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City Council Packet 2005 03-22-05
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United City of Yorkville 6 .r County Seat of Kendall County S `°,'- 800 Game Farm Road EST. x1836 Yorkville, Illinois, 60560 ,� Telephone: 630-553-4350 O ��' --i p Fax: 630-553-7575 �1- "---” Website: www.yorkville.il.us AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Special Committee of the Whole Meeting Revised 3/21/05 Tuesday, March 22, 2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, March 28, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, April 21, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, April 7, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, April 14, 2005 City Hall Conference Room City Council Meeting Agenda March 22, 2005 - --- ---- ------------------------- ---------- ----------------- Pae 2 Public Hearings: 1. Aspen Ridge Estates, LLC, petitioner, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 125.874 acres at 12024 Fox Road, Kendall Township, Kendall County, Illinois. 2. S & K Development, petitioner, request for an Amendment to the Annexation and Planned Unit Development Agreement to subdivide Lot 4 in the Prairie Garden Subdivision. The real property consists of 2.56 acres at 202 Garden Street, Yorkville, Illinois. 3. Don and Carol Hamman and Five H, LLC, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville M-2 General Manufacturing District and for all Special Uses permitted in the M-2 District subject to site plan approval and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 326.785 acres from Eldamain to Corneils to Beecher to Faxon Road, Kendall Township, Kendall County, Illinois. 4. Arthur Meinzer/CCM Marketing, Inc. and Ronald Moyers and Sang Chu, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately five acres at 9211 W. Route 126, Kendall Township, Kendall County, Illinois. Citizen Comments: Presentations: None Consent Agenda 1. Water Department Report for November 2004 2. 2004 Sidewalk Replacement Program- 103 W. Center Street -authorize reimbursement in an amount not to exceed$900.00 3. Request for Approval to use "John Robert Ament" as a Historical Street Name 4. Well 8 & 9 Treatment Facility - Change Order#2 - authorize increase in an amount not to exceed $7,242.81, authorize an additional 157 calendar days to the contract completion date and authorize Mayor to execute 5. Game Farm Road Improvements-Land Surveying Services - authorize increase in an amount not to exceed $574.40 for additional land surveying services for the Game Farm Road project and authorize City Engineer to execute 6. Fox Hill East Park-Ball Field Installation - authorize installation of a permanent field at Fox Hill East Park in an amount not to exceed$13,000.00, with an approximate donation of$6,000.00 from the Yorkville Youth Baseball/Softball Association 7. EEI Scope of Service for Fox Road - Southwest Area Transportation Study - authorize Mayor and City Clerk to execute, subject to receipt of developer funds 8. In-Town Road Program Drainage Contract Construction Inspection -authorize contract with Smith Engineering Consultants, Inc.for construction observation/staking services for the 2005 in-town drainage improvement program in an amount not to exceed$67,264.50 and authorize City Engineer to execute City Council Meeting Agenda March 22, 2005 Page 3 Plan Commission/ Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council— None Minutes of Special City Council— January 29, 2005 Minutes of Committee of the Whole— February 17, 2004 and February 1, 2005 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,021,722.31 (vendors) $ 159,876.33 (payroll period ending 3/05/05) $ 1,181,598.64(total) Reports: Mayor's Report: 1. Deuchler Easement Documents for Rob Roy Creek Interceptor Contract#3 2. Swearing-in of Dave Delaney as Sergeant Attorney's Report: 1. Bruell Street Pump Station, Sanitary Sewer Main, Acquisition of Easement City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks &Recreation Report: Community&Liaison Report: City Council Meeting Agenda March 22, 2005 Page 4 Committee Reports: Public Works Committee Report: 1. Park Naming Request for the MPI Regional Park 2. Countryside Pump Station—Results of Bid Opening 3. IDOT Letter of Understanding with City for Grande Reserve Rt. 34 Improvements 4. Grande Reserve Aquatic Center—Plat of Vacation 5. In Town Road Program—IDNR Storm Sewer Easement 6. Resolution Approving Increases in Hourly Rates and Expenses for Engineering Enterprises, Inc. 7. IDOT Highway Driveway Cut for Nelson Funeral Home 8. Results of Street Sweeper Bid 9. Adjustment to New Dump Truck Purchases Economic Development Committee Report: 1. No Report Public Safety Committee Report: 1. No Report Administration Committee Report: 1. RFQ Policy 2. Dental/Vision/HSA Contracts 3. In Town Road Program Bond 4. MFT Obligation Retirement Resolution for Fox Industrial Park Bond Additional Business: Executive Session: 1. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: City Council Meeting Agenda March 22, 2005 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004 —2005 PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderwoman Burd ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderwoman Spears Plan Commission Committee: Alderman Munns Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY` Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Committee: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderman Kot Personnel Cable Consortium Committee: Alderman Besco AD-HOC: TECHNOLOGY! Committee Chairman: Alderman Munns Committee: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare 44. P- «.blie, -r ctr,r1J DRAFT-FOR DISCUSSION PURPOSES 1 STATE OF ILLINOIS ) 2 ) SS 3 COUNTY OF KENDALL ) 4 5 ANNEXATION AGREEMENT OF ASPEN RIDGE ESTATES 6 This Annexation Agreement (hereinafter "Agreement"),s is made and entered into this 7 day of , 2005, by and between the UNITED CITY OF YORKVILLE, a 8 municipal corporation, hereinafter referred to as"CITY", and the owner of record of the subject 9 property,ASPEN RIDGE ESTATES,L.L.C.,hereinafter referred to as"OWNER." 10 WITNESSETH 11 WHEREAS, OWNER owns fee simple title to the real property which is legally 12 described in Exhibit "A" attached hereto, consisting of approximately 125 acres, more or less 13 (hereinafter the "PROPERTY"); and 14 WHEREAS, it is the desire of OWNER to provide for the annexation of the PROPERTY 15 and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and 16 the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will 17 be granted at that time as an R-2 Single Family Residence District; and 18 WHEREAS, it is the desire of the CITY to annex the PROPERTY and to grant zoning 19 and facilitate its development pursuant to the terms and conditions of this Agreement and the 20 Ordinances of the CITY; and 21 WHEREAS, OWNER and CITY has or will perform and execute all acts required by law 22 to effectuate such annexation; and 23 WHEREAS, it is the intent of OWNER to design a stormwater management system for 24 the PROPERTY that is in conformance with City Ordinances;and -1- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to 2 the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable 3 provisions of the Illinois Compiled Statutes; and, 4 WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public 5 hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as 6 required by the provisions of the Illinois Compiled Statues; and 7 WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly 8 held all public hearings relating to annexation and zoning all as required by the provisions of the 9 CITY'S Ordinances and Illinois Compiled Statutes; and 10 