,..E 1 (SIOULDERb I (SHOULDER) 1/2"/FT 3/16-/FT I 3/16"/FT 1/2"/F7 VARIABLE VARIABLE_— I} VARIABLE VARIABLE r I 3 1 3 I I I EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND 01 EXISTING BITUMINOUS CONCRETE SURFACE SUB-BASE GRANULAR MATERIAL, TYPE B 12" (CA-6, CRUSHED) 02 EXISTING BASE MATERIAL ® P.C.C. SIDEWALK, 5" 03 EXISTING AGGREGATE SHOULDER 09 COMBINATION CONCRETE CURB & GUTTER, B-6.18 0 BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION MIX "D", N70, 1 1/2" 11 TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET 05 BITUMINOUS MATERIALS (PRIME COAT) © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, IL-19, N70, 7 1/2" COPYRIGHT©2003 ENGINEERING ENTERPRISES. INC. cen.=.\soscveaAroamwwcv.oaxiso. Engineering Enterprises, Inc. UNITED CITY OF YORKVILLE - GRANDE RESERVE PERIMETER ROADS TYPICAL URBAN CROSS SECTION DATE JUNE 2003 Consulting Engineers Kendall County, Illinois 52 Wheeler Road - PROD. NO. 021504 UNITED CITY OF YORKVILLE FULL RECONSTRUCTION FILE NO. Y0021504 -- - - Sugar Grove, Illinois 60554 630/466-9350 NO. DATE REVISIONS KENDALL COUNTY, ILLINOIS FOUR-LANE WITH MEDIAN • • 0 70' R.O.W. 1... 10' j �+ U.E. ..r U.E. .E :1' 18' 34' B-B 18'—5' 12' 2% Tf TYP. lg.\ COMB. CC&G ci ce B6.12 (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 4-1/2" BITUMINOUS CONCRETE BINDER COURSE 5' SIDEWALK (TYP) 12" AGGREGATE BASE COURSE PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. RESIDENTIAL STREET CROSS SECTION (70' ROW) (WITH 34' BC-BC) WIDTH AS REQUIRED TO INCLUDE TRAIL/SIDEWALK 10' ,,L� 70' R.O.W. e�-r U.E. ill I.. U.E. 40' 30' a I 39' B-B 10.5' _ 20.5' _ 14.5' Ow/ 1', 5' 14.5' (MINIMUM PARKWAY) 2%% TYP. 2% TYP. l— w 1 I— U Q z w N Air v < Z BIKE TRAIL OR Q w -) COMB. CC&G a o SIDEWALK a 86.12 (TYP) 3Y 9 oa � O Qo_ . t- 5' SIDEWALK (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 4-1/2" BITUMINOUS CONCRETE BINDER COURSE 12" AGGREGATE BASE COURSE PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. RESIDENTIAL STREET CROSS SECTION (70' ROW) (WITH 39' BC-BC) COWHEY EXHIBIT N0. IR-3 PROJECT NO. 2807.00 GUDMUNDSON RESIDENTIAL STREET CROSS SECTIONS DATE 7/02/03 LEDER , LTD . 300 PARK BOULEVARD GRANDE RESERVE SCALE N.T.S. ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS Judy 03, 2003 9:15:11 o.m. ACodVer.15.06 CHECKED BY : DAT (630) 250-9595 browing: F:\GADO\2807.00\312\EXHIBITS\28015:11 T_SECTS.0 (224) Exhibit IW-3 • Recovery Area for Water Improvements: System Oversizing and Route 34 Water Main Extension BRISTOL WPAEFTTOSWEGO . T.37N .-R.7E. O v , ("MIS a I1USi, '+ v neeie 5 g 9 ' m v m-T st No.583 ,,„., .„,, - 51 145 67 y 129.87 114.3 49.93 , Isenstein- West Subur J Y r wiii 91.84 ' 136.82 Parkes., Bk.&Tc`� f ' L'" ': Tr ZBk., m Pasquinelli, ban Bk.,Tr ,1 C> Merchants :o.f. 12176 --- .3,`"5, n Nelson U Co., Tr. o. 13081 Ma�Ti.No.as74 'N L.L.C. m d and C..Ga a National Bank 40 . o,, l Francis '' 75 u+l�' Mtmz 32.7 1Y < (2$1F} Trust No 283 Gerald �� &Be t 'men :n Natl. m Steinbrecher, ► <��� Na 90. ttY one& r. 37.02:_ ® w Rider a �� (123.12) Tn BetTnet nk 8 ust.Tr Trust c - =tat 106.9. rt C. 99 aures 8 & Carolyn ►" F' - 000,___...0.111. ' ek y Nio 1 :59-04 87 62 m �/� IL. (94.31)-Joan McArthur Herren , R.