WHEREAS, the OWNER and CITY agree that upon annexation to the CITY the 11 PROPERTY shall be placed in a R-2 Single Family Residence District; and 12 WHEREAS, in reliance upon the development of the PROPERTY in the manner 13 proposed, OWNER and the CITY have agreed to execute and deliver all petitions, give all 14 notices, and enact all such resolutions and ordinances and provide and record all other 15 documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and 16 WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 17 ILCS 5/11-15.1-1 through 15.1-5, inclusive, relating to Annexation Agreements, the parties 18 hereto wish to enter into a binding agreement to govern the annexation, zoning, subdivision and 19 development of the PROPERTY, and the performance of certain undertakings which are 20 contingent upon said annexation, zoning and subdivision and to provide for various other matters 21 related to the annexation of the PROPERTY in the future, as authorized by, the provisions of 22 said statutes; and -2- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 WHEREAS, pursuant to due notice and publication in the manner provided by law, a 2 proposed agreement, in substance and form the same as this Agreement, was submitted to the 3 Corporate Authorities for public hearing and a public hearing as held thereon; and 4 WHEREAS, the Corporate Authorities, after due and careful review, have concluded that 5 the annexation of the Property to the CITY and the zoning and development of the PROPERTY 6 on the terms and conditions hereinafter set forth will(i) further the planned growth of the CITY; 7 (ii) increase the tax base of the property lying within the City; and (iii) generally benefit the 8 CITY and enhance and promote the general welfare of the CITY; 9 WHEREAS, by a two-thirds (2/3) vote of the Corporate Authorities then holding office, 10 the CITY has duly adopted an ordinance approving the terms and provisions of this Agreement 11 (the "Approving Ordinance") and authorizing and directing the Mayor to execute and the City 12 Clerk to attest to this Agreement on behalf of the City; and 13 WHEREAS, each of the parties is materially changing its respective position in reliance 14 upon the execution of this Agreement by the other parties and the performance by the other 15 parties of their respective undertakings contained herein. 16 NOW, THEREFORE, in consideration of the foregoing preambles and the mutual 17 covenants, agreements and conditions herein contained, and by authority of and in accordance 18 with the aforesaid statutes of the State of Illinois, the parties agree as follows: 19 I. ANNEXATION. 20 OWNER has or will file with the Clerk of the CITY a duly and properly executed petition 21 pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the 22 PROPERTY and any adjacent roadways not previously annexed to the City of Yorkville. The 23 CITY agrees to adopt any necessary ordinances to provide for the annexation of the PROPERTY 24 as soon as reasonably practical (the "Annexation Ordinance"). The Annexation Ordinance -3- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 shall be adopted and approved prior to the Property being contiguous to the corporate boundaries 2 of the CITY, and shall recite that it shall not be effective and the CITY shall have no obligation 3 to record the Annexation Ordinance and plat of annexation unless and until the PROPERTY is 4 contiguous to the corporate boundaries of the CITY, where "contiguity" shall be determined by 5 the legal standards for annexation in under Illinois law. As soon as the PROPERTY becomes 6 contiguous to the corporate boundaries of the CITY the CITY shall promptly cause the 7 Annexation Ordinance and plat of annexation to be recorded in the office of the Recorder of 8 Kendall County. 9 II. ZONING. 10 A. Immediately after adoption of the Annexation Ordinance, and at the same meeting 11 and in accordance with the United City of Yorkville Zoning Ordinance, the Corporate 12 Authorities shall adopt an ordinance (the "Zoning Map Amendment Ordinance") which shall 13 rezone the Property from the R-1 Single Family Residence District to the R-2 Single Family 14 Residence immediately upon the annexation of the PROPERTY. 15 B. The R-2 zoning district classification granted by virtue of this Agreement and the 16 Zoning Map Amendment Ordinance shall survive the expiration of the Term of this Agreement. 17 The CITY may amend the zoning district regulations of the Zoning Ordinance at any time in 18 accordance with the procedures of State law and City ordinances; however, no such amendment 19 shall preclude the development of the Property in accordance with this Agreement. 20 C. Should the CITY fail to annex or rezone the PROPERTY in accordance with this 21 Agreement, the PROPERTY shall be deemed automatically disconnected from the CITY and 22 without further action, this Agreement shall be deemed null and void, and the parties to this 23 Agreement shall have no duties or obligations to the other. -4- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 III. DEVELOPMENT OF THE PROPERTY 2 A. Approval of Preliminary Plat of Subdivision and Preliminary Engineering Plans. 3 Immediately after adoption of the Zoning Map Amendment Ordinance, and at the same meeting, 4 the Corporate Authorities shall adopt an ordinance or resolution approving the preliminary 5 engineering plans and preliminary subdivision plat and landscape plan (the "Preliminary 6 Plans") attached hereto and made a part hereof as follows: 7 1. Preliminary Plat ( 3 sheets), prepared by Smith Engineering Consultants, 8 Inc., dated January 24, 2005, as last revised , 2005 ("Exhibit C"); 9 2. Preliminary Engineering Plan(3 sheets),prepared by Smith Engineering 10 Consultants, Inc., dated January 24, 2005, as last revised , 2005 11 ("Exhibit B"); 12 3. Landscape Plan(3 sheets), prepared by Ives/Ryan Group, dated January 13 24, 2005, as last revised , 2005 ("Exhibit D"). 14 B. General Rights and Obligations. The Owner shall have the right to develop 15 the PROPERTY in accordance with, and only in accordance with (i) fmal plats of subdivision 16 and fmal engineering plans that have been approved by the CITY in accordance with this 17 Agreement and the City Code; (ii)this Agreement; (iii) the Zoning Map Amendment Ordinance; 18 (iv) the Preliminary Plans; and (v) any other document relative to the development of the 19 PROPERTY that is approved by the CITY (collectively, the "Approved Documents"). In the 20 event of a conflict between the Approved Documents and the City Code, the Approved 21 Documents shall control. 22 C. Phasing of Development. The Owner may fmal plat and fmal engineer the 23 Property in phases ("Phases"). For each Phase, the Owner shall apply for final subdivision 24 approvals. When developing a Phase, the Owners shall be required to install or construct only 25 those Land Improvements (as defined in the CITY's Subdivision Control Ordinance) that are -5- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 necessary to serve the Phase, as may be determined by the CITY and City Engineer in approving 2 a final plat and fmal engineering plans for such Phase. Preliminary plats and plans shall be 3 effective for a period of twelve (12) months from the date of approval by the CITY. Approved 4 preliminary plats and plans shall remain in effect for a period of thirty six (36) months after the 5 approval by the CITY of a fmal plat of a first Phase of development, notwithstanding anything in 6 Section 5.02.05 of the Subdivision Control Ordinance to the contrary. 7 W. ANNEXATION TO SANITARY DISTRICT. 8 A. OWNER agrees to file any necessary petitions and agreements to request 9 annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary 10 District ("Yorkville-Bristol" or "YBSD") for the purpose of extending and connecting to the 11 sanitary sewer lines and treatment facilities of Yorkville-Bristol. The CITY shall fully cooperate 12 with OWNER in obtaining such permits as may be required from time to time by both federal 13 and state law, including, without limitation, the Illinois Environmental Protection Act, permitting 14 the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in 15 order to facilitate the development and use of each Phase of development of the PROPERTY. 16 V. SANITARY SEWER AND WATER IMPROVEMENTS 17 A. Owner's Obligation. At its cost, OWNER shall construct all on-site sanitary 18 sewer collection lines and all other improvements that are necessary or desirable for the 19 collection of sanitary sewage generated by the PROPERTY (the "Sewer Improvements") and 20 all water mains, distribution lines, and other improvements that are necessary or desirable for the 21 provision of potable water to the PROPERTY(the "Water Improvements"), in accordance with 22 City Code. -6- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 B. Dedication. Upon completion of construction or installation of the Sewer 2 Improvements and Water Improvements, OWNER shall dedicate to the CITY those portions of 3 the Sewer Improvements and Water Improvements to the CITY that are required to be dedicated 4 in accordance with the City Code (the "Public Sewer and Water Improvements"). The CITY 5 shall promptly accept the dedication upon review and approval of the Public Sewer and Water 6 Improvements and thereafter shall assume responsibility for all maintenance, repair and 7 replacement thereof, in accordance with City Code. 8 C. CITY's Obligation. The CITY hereby represents and warrants that it will take 9 all actions necessary to provide adequate water and sanitary service to the PROPERTY in 10 sufficient capacity to serve the development of the PROPERTY as authorized by this Agreement. 11 VI. STORMWATER IMPROVEMENTS 12 A. Owner's Obligation. At its cost, OWNER shall construct all storm sewers, 13 detentions systems, and compensatory storage facilities that are necessary to convey Stormwater 14 drainage from the PROPERTY in accordance with this Agreement and the Village Code 15 ("Stormwater Improvements"). 16 B. Dedication. All Stormwater Improvements shall be owned and maintained by 17 the OWNER (or an owners' association or similar entity). OWNER shall dedicate a 18 maintenance easement or easements to the CITY allowing the CITY to maintain the Stormwater 19 Improvements if the OWNER (or other owner of such Stormwater Improvements) fails to 20 maintain them. 21 C. City Cooperation. In accordance with the provisions of the subdivision plats 22 and site plans approved by the CITY, the CITY shall cooperate with the OWNER, at no cost to -7- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 the CITY, and execute all applications, permit requests, and other documents necessary or 2 desireable to obtain stormwater approvals from any other governmental agency. 3 VII. DONATIONS AND CONTRIBUTION. 4 A. Impact Fees, Donations and Contributions [***Amount and timing of Impact 5 Fees to be discussed and appropriate provisions to be inserted after further discussions with 6 the CITY***1. Said Transition, Development, and other fees shall be paid per single-family 7 residence concurrent with and prior to the issuance of each respective single-family building 8 permit. Said fees are being paid voluntarily and with the consent of OWNER based upon this 9 contractual agreement voluntarily entered into between the parties after negotiation of this 10 Agreement. OWNER knowingly waives any claim or objection as to amount of the specific fees 11 negotiated herein voluntarily. 12 B. Park Land/Cash Contribution. OWNER shall construct and shall dedicate 13 to the CITY a proposed recreational trail as indicated on the Preliminary Plans. OWNER shall 14 pay to the CITY cash as required by and in accordance with the current Land/Cash Ordinance for 15 OWNER'S park contribution. In calculating the amount due thereunder OWNER shall be 16 entitled to 100% credit of the cash value for the total acreage of the dedicated trail. 17 C. The OWNER shall pay a Fire District Fee of Three Hundred Dollars ($300.00) 18 per home. One half of said fee ($150.00) per unit shall be due and payable for at the time of 19 recording each final plat for a Phase of development. 20 D. The CITY shall not require the OWNER to donate any land or money to the 21 CITY or any other governmental body, except as otherwise expressly provided in this 22 Agreement. -8- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 VIIL HOMEOWNER ASSOCIATION; DORMANT SPECIAL SERVICE AREA 2 A. Any storm water detention and retention facilities, drainage ways in easements, 3 wetlands, landscaping and non-standard pavement areas which are not accepted by the CITY and 4 are not located within building lots, shall be owned and maintained by a homeowners' 5 association. Notwithstanding the foregoing, OWNER shall not object to the establishment of 6 and any amendment to a Special Service Area or areas comprising all of the PROPERTY or any 7 portion thereof as described in this section. The purpose of such Special Service Area or areas 8 shall be for the reconstruction, repair, and maintenance of stormwater detention and retention 9 facilities, drainage ways in easements, wetlands, common open space, subdivision signage, 10 landscaping, non-standard pavement methods, and other common areas of the subdivision, all 11 within the Property, for a perpetual duration with a maximum rate of 1.00 percent per year 12 ($1.00 per $100) of the assessed value, as equalized, of the taxable Property, excluding all 13 taxable personal property. 14 B. OWNER agrees to execute a consent to the creation of a dormant Special Service 15 Area prior to execution of the first Final Plat of Subdivision by the CITY. 16 IX. SECURITY INSTRUMENTS. 17 A. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable 18 letters of credit or surety bonds ("Security Instruments") on the standard forms of the City, to 19 guarantee completion and maintenance of the public improvements to be constructed as a part of 20 the development of each Phase of Development as are required by applicable ordinances of the 21 CITY. The OWNER shall have the sole discretion as to whether an irrevocable letter of credit or 22 surety bond will be used as the Security Instruments. The amount and duration of each Security 23 Instrument shall be as required by applicable ordinances of the CITY. The City Council upon -9- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 recommendation by the City Engineer, may from time to time approve a reduction or reductions 2 in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value 3 certified by the City Engineer of the completed work, so long as the balance remaining in the 4 Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete 5 the remaining public improvements for the applicable Phase of development. 6 B. Security for construction of perimeter roadways and onsite improvements may be 7 dedicated, constructed, and/or bonded as independent Phases of development at the sole 8 discretion of the OWNER. 9 X. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS. 10 The public improvements constructed as a part of the development of each phase of 11 development shall be accepted by the CITY pursuant to the provisions of the Subdivision 12 Control Ordinance. The City shall exercise good faith and due diligence in accepting said public 13 improvements following OWNER'S completion thereof for each phase of development in 14 compliance with the requirements of said ordinance; and the City Engineer shall make his 15 recommendation to the City Council not later than thirty (30) days from the date of OWNER'S 16 request for approval of any public improvements. 