�� 1 q 77.74 Wes IMO 121.91 60 87 Trust ����{����us ;� atallcali'716J y K•) •ubu ban 1Danis/ r �. Josephine (A Hk Tr. (co 9 "'♦� 'I c pft�!Ak +r t G.N.C. `m • 84,24' • B mGavin A Herren Trust 510957 g ri At1CtJs�t$ m Butler 54.21�a0r+�a' scan u�m 78tTi8{�t f7 t1 r _E+. &Zepelak ; z s !" • mCh1cA9° e a 9A G`N. f 341.15 •0, c Corn Ed Y 000,4 '., 119.3regias t UAKB 14 § � . �T 11 Rob t& ..a_..,„ 0. t• .;'_s $ ®rn ' 3 18 A1tt a. . .Assoc,- L it ..+m .ales, John .„ .. Y °�a � �G 1p5.11 ale 536.06 Q O 40. 1lltAtd 72 $_, 9� Konicek, ruVEn T '- -3.,rt g o etal tefon w 62.98 .��� WOODS �y • g • o '�. 1 4t,.111v5 ? 1r .t' ��. �s 7b . . _Jr: in 41.7.. Gail C.Fisher,etal `•Jiu iii t o _ .,y ,5- - ��c. li, _ y��' `'' y . .'API.:".. �"7° .1DE lu Firstar Bank 0 12 163.94 se q_ 'Cil, '1t �z , so. o. 6 •® Ro ..s lllinois Trust 5 Ro �,a,�cc ( Richard f No.9498 irst© Qr'�.`, 'TRACTS ` et. .Therde‘,,f �' ,{� ,:_.:v[7.1,01"11.':,..--,11.'"W.:."--oakBank Brous 191.3 olonral L. v '` •Or- '.1.-....a � � ,Trust o qk rust Co ria larence + No.2607 ¢e,„0 � _ _ 1: 53 72) Hoick ` ''• t+0 63.3 \y'00 . 63 98 a fifEXtl3 ri4 / -� &ueLaSalle d poRp{d;,l,$ .' , ? ��Parkhurs F..„ National Bank, C ., 8 � tpl .,-„,r '' pati Famil x o Trust No.47016 F° � " 8 6 -188.9' E it" r : 0., �� 1 CO,, Fitftttfht8 J w N8+131rf#?tt { �/ 89. wv 203.31 `141$$ ,<;<at• , t ' •711aliallininirrinditey7etal z insi j+ Daniel L. -',1.7-:.,: ; :\- ti" 1 &Carof . �0� Q• f ��y� Goodwin s �o Q . 59.43 #14 Q T ® .4[`% , . m c,,n ", i ©' 175.23 21 28 3 k 31 0 , m v UO . •`owr z Br I : m h, `+ 104.84 �jpp , o YN 24 ,. co`•G� Com .Nat'l Bk. Tr m tn m c 0) <G, c - Ri m S1A 0' N � N � � 5.7,6.c? �;'1'Orkvrlb6r CrC+RVIb m o 2 m gdi 4 o.. 1'+Z-, fe d5 No 910746 irray 'd O ti p >—N V: SCh Q/- -�- ix', P R K _,,,,H, 9/ j N LY \ OAK CREEK-: , >.. - . :_ ,,..„ v G.. y . FA„,, r1g '�j�, , ,1 . ):1.r.,,,, I old �IR�� RD 'gJYi. f 5 S R -3 -' ,. s's COLON1t Old 2n u9 _, : Exhibit IW-4 • Recapture Area for Galena Water Main Extension BRISTOL PART WESTOSWEGO T.37N.-R.7E. KANE COUNTY ,"' ufh J. rrtar rvauonat o: �� co S \.w.l Can v; Run e Trust485.30 ti ✓ m Bank in Chica . Old 2nd Nation- `O ;,,,_ -M Z '�o f` 45. Donald E. 9 m F-f c 44.92 B B3 Schramm Is.Trust al Bank Trust Hain „is? t-^-'-'' & 102.62 No.5640 98.03 Na 4828 1 v at} b m _ s.cmita. DI onicek -ZomEd --- -__ Y �a (�A _ >a �~ 5 7 a Schultz 16 171.23 `.< m a',a 158.18 D h T t.� l Y! �- ip iy 5 83.03 m l LaSalle Q n o • ,, 5 National __ - Vic' Richard& ! �v �_2 Ci-32) fF• r- v .t !• w to Donald Trust. o`m r` ^ Ralph T Y or f? Trust Na Harold& ?cfNq 9 Brummel 120.33 a a ,,-, Russell Trust Gr A. ® o c , 1 16833 Ella Mae k O o Rosenwinkel 99.53 45 tiU 10# � ta k 136.72 alen. Richard&Anita yonn- �s c 317.61 I Yorkville, CrCr -1 i . �j L �'a 0. Dickson Trust �-, © L.LC 160 36.46 1,- 20 UW ' _iI 7 �93� q` ' 64.1frp 7c M.A, �5 �,,,•. Am-rican 46.18 „low JT N 12 ® "r� 1� Ella May Family gR00K 'f2 D ., .`c h °a �. 1• 309: Aurora RO enwi el National zank -tdp r -r . ` W m o "8 row Q m i■ Nita Blacktop,Inc ` rust N. f- d $ ' m ti ] E w 70.. YQ `V��"�' 1r '`a 11996 *2 Horner G. y y m z Gravel Q. 7 4d2 ef 1 451 t • m t ban Bk., Tr. C''''''4 36 . ' 'arkw.; Bik Tr Nan B m Pas uinellr, q est N .s q No. 12176 1 7 Lisd°a t1r1E1esSer Co• r o 3081 a Tr No a.�=t LLC. . National Ban x.7Gaty (281.57) 'Trust No.2830 41 c��rate ° m75_ .uta'', \ Marryue Be ett ' �e1 37.02: W Rider Steinbrecher, (123.12) Nstonn m c nk& ust Tc Tr tc tal creche ' Trust Nc James B.