17 XI. OVERSIZING. 18 A. In the event OWNER is required as a condition of plat or engineering plan 19 approval to oversize water mains, sanitary sewer mains, storm sewer lines, or other 20 improvements such as roads that benefit other properties, the parties shall enter into a written 21 agreement specifically providing that said costs shall be reimbursed by the CITY, or be the 22 subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER before 23 OWNER is required to perform any oversizing or additional road improvements, the parties shall -10- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 enter into a written agreement specifically providing that said costs shall be reimbursed by the 2 CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER 3 before OWNER is required to perform any oversizing or additional road improvements. CITY 4 agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse 5 OWNER within 30 days of any other parcel of real property connecting to said improvements, 6 for OWNER'S costs of oversizing said lines including costs for deepening said lines and any 7 engineering fees, and other costs associated therewith. In the event OWNER seeks said 8 reimbursement, the parties agree separately that the Recapture Agreement shall be executed 9 pursuant to and in compliance, with the Illinois Compiled Statutes, Local Government Act 10 governing the Recapture with the requisite Public Hearing being held and requisite recapture 11 ordinance being approved by the City Council contingent on the percentage of the benefit to the 12 OWNER and including the service area effected. 13 B. In the event any said oversizing is required, the CITY and OWNER agree to 14 prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and 15 approving the same within a reasonable amount of time after those costs are ascertained. 16 C. OWNER agrees to hold the CITY harmless and indemnify the CITY from any 17 liability as a result of any recapture imposed. 18 XII. AMENDMENTS TO ORDINANCES 19 A. All ordinances, regulations, and codes of the CITY, including without limitation 20 those pertaining to subdivision controls, zoning, storm water management, drainage, and 21 building code requirements, (so long as they do not affect the City's International Standards 22 Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as -11- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and 2 its development if universally applied to all property in the CITY, shall also apply to the 3 PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such 4 ordinances, regulations and codes shall apply to the PROPERTY after a period of seven(7) years 5 from the date of this Agreement. Any amendments, repeal, or additional regulations, which are 6 subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY 7 except upon the written consent of OWNER during said seven(7) year period. Any Agreements, 8 repeal, or additional regulations which are subsequently enacted by the CITY shall not be 9 applied to the development of the PROPERTY except upon the written consent of OWNER 10 during said seven (7) year period. After said seven (7) year period, the PROPERTY and its 11 development will be subject to all ordinances, regulations and codes of the CITY in existence on 12 or adopted after the expiration of said seven (7) year period, provided, however, that the 13 application of any such ordinance, regulation or code shall not result in a reduction in the number 14 of residential building lots herein approved on the Concept Plan for the PROPERTY, alter or 15 eliminate any of the ordinance variations, modifications or departures provided for herein, nor 16 result in any subdivided lot or structure constructed within the PROPERTY being classified as 17 non-conforming under any ordinance of the CITY. The foregoing to the contrary 18 notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or 19 regulation and to apply the same to the PROPERTY pursuant to the express and specific 20 mandate of any superior governmental authority, and applicable generally within the CITY and 21 not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY 22 and be complied with by OWNER, provided, however, that any so-called "Grandfather" 23 provision contained in such superior governmental mandate which would serve to exempt or -12- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 delay implementation against the PROPERTY shall be given full force and effect. Furthermore, 2 provided that the amended regulation is applicable and enforced generally and uniformly in the 3 CITY. Nothing herein shall be construed as to prevent OWNER from contesting or challenging 4 any such mandate of any superior governmental authority in any way legally possible, including, 5 without limitation, by challenging such mandate on its face or as applied to the PROPERTY in 6 any administrative or judicial forum having jurisdiction at OWNER'S sole cost. 7 B. Notwithstanding any of the terms or provisions of this Agreement, however, no 8 change, modification or enactment of any ordinance, code or regulation so long as they do not 9 affect the CITY'S ISO insurance rating, shall be applied during said seven (7) year period so as 10 to: (i) affect the zoning classification of the PROPERTY or any Parcel r Phase thereof; (ii) affect 11 the CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and 12 frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY 13 specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent 14 OWNER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in 15 accordance with this Agreement and the exhibits attached hereto. Except as modified by the 16 previous sentence and the provisions hereof or other terms and provisions of this Agreement, 17 OWNER shall comply in all respects with the conditions and requirements of all ordinances of 18 the CITY applicable to the PROPERTY and all property similarly situated and zoned within the 19 CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, 20 provided, however, notwithstanding any other provision of this Agreement, if there are 21 ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their 22 application to similarly situated and zoned lands, then OWNER, at its election, shall be entitled 23 to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY -13- QBCHIl397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 and any parcel or phase thereof 2 C. OWNER and all successor owners of the PROPERTY or any parcel or phase 3 thereof shall be entitled to take advantage immediately of any subsequently adopted amendments 4 to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are 5 less restrictive than the provisions of the CITY'S current codes in effect as of the effective date 6 of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this 7 Agreement or the intent of the parties relative to the development of the PROPERTY or any 8 parcel or phase thereof. In the event of any conflict between the provisions of this Agreement 9 (including the Exhibits hereto), and the ordinances, codes, regulations and resolutions of the 10 CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the 11 provisions of any ordinances, codes, regulations and resolutions of the CITY. 12 XIII. FEES AND CHARGES. 13 During the first four (4) years following the date of the Agreement, the CITY shall 14 impose upon and collect from OWNER, and their respective contractors and suppliers, only 15 those permit, license, tap on and connection fees and charges, and in such amount or at such rate, 16 as are in effect on the date of this Agreement and as is generally applied throughout the CITY, 17 except as otherwise expressly provided for in this Agreement on the Fee Schedule attached 18 hereto and made a part hereof as Exhibit "F". At the expiration of this four year term, the CITY 19 shall give the OWNER a one (1)year grace period from the date they are notified of any changes 20 to the permit, license, tap on and connection fees and charges in order to comply with the new 21 regulations. 22 XIV. PROJECT SIGNS. -14- QBCH1\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 Following the date of this Agreement and through the date of the issuance of the fmal 2 occupancy permit for the PROPERTY, OWNER shall be entitled to construct, maintain and 3 utilize offsite subdivision identification, marketing and location signs at such locations within the 4 corporate limits of the CITY as OWNER may designate (individually an "Offsite Sign" and 5 collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. 6 OWNER and OWNER shall be responsible, at its expense, for obtaining all necessary and 7 appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite 8 sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, 9 OWNER shall be permitted to construct, maintain and utilize signage upon the PROPERTY as 10 identified in Exhibit "G"attached hereto ("Signage Plan"). 11 XV. MODEL, HOMES, PRODUCTION UNITS, SALES TRAILERS. 12 A. During the development and build out period of the PROPERTY (subsequent to 13 fmal plat approval), OWNER, and such other persons or entities as OWNER may authorize, may 14 construct, operate and maintain model homes and sales trailers within the PROPERTY staffed 15 with OWNER'S, or such other person's or entity's, sales and construction staff, and may be 16 utilized for sales and construction offices for the PROPERTY. The number of such model 17 homes and sales trailers and the locations thereof shall be as from time to time determined or 18 authorized by the OWNER. 19 B. Off-street parking shall be required for model homes when more than five (5) 20 model homes are constructed on consecutive lots in a model home row. Three (3) off-street 21 spaces will be required for each model home in a model home row, with combined required 22 parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the 23 parking areas and walks will be submitted for review and approval by the CITY. -15- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 C. No off-street parking shall be required for individual model homes or sales trailers 2 that are not part of a model home row other than the driveway for such model home/sales trailer 3 capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for 4 model homes, sales trailers and for up to fifteen (15) production dwelling units for each Phase, 5 shall be issued by the CITY upon proper application thereof prior to the installation of public 6 improvements (provided a gravel access road is provided for emergency vehicles and upon 7 submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire 8 Protection District). A final inspection shall be conducted prior to the use of a model home and 9 water shall be made available within 300' of the model home. There shall be no occupation or 10 use of any model homes or production dwelling units until the binder course of asphalt is on the 11 street, and no occupation or use of any production dwelling units until the water system and 12 sanitary sewer system needed to service such dwelling unit are installed and operational. 13 D. OWNER may locate temporary sales and construction trailers upon the 14 PROPERTY during the development and build out of said property, provided any such sales 15 trailer shall be removed within one (1) week following issuance of the last occupancy permit for 16 the PROPERTY. A building permit will be required by the CITY for any trailer that will be 17 utilized as office space. Prior to construction of the sales trailer OWNER shall submit an exhibit 18 of the sales trailer site with landscaping and elevations for the City's approval. 19 E. OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the 20 Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and 21 expenses incurred by or brought against all or any of the Indemnities as a direct and proximate 22 result of the construction of any model homes or production dwelling units prior to the 23 installation of the public street and water improvements required to service such dwelling unit. -16- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 OWNER shall be permitted to obtain building permits in the same manner for additional model 2 homes and for initial production dwelling units in each Phase as the Final Plat and Final 3 Engineering for each such Phase is approved by the CITY. The foregoing indemnification 4 provision shall, in such case, apply for the benefit of Indemnities for each phase. 5 XVI. CONTRACTORS TRAILERS. 6 The CITY agrees that contractor's and subcontractor's supply storage trailers may be 7 placed upon such part or parts of the PROPERTY as required and approved by the OWNER for 8 development purposes. Said trailers may remain upon the PROPERTY until the issuance of the 9 last final occupancy permit for the PROPERTY. A building permit will be required by the CITY 10 for any trailer that will be utilized as office space. All contractor's trailers and supply trailers 11 shall be kept in good working order and the area will be kept clean and free of debris. No 12 contractor's trailers or supply trailers will be located within dedicated right-of-way. 13 XVII. ONSITE EASEMENTS AND IMPROVEMENTS. 14 A. In the event that during the development of the PROPERTY, OWNER determines 15 that any existing utility easements and/or underground lines require relocation to facilitate the 16 completion of OWNER's obligation for the PROPERTY in accordance with the this Agreement 17 and the Preliminary Plans, the CITY shall fully cooperate with the OWNER in causing the 18 vacation and relocation of such existing easements and/or utilities, however, all costs incurred in 19 furtherance thereof shall be borne by the OWNER. If any easement granted to the CITY as a 20 part of the development of the PROPERTY is subsequently determined to be in error or located 21 in a manner inconsistent, with the intended development of the PROPERTY as reflected on the 22 Preliminary Plans and in this Agreement, the CITY shall fully cooperate with the OWNER in 23 vacating and relocating such easement and utility facilities located therein, which costs shall be -17- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 borne by the OWNER Notwithstanding the foregoing, and as a condition precedent to any 2 vacation of easement, the OWNER shall pay for the cost of design and relocation of any such 3 easement and the public utilities located therein unless the relocation involves overhead utilities. 4 If any existing overhead utilities are required to be relocated or buried on perimeter roads that are 5 the responsibility of the OWNER, the CITY agrees to be the lead agency in the relocation of 6 those utilities. Upon the OWNER'S request, the CITY will make the request to have overhead 7 utilities relocated and will make the relocation of such utilities a CITY run project. In the event 8 there is a cost to the OWNER associated with burying what had been overhead utility lines, the 9 OWNER shall have the right to make the determination as to whether the utility lines will be 10 buried or re-located overhead. 11 B. The CITY hereby grants any necessary variances to the CITY Subdivision 12 Control ordinances as they relate to street block lengths in order to conform with the proposed 13 preliminary plat. 14 C. The CITY agrees to allow up to six feet (6') of bounce in any stormwater 15 management facility. 