& Carolyn ►. m F 4#.4'./- _ - T M `� Ft (94.31) Joan McArthur Herren �tdk Fsus ��No,l :59 04 7 7 -"Mg.... r _ 60.87 Trust 8�f �.'f�l4n + �IIiL� -1111,....�. 16.-;•�� K') 1 Wes - 7 `',.' .uD�rban r , c h Dan,et •,• Josepine 8k.Tr a� ■ ---.111111111111:4-M94.24 © m N x A d C.N.0 m �SVti Gavrn Herren Trust, M� t ut0957 pt ej 4,km.- _.Mfiehael& V) 22 Butler _Herren _ 06,'gncon .• } c mvc _ wT8i»lrleCa Rosen C.N.C. &Zepe/ak .; mChica90 61. 341.15 0 c-c- t • - n)9 ci ga. o BLACK- 89 c r.� m 100,$ ` 119.38 4i'-':...-r » agar Y a Ro6�1& >� .. � --�::t c Bk - - 14 o ,-T1 t O , .0. r 1 m co -Assoa '3 u Althe� Q I { jtiC-• ` ®m a L.LG Joha ton ", I r�••3; 111.02 'it1e&� s k QP 4 N , c, ..LI.0 _an ug 63.3 63.E , , r it. : VILL ' ' m ' SuB,� 105.0 Dale s� 06 S. Robert , O 4�2 9.N' ©llfto William -1 t" o^ Konicek, a :MTAs :tIligsillik_. u /damn - ,q~ ' Dns Wrigley, �l 43 32 �� �� alai62.9@ T ���� ci ma w 134.74 4.i, Jr. rn A� � SUB SUB ill , ©��► 5&146 Q moo, ^: . 41.72 Gail C.Fisher,eta! 574. *�f® f ids .51 GSN.N W V�p , '. 7HS :,{ i ,.,. ,,,,,EH6tUE ACRE-. Sank ,D n y �'-z-(9,.''),, ,P N . �t y• e�is 12. 163.94 - +_...• Gffi: 1 t 8- i, W 9\,P co •® , .A'•: • .:ENS rust 5 I �c r 3UpismALL" - ' ''ichard 'o ''i c? -'1,.;.:6. a, � sue 25 rrst TMCT8 era/► .Theldel °, NJ ,4;� Oak Brook s 311 irSt l 21 , 282 , rp, .C' a Bank,Trust , /,S1 � _ rust Co. n q larence /NN / fir- l• No.2607 e ��e o� � w+` 53 72) Holdt %146.34 "0 f r 633 e� X6.58 r 63 98 1113 / /`V r�/ ti 0 P c5 i man Menarda f e got!' sus n L ait olna/Bank. CoOpet '�a 2 Inc. DOnafdJ& ♦ Al ry• • 37.15 �. Parkhurst'' 7 ust No,47016 -Homo He (188-14) Cam15- a (171.33) .?J . a v Family A Furni�Nngs r w. 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I .ii:uw , _ rs�= _...�■ 7i i ■■■■■■ ■. ■■ ■■ -Imomom mmip� 1I__ _ , I■ u■i p I I I ®® _ i - �r _ ■® ■N ps ®� ® �■ ■:,..e.:* .1,-:,...-*.,....*>,-:,."- Fili ill= , .__. II.Ill .o p 1111 I. i___ ........ '-. r.--^ A�_r`-w- '... < -.:..: - -' _. f`Ee. �-•i � ...: .:'._ _: _ �� idsisi w��EiYI �Te 3Ta fr�i:7 FJ, - ...�■® (I _1 ----"mmmmaTri os Illi git ._ ■■■■■I� or im NW ""' -'.'" 1 E,',„ .g----,t,' II ., '.---'--- ,..--.;,..,_ ...„ . i, . .:_,, ME_ ■® ■■ ■■ �q 3 � � 49t 6, v./. •as '_.:: t ?1i J _.,.,. _It- , -.® �<.t'�' a �Q -S.._, ^'s.,.- C;' ■i� = - _. a._'- - _ . ...- . ._.,:•. _ .�> :• ;- rte.._., :.vs• ';�.. I - :. �af✓,e ._ . = ...mi.- -, �, -ate: EAST ELEVATION N.T.S DRAFT-NOT FOR CONSTRUCTION Architect: PC 2003-06 SE1�iIUR APTS. William Worn Architects, P.C. Owner. Rezone New Directions Housing Corp. Senior Ap rtm e nts New Directions xousing 401 W. Superio , #3F Highland Avenue 7/22/03 Chicago, IL 60610 Suite 300 Yorkville, IL COW: 7/15/03 CC: © COPYRIGHT WILLIAM WORN ARCHITECTS, P.C.2003 Lombard, IL 60148 July 11, 2003 DRAFT 5/14/03 UNITED CITY OF YORKVILLE Engineering Assistant JOB DESCRIPTION Department: Engineering Reports To: City Engineer Status: Full-time Position Description Overview: This individual will be responsible for invoicing and maintaining project developer accounts for Engineering Department Staff hours, Attorney, Land Planner, and all other outside contracted firms' fees,with monthly summary reports to Finance Director and City Administrator. This position also consists of logging.Engineering Staff timesheets, project fees and phase tracking, assigning commercial and residential addresses, miscellaneous Auto Cad mapping, and preparation of IDOT Bid Tabulation forms. Essential Job Functions: 1. Create Project Development Administration and Deposit Account ledgers; update and maintain accurately. 