16 XVIII.MASS GRADING. 17 Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the 18 CITY agrees to allow the OWNER to begin mass earthwork before final plat approval, but only 19 after review and approval of the fmal engineering grading plan for the PROPERTY. OWNER 20 agrees to post any necessary bond for said work with the CITY prior to commencement of 21 operations. 22 XIX. REMEDIES. -18- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 A. Without limiting any of the remedies otherwise available at law or in equity to 2 OWNER or CITY as a result of the breach of this Agreement,the Parties agree as follows. 3 B. In the event the CITY fails to adopt any of the ordinances required by this 4 Agreement as and when it is required to do so, OWNER, at its option, and after no less than 5 thirty(30) days after delivery of notice of intent, shall have the right to terminate this Agreement 6 in its entirety in which event this Agreement shall be and become null, void, and of no force or 7 effect and the petitions for annexation that had been theretofore filed by OWNER with the CITY 8 shall be deemed to be withdrawn and of no further force or effect. 9 C. This Agreement shall be enforceable in any court of competent jurisdiction by the 10 Parties or by any successor or assign of the Parties. Enforcement may be sought by an 11 appropriate action at law or in equity to secure the performance of the covenants, agreements, 12 conditions, and obligations contained herein. 13 D. No action taken by any Party pursuant to the provisions of this Article or pursuant 14 to any other section of this Agreement shall constitute an election of remedies, and all remedies 15 set forth in this Agreement, as well as any remedies at law or in equity, shall be cumulative and 16 shall not exclude any other remedy. 17 E. Unless otherwise expressly provided herein, in the event of a material breach of 18 this Agreement,the Parties agree that the defaulting Party shall have thirty (30) days after notice 19 of said breach to correct the same prior to the non-breaching Party's seeking of any remedy 20 provided for herein. If such breach cannot be corrected within thirty (30) days, the 21 non-breaching Party shall not seek to exercise any remedy provided for herein as long as the 22 defaulting Party has initiated the cure of said breach and is diligently prosecuting the cure of said -19- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 breach. 2 F. In the event the performance of any covenant to be performed hereunder by any 3 Party is delayed for causes which are beyond the reasonable control of the Party responsible for 4 such performance (which causes shall include, but not be limited to, acts of God; inclement 5 weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability 6 to secure any necessary governmental permit, license, or and any similar cause), the time for 7 such performance shall be extended by the amount of time of such delay. 8 G. The failure of the Parties to insist upon the strict and prompt performance of the 9 terms, covenants, agreements, and conditions herein contained, or any of them, upon any other 10 Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's 11 right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall 12 continue in full force and effect. 13 XX. NOTICES 14 Notice shall be provided at the following addresses: 15 CITY: UNITED CITY OF YORKVILLE 16 800 Game Farm Road 17 Yorkville, IL 60560 18 Attn: Mayor 19 20 copy to: CITY Attorney: 21 John J. Wyeth, Esq. 22 Wyeth Heitz &Bromberek 23 300 East Fifth Avenue 24 Suite 380 25 Naperville, Illinois 60563 26 -20- QBCH4\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 OWNER: Aspen Ridge Estates LLC 2 19250 Everett Lane 3 Suite 101 4 Mokena, Illinois 60448 5 Attn: Paul Dresden 6 7 copy to: David T. Meek,Esq. 8 Quarles &Brady LLP 9 500 West Madison Street 10 Suite 3700 11 Chicago, Illinois 60661 12 13 XXI. AGREEMENT TO PREVAIL OVER ORDINANCES. 14 In the event of any conflict between this Agreement and any ordinances of the CITY in 15 force at the time of execution of this agreement or enacted during the pendency of this 16 agreement, the provision of this Agreement shall prevail to the extent of any such conflict or 17 inconsistency. 18 XXII. PARTIAL INVALIDITY OF AGREEMENT. 19 A. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 20 5/11-15.1-1, et seq., Illinois Compiled Statutes. If any provision of this Agreement (except those 21 provisions relating to the requested annexation and rezoning of the PROPERTY and approval of 22 Preliminary Plans identified herein and the ordinances adopted in connection herewith), or its 23 application to any person, entity, or property is held invalid, such provision shall be deemed to 24 be excised herefrom and the invalidity thereof shall not affect the application or validity of any 25 other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions 26 and provisions of this Agreement are declared to be severable. In addition the CITY and 27 OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to 28 the use and development of the PROPERTY. 29 B. If, for any reason during the term of this Agreement, any approval or permission -21- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 granted hereunder regarding plans or plats of subdivision or zoning is declared invalid,the CITY 2 agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances 3 effectuating the zoning, variations and plat approvals proposed herein. 4 XXIII.GENERAL PROVISIONS. 5 A. Enforcement. This Agreement shall be enforceable in the Circuit Court of 6 Kendall County by any of the parties or their successors or assigns by an appropriate action at 7 law or in equity to secure the performance of the covenants and ag eements contained herein, 8 including the specific performance of this Agreement. This Agreement shall be governed by the 9 laws of the State of Illinois. 10 B. Entire Agreement. This Agreement contains all the terms and conditions 11 agreed upon by the parties hereto and no other prior agreement, regarding the subject matter 12 hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the 13 terms and conditions of this Agreement, including the payment of any fees, have been reached 14 through a process of good faith negotiation, both by principals and through counsel, and 15 represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable 16 and contractually binding upon each of them. 17 C. Amendment. This Agreement, and any Exhibits or attachments hereto, may be 18 amended from time to time in writing with the consent of the parties, pursuant to applicable 19 provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by 20 the CITY and the owner of record of a portion of the PROPERTY as to provisions applying 21 exclusively thereto, without the consent of the owner of other portions of the PROPERTY not 22 affected by such amendment, so long as such modification does not alter the rights or remedies -22- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 provided in this Agreement for any other portion of the PROPERTY which is owned by such 2 owner of record. 3 D. Conveyances. Nothing contained in this Agreement shall be construed to restrict 4 or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether 5 improved or unimproved. 6 E. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and 7 resolutions necessary to permit the OWNER, and its successors or assigns, to develop the 8 PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or 9 resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to 10 execute this Agreement or to correct any technical defects which may arise after the execution of 11 this Agreement. 12 F. Effective Date. The date on which this Agreement becomes effective (the 13 "Effective Date") shall be the first date on which it has been approved and executed by all 14 parties hereto. 15 G. Term of Agreement. This Agreement shall be effective from its Effective Date 16 for twenty(20) years (the "Term"); provided, however, that if any action is filed or any claim is 17 made challenging the legality, validity or enforceability of this Agreement, the period during 18 which such action or claim is pending or unresolved shall not be included as part of the Term of 19 this Agreement. In the event construction is commenced within said twenty-year period all of 20 the terms of this Agreement shall remain enforceable despite said time limitation, unless 21 modified by written agreement of the CITY and OWNER. -23- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 H. Captions and Paragraph Headings. The captions and paragraph headings used 2 herein are for convenience only and shall not be used in construing any term or provision of this 3 Agreement. 4 I. Recording. This Agreement shall be recorded in the Office of the Recorder of 5 Deeds, Kendall County, Illinois, at OWNER'S expense. 6 J. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, 7 and the exhibits attached hereto, are incorporated herein by this reference and shall constitute 8 substantive provisions of this Agreement. 9 K. Counterparts. This Agreement may be executed in counterparts, each of which 10 shall be deemed an original, but all of which together shall constitute one and the same 11 document. 12 L. Time is of the Essence. Time is of the essence of this Agreement and all 13 documents, agreements, and contracts pursuant hereto as well as all covenants contained in this 14 Agreement shall be performed in a timely manner by all parties hereto. 15 M. Exculpation. It is agreed that the CITY is not liable or responsible for any 16 restrictions on the CITY'S obligations under this Agreement that may be required or imposed by 17 any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, 18 the OWNER, including, but not limited to, county, state or federal regulatory bodies. 19 XXIV.SUCCESSORS AND ASSIGNS. 20 A. This Agreement shall inure to the benefit of and be binding upon the OWNERS, 21 OWNER and their successors in title and interest, and upon the CITY, and any successor -24- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 municipalities of the CITY. It is specifically agreed that OWNER shall have the right to sell, 2 transfer, lease, and assign all or any part of the Property to other persons, firms, partnerships, 3 corporations, or other entities for building or development purposes (as well as for occupancy) 4 and that such persons, firms, partnerships, corporations, or other entities shall be entitled to the 5 same rights and have the same obligations as OWNER has under this Agreement. 6 B. It is understood and agreed that this Agreement shall run with the land and as 7 such, shall be assignable to and binding upon each and every subsequent grantee and successor 8 in interest of the OWNER and the CITY. 9 C. The foregoing to the contrary notwithstanding, the obligations and duties of 10 OWNER hereunder shall not be deemed transferred to or assumed by, any purchaser of a empty 11 lot or a lot improved with a dwelling unit who acquires the same for purchaser's residential 12 occupation, unless otherwise expressly agreed in writing by such purchaser. 13 D. It is specifically agreed that OWNER shall have the right to sell, transfer, lease, 14 and assign all or any part of the Property to other persons, firms, partnerships, corporations, or 15 other entities for building or development purposes (as well as for occupancy) and that such 16 persons, firms,partnerships, corporations, or other entities shall be entitled to the same rights and 17 have the same obligations as OWNER has under this Agreement. 18 XXV. USE OF PROPERTY FOR FARMING/ZONING. 19 Any portion of the PROPERTY, which is not conveyed or under development as 20 provided herein, may be used for farming purposes, regardless of the underlying zoning. 21 22 -25- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the 2 day and year first above written. CITY: RECORD OWNER: THE UNITED CITY OF YORKVILLE ASPEN RIDGE ESTATES LLC By: By: Mayor Its: Attest: City Clerk 3 -26- QBCHI\397604.3 SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURALm4COERB ANDSCONSULTANTS, 756 JOHN STREET YORKVNE.0110018 80580 PH:830-553-7580 FAX:830-505-7616 www..mlt9eoltveerleg.eom E-MIL:sectmltxeoslneer184.e4m •YOHKNRV •HBMLEY •60RKVIUE ILLINOIS PROFESSIONAL DESIGN FIRM# 184-000108 COMP.FILE 040908-pre- PLOT FILE STANOARO ......%jNEW 04O908pe-02 / -- /. / *_'>�'/ // -: i / � ' ' V ...mow if Ain e•asanx / ' .I: ......... .1%.'......' illikj. 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WI m.•eAer r ne VAnaro PRELIMINARY PLAN ASPEN RIDGE ESTATES YORKVILE LLI S KIS RENSIONS DWN BY: NT: DATE PROJECT NO. 1. 03/07/05 JOB 01-24-05 DECS-040908 z DSN BY: INT: HORIZ SCALE: SHEET NO. 3. JOB NTS 4. CHK BY: INT: VERT SCALE: 2 OF 3 S P.M N/A I I LAT PUBLIC UTILITY AND DRAINAGE EASEMENT I \t A NON-EYCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AMERITECH, NICUR, COM ED, JONES INTERCABLE, OTHER PUBLIC UTILITIES AND FINAL V ��D,,,jjjV \\ HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY OF YORKVILLE, ILLINOIS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY AND DRAINAGE EASEMENT" (ABBREVIATED P.U. & D.E.) TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE. REPLACE, INSPECT, MAINTAIN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE SURFACE OF THE "PUBLIC UTILITY & DRAINAGE EASEMENT-, INCLUDING WITHOUT LIMITATION TO TELEPHONE CABLE, GAS MAINS, ELECTRIC LINES, CABLE TELEVISION LINES AND ALL NECESSARY FACILITIES APPURTENANT THERETO, TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENT'S THEREON. LOT A4 0 F PRAIRIE GARDEN SUBDIV SION A NON-E>'CLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YDRKVILiE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRJCT, REPAIR, REMOVE, REPLACE AND INSPECT FACILITIES FOR THE TRANSMISION AND DISTRIBUTION OF WATER, STORM SEWERS, SANITARY SEWERS AND ELECTRICITY WITHIN THE AREAS SHOWN ON THE PLAT AS " PUBLIC UTILITY AND DRAINAGE EASEMENT' TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PART OF THE NORTHEAST QUARTER OF SECTION 5 , TOWNSHIP 3 6 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. THE ABOVEE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO OUT. TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE EASEMENT" WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND 1 " --N�-30' I N THE UNITED CITY O F Y O R K V I L L E , KENDALL COUNTY, ILLINOIS CONSTRUCTED AND DISTRIBUTION SYSTEM AND FACILITIES APPURTENANT THERETO NO PERMANENT BUILDINGS, STRUCTURES OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS 'PUBLIC UTILITY AND DRAINAGE EASEMENT", BUT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, 111REES, LANDSCAPING, DRIVEWAYS AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED. THE OCUPATION AND USE OF NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH EASEMENTS ❑ CONCRETE MONUMENT ARE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSES OR RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. $ASIS OF BEARINGS - FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL ORIGINAL PRAIRIE- GARDEN HAVE NO OBLIGATION INH RESPECT TO SURFACE RESTORATION, INCLUDING BUT NOT LIMITED TO, THE RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, SUBDIVISION PLAT CURB, GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH CREATED 50 AS NOT TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY ASPHALT OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. LOT LINE GARDEN STREET PROP EASEMENT EXIST EASEMENT r�ss' STATE OF ILLINOIS (Ss- - ---- - -- -- ---- Exlsr SETBACK N 88' 52'07" E 354.73' I 4,00' COUNTY OF KANE) fi �Q 7' (jt_nF, sr TmAN FA -MrN F PER DOC 2Gnlonn?r B76 Cb, - 1 I 1 THIS IS TO DECLARE THAT WE, LEONARD DREAS AND ASSOCIATES, INC., HAVE SURVEYED, SUBDIVIDED AND 1a' (ITIL EASEMENT PF.R nor 2001000208r/6 - __ PATTED THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: LOT 4 OF PRAIRIE GARDEN SUBDIVISION, DOC. II I NO. 200100020878 RECORDED NOVEMBER 5, 2001 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, a score wnT1 R �.