2. Generate Project Development invoices for Engineering Staff hours, Attorney and Land Planner's fees, Public Works, as well as contracted Engineering Firms, Building Department, and all other outside firms' fees subject to City reimbursement. 3. Establish monthly summary worksheets of fees collected,past due accounts, developer account balances, and project phase tracking. Submit monthly to Finance Director and City Administrator for Mayoral/Council review. 4. Calculate and log Engineering Staff timesheets using Microsoft Excel Spreadsheets. 5. Assign addresses for residential and commercial Developments in accordance with City Grid Map; distribute notification with maps to pertinent staff and agencies. Occasional on-site inspection as necessary to complete. 6. Print Auto Cad maps for front desk sales, design address maps, execute Metes and Bounds descriptions, location areas, and other functions as requested by Engineer. 7. Prepare IDOT Bid Tabulation forms, City project bid packets, bid holder lists, and attend and record vital statistics at City bid openings. 8. Various other duties and responsibilities as directed by the Engineer, Administrator, and Finance Director. DRAFT 5/14/03 Position Requirements—Knowledge, Skills, and Abilities: 1. Demonstrate ability to successfully utilize Microsoft Excel spreadsheets, and Microsoft Word programs. Demonstrate basic knowledge of AutoCAD software sufficient to print documents and create simple line drawings. 2. Ability to operate a variety of office equipment, including but not limited to computer, typewriter, copier, fax, scanner, and calculator, with minimal supervision. 3. Display professionalism and maintain strict confidentiality. 4. Exhibit mathematical and analytical qualities. 5. Possess proficient customer service skills. Minimum and Preferred Experience and Education: 1. Any approved equivalent combination of experience and education that provides the required knowledge, skills, and abilities to perform job duties as stated. 2. Willingness to attend training classes to increase knowledge of job-related skills and responsibilities. 3. High School diploma or G.E.D.;Associates Degree preferred, with special emphasis on Engineering/Technical Fields, Data Management. 4. Possession of valid Illinois Driver's License and Insurance. 5. Must successfully complete a background investigation with findings of good character, and having no felony convictions. The duties listed above are intended only as an illustration of the various types of tasks that may be required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee, and is subject to modification by the employer as the needs of the employer and/or agency change, or requirements of the position change. Revised 5/13/03 UNITED CITY OF YORKVILLE City Engineer JOB DESCRIPTION Department: Engineering Reports To: City Administrator Status: Exempt—Salaried Positions Supervised: Engineering Technicians/Administrative Support Positions Description Overview This position acts as administrative professional employee that