- -, a_ ; ILLINOIS AND CONTAINING 2.76 ACRES AS SHOWN BY THE PLAT HEREON BRAWN WHICH IS A CORRECT o o N 88'52'07" E - 46A0 Srr1Ftl�wnr(R / iMANAGEMENT I I REPRESENTATION OF SAID SURVEY AND SUBDIVISION. WE FURTHER DECLARE THAT THE ABOVE wmAGCME-NT INGRESS _i EASFMENr I DESCRIBED TRACT IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE, WHICH HAS ST(JRMWAIER / \ �__- dt EGRESS nSEIJrNr EASEMENT 1 rr-R nnc 2nn1onn2a11TF 10� ADOPTED AN OFFICIAL PLAN, AND THAT SAID TRACT IS NOT LOCATED WITHIN A SPECIAL FLOOD MANAGEMENT } F'I R (Jnr 20n1onn2f187f I ,I � I HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON FLOOD INSURANCE © / rn,EMENT INGstEss f RATE MAP COMMUNITY PANEL NUMBER 170341-0075G DATED JULY 19, 1982. f'rR DOC 2nn10nn70816 h EGRESS I �,,�Itill1�IlII1h1q�t� N ' EASEMENT 1 d.2e' -/7fI - �4 4 - j�1 LSI 51' E3L[]G SF TRACK _ – – N88'S2'07"E�8�0 i (I�"W 6506 - I DATED AT A ORA, ILLINOIS THIS �M DAY OF 2005 LOT 4 :F .` 1 I - I of I I I I _ a z oma! LEON REAS ILLINOIS PROFES ZONAL SURVEYOR NO. 1985 _ "' N BUILDING B I } 4,352 S.F. �I I I STATE OF ILLINOIS) M ro I z z; "' r Q I I •.fl,t= 1,1F 1 SS o g � c3 1 STATE OF ILLINOIS)(SS TI'�ru{rlIEIFIiI1 "I o �' o. $ �1 Ln I I COUNTY OF KANE) r {, 1 = -4c,. BUILDING A COUNTY of KENDALL) � I � BUILDING C � �' -4. � I o• � I W 6,392 S.F. `�,, ;� rel a -} -4 1 6,392 S.F. I 1 I, CITY ENGINEER OF THE UNITED CITY OF YORKVILLE, DO HEREBY FTk _ 1 0 t I I I, RICHARD SCHEFFRAHN, A REGISTERED PROFESSIONAL ENGINEER OF ILLINOIS HEREBY STATE THAT TO THE BEST CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED, OR THE REQUIRED GUARANTEE Z 2 a COLLATERAL HAS BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED AND IMPROVEMENTS, I I co tj k . I O OF MY KNOWLEDGE AND BELIEF, THE DRAINAGE OF SURFACE WATER WILL NOT BE CHANGED BY THE o I a }� N8852 07 E 68.00_f _ 1 y I * I o CONSTRUCTION OF SUCH SUBDIVISION OR ANY PART THEREOF, OR THAT IF SUCH SURFACE WATER DRAINAGE ILLINOIS, THIS DAY OF 0 O I(n WILL BE CHANGED, REASONABLE PROVISION HAS BEEN MADE FOR COLLECTION AND DIVERSION OF SUCH SURFACE DATED AT KENDALL COUNTY, 2005. o 'd' WATER INTO PUBLIC AREAS OR DRAINS WHICH THE SUBDIVIDER HAS A RIGHT TO USE AND THAT SUCH SURFACE 4.au I I I I i� I WATERS WILL BE PLANNED FOR IN ACCORDANCE NTH GENERALLY ACCEPTED ENGINEERING PRACTICES SO AS TO SUBDIVISION.THE LIKELIHOOD OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF THE CONSTRUCTION OF THE I I SUBDIVISION. ,21PF, CITY ENGINEER Iy I s8$'52'07"w se.aa_I,} 19127' ! }--588.52'07"W_68.00 -- I COMMON AREA G ' rt, DATED AT AURORA, ILLINOIS THIS � DAY OF_F�`-^ 005 ;�C>•n ^T p M ° .q .�� 2848' 83,972.35 S.F. I L, .. — — .� .. �: I OG? �3(I72(1 1.J28 AC—FT N $a 52'07" E sz.ao' U I` , RLGI',I t ktr rl STATE ILLINOIS) N 88'57'67" E - Tna 76' k I d r I�Io _ I c Sa • - t! I: >� „i �. a ., .ry-� �,. --.-_- It! 6IS RE[ISTFfZF_D PROFESSIO IAL E EFR NO. 62-3972. A Lb� t .. .y .. _ -- -COUNTY OF KENDALL) ) w . . _ .. -_. . �; . _ . `., ,I{ –_ YUTII I n51 Mf 1J 1 r'1 R 17f lf, %Il0ltJnf}.'�N Jh ri i Ix I p° MISSY THIS AY OF Q ;" L_ . . _ 7,7-0 SS �ai it tY ACCEPTED AND APPROVED BY THE UNITED CITY OF YORKVILLE PANNING COMMISSION. �� I , '� gg•�2•a7' F. 77 Oa' .r•>vGlR,tEC I , n 2005. I n Jtt EGRESS 'rJ I A / dxl ldd,ll A91' (nl & EGRESS INGt1t:S9 EASEMENT II 4 STATE OF IWNOIS) INGRESS CI: EASEMENT $ At EGRESS 4 I (SS (n i EASEMENT s IJ I COUNTY OF KENDALL) PLANNING COMMITTEE CHAIRPERSON o I S i ic, THIS IS TO CERTIFY THAT WINDHAM DEVELOPMENT CO. IS THE OWNER OF THE AND DESCRIBED IN THE I �•,• IJn! tAsr�nr_k!{ f'ER luu; 2tu11noo2ol:Js -- �- FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED THE SAME TO BE SURVEYED, RESUBDIVIDED AND " PLATTED AS SHOWN BY THE ANNEXED PLAT FOR THE USES AND PURPOSES THEREIN SET FORTH AS l — — N fl8'52'07" E 379.77' — _ _- '' I LOT 6 ALLOWED AND PROVIDED BY STATUTE, THE SUBDIVISION TO BE KNOWN AS "LOT 4 OF PRAIRIE GARDEN STATE OF ILLINOIS �-- ••— T- -- - ' `- — '' -- - - - - y ' - "-�- - - I SUBDIVISION" !N THE UNITED CITY OF YE AND T, KENDALL COUNTY, ILLINOIS , AND HEREBY ACKNOWLEDGES ) — AND ADOPTS THE SAME UNDER THE SME AND TITLE AFORESAID. SS) -------- 1y 8881'52 07 W 94.00 T . S88 52 07 W 94.00 COUNTY OF KENDALL) I N8$'52'07"E 94.00 �- _ ,� I DATED THIS DAY OF ,___�_..,, 2005. APPROVED BY THE CITY ADMINISTRATOR OF THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, THIS DAY OF 2005. I c o BUILDING E o o I I WINDHAM DEVELOPMENT CO. I � �; a 6,392 S.F. _j -4 , I I F CITY ADMINISTRATOR I tiw BUILDING D w w w (A BUILDING F w' - rn 6.392 S.F. I I f n I 6,392 S.F. m ¢y O O I E:xrSTJNG PHILLIP E. KNIERIM, PRESIDENT O� cn 06 OD Ik.ASi Iia, OJ GO O O O I I I TOKR I o O Q 4 SI TF o O O o I CITY COUNCIL CERTIFICATE { o �n' 131 Frc; 51 1r3nrl% z' I } "} } N8$'52'07"E 94.00 I STATE OF S88'S2'07"W 94.00 -- - -- - N$8'52'07"E 94.00 —,J199• _ (SS STATE OF ILLINOIS) SS) —}sa49.- . :- � . _ .- .- . _ .-:- . —.- .-.. -. - �_�: -_.�. � ..� 1046' jj I COUNTY OF ) s4 GG' -I3 ra 9` U 8r l) EASEMEtiT N N 88' 52' 28"_E _ ,- --.- .._ - - -•y �b Ga I 1 I A NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFORESAID, COUNTY OF KENDALL) ro F �_ 14.oa' �,� .— .�� o APPROVED AND ACCEPTED THIS DAY OF 2005 BY THE CITY COUNCIL _ -m 4 — }�} i1 n k nSi Jnr r T�'Fa 1�or. 2ncl1nnp2o11IE a HEREBY CERTIFY TEAT PHILLIP E.FOREGKNIEROING M IS PERSONALLY KNOWAPPEARED BEFORE ME N TO ME TO 8E THE SAM OF THE UNITED CITY OF YORKVILLE, ILLINOIS. " — f p AND ACKNOWLEDGEDNAME IS D TO THE THE EXECUTIONS OF THE ANNEXED PLAT CAND'ACCOMPANYING INSTRUMENT AS HISNFREE SON o N 88'5228„ E 379.78 AND VOLUNTARY ACT. MAYOR GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF 2005. CITY CLERK NOTARY PUBLIC COMMISSION EXPIRES RECORDER'S CERTIFICATE STATE OF ILLINOIS) SS) COUNTY OF KENDALL ) GRANTING CLAUSE THIS INSTRUMENT NUMBER WAS FILED FOR RECORD IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS. THIS DAY OF FOR DESCRIBED PUBLIC UTILITY AND DRAINAGE EASEMENT ILLUSTRATED HEREON IS HEREBY RESERVED R AND GRANTED TO THE UNITED CITY OF YORKVILLE AND ITS SUCCESSORS AND ASSIGNS. A.D., 2005, AT O'CLOCK-.._...M. THIS INSTRUMENT SU13MITED BY: RECORDER NAME: ADDRESS: DRAWN BY: SL DWG. N0. 367 NO. DATE REVISION NO. DATE REVISION NO. DATE REVISION _ TITLE: FINAL SUBDIVISION PLAT 1 2/10/05 ADDED INGRESS/EGRESS EASEMENT LOT 4 PRAIRIE GARDEN SUBDIVISION C C1 TY OF YORKVILLE, KENDALL COUNTY, IL LEONARD DREA & ASSO TES CHECKED BY: SCALE: ,� LAND SURVEYORS CIVIL ENGINEERS LD =J 0 CLIENT: WINDHAM DEVELOPMENT CO. 586 KELLY AVENUE sae South Edge DrLve, surto 1725 Aurora_mlzn'is 60506 DATE: SHECT: YORKVILLE, IL 60560 PI1one (630) 897--4105 Fax (630) 697 ?_r 10--05 1 OF 1 PATH: Land Projects 2005/13rarrie Garden York%ilfe Lot 4/Dwg/I-orPlak (630) 553-'--3024 I too, a UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 630/553-4350 PC# APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Prairie Garden Development Name: Subdivision Date of Submission: 02/09/05 1. Name of Petitioner(s): S&K Development, LLC Address: 586 Kelly Avenue; Yorkville, Illinois 60560 Phone Number: 630-553-3024 Fax Number: 630