directly reports to the City Administrator. This individual will be responsible for coordinating all engineering projects and overseeing the daily operations of the Engineering Department. Furthermore, coordinate public improvement projects with respective departments. Oversee all private developments, either through review or supervision of outside consultants, to ensure Federal, State and Local compliance of engineering standards. Essential Job Functions 1. Review developer's plans and specifications, prepares proper correspondence addressing engineering standards and respond to any neglected requirement items or areas. 2. Develop plans and specifications for city projects, MFT projects, and all city related public infrastructure projects, including layout and staking. 3. Prepares reports and technical studies as directed by City Administrator. 4. Respond to citizen complaints and concerns relating to drainage, water, sewer, platting and streets. 5. Create and maintain five (5) year capital plans and budgets. 6. Manage and evaluates the technical personnel and administrative support personnel. 7. Attends City Public Works Committee and Plan Council Meetings. 8. Provides technical support as requested for City Departments. 9. Oversees and reviews financial instruments as required for public and private infrastructure projects and recommends reductions and acceptance. 10. Provide oversight for projects involving consulting services. jdescsreng Revised 5/13/03 11. Coordinate projects involving other governmental agencies. 12. Performs other duties and responsibilities as directed by the City Administrator. Requirements - Knowledge, Skills and Abilities 1. Ability to utilize Auto CAD and Microsoft Excel Spreadsheet and Word. 2. Ability to interpret engineering and surveying documents. 3. Ability to use surveying equipment and other tools. 4. Ability to work at heights greater than ten(10) feet, walking over rough, able to lift 30 lbs, uneven terrain and working out of doors year round in a variety of weather conditions with exposure to the elements. 5. Ability to remain in a standing or sitting position for extended periods of time. 6. Knowledgeable of federal, state, and local regulations pertaining to public and private infrastructure, such as; safe drinking water, storm water management, roads/transportation, environmental/conservation, and sanitary sewer. 7. Ability to communicate effectively both orally and in writing. 8. Must have the ability to communicate with fellow employees through good people skills and process good sound management skills to be able to supervise employees. Minimum and Preferred Experience and Education 1. Graduation from an ABET—accredited college with a Bachelor of Science degree in Civil Engineering. 2. A current valid registration as a Professional Engineer in the State of Illinois. 3. Valid Illinois driver's license. 4. Must be willing to attend training classes to increase knowledge of job related responsibilities. 5. Any approved equivalent combination of experience and education that provides the required knowledge, skills and abilities. 6. Must have successfully completed a background investigation with findings of good character and no felony convictions. jdescsreng Revised 5/13/03 The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. jdescsreng CI)» United City of Yorkville Memorandum 800 Game Farm Road ---:•:------------- Yorkville, Illinois, 60560 `` ` Telephone: 630-553-4350 Fax: 630-553-7500 Date: July 10, 2003 To: City Council From: Tony Graff, City Administrator RE: Emergency Check Signer As discussed in the June 12 Administration Meeting, the City feels that an Emergency Payroll Check Signer is needed. It was agreed that the City Administrator or Finance Director may sign a payroll check in place of ONE alderman, all of which is contingent upon verbal notification and approval of the Mayor. For the emergency check to be valid, the other signature on the check must be an alderman. rci, ,_ 1 . United City of Yorkville Memorandum QI 1k, EST.ei .....:„..:(; 183G 800 Game Farm Road --,� _ Yorkville, Illinois, 60560 '' 1 i -"". V. Telephone: 630-553-4350 4 Fax: 630-553-7575 Date: July 10, 2003 To: City Council From: Tony Graff, City Administrator Traci Pleckham, Finance Director Re: Furniture Specs - Request for Proposal Update As discussed in the June 12 Administration Committee meeting, staff has been working with Dave O'Kelley of Rakow's Furniture on furniture specs for the City Hall build out. After receiving a recommended furniture plan from Dave, the staff has been reworking the plan to focus on eliminating pieces, as well as upgrading or downgrading the models to maximize utility and fiscal efficiency. At this point, we have only the official list prices of all the pieces, but based on verbal conservative estimates, we can expect the prices to fall within the $60,000-$80,000 range. This wide range is a result of the different unit prices that proposals may solicit, as well as future additions and subtractions from the total amount of furniture needed. Based upon discussion at the June 12 Administration Committee meeting, this estimate falls within the range that was proposed within the Williams build out estimate for equipment and furniture. Recommendation Staff is recommending an RFP to purchase necessary furniture for the City Hall build out. Upon Council approval, a formal RFP would be placed in the Kendall County Record. This proposal will indicate that specs are available at City Hall for all interested parties. The specs at City Hall will indicate the model number, and quantity desired or each specific piece. This is done for two reasons: 1) to eliminate the undesirable task of researching several different brands of furniture and comparing cost to quality ratios among them AND 2) to ensure that the City receives every piece of furniture desired with maximum staff input. Staff will review the bid and recommend purchase to the COW meeting on August 1. h1and Real Estate Development Corporatf. 2901 Butterfield Road Gak Brook, Illinois 60523 630-218-8000 A 15. 0 r LLJ LLJ LLJ LU LLJ LIJ F-7 Q) Q Q) Q) U < CD rf) CD CQ CD �m=I I , j 1, -- — LLJ U—j LU LU LLJ ag- CAW.. C� C) C) C� r R/ (V (V 7"c > I", sto IS U-j lu U-j LU LU 13. 3 13. 3' �n- �tyi un n un 3` 0' f RONT YARD 5ET15ACK LINE -7 i6il 0 --z i ze I 's -W 1 0.- "wrlz Mg I M-St IN. F 9 9.4 1 0,11. IT _qi D GN ESI .:BY WILLIAM RYAN HOMES MEMO S HEET 1 OF 1 10 AINE 2, 200J N I A s ST DRAWNG NUMBER.- 1128-ELEV CALEDO UBDIVI REETSCAPE ELEVATION C6PYR1G'HT@ 2002, BY- LAND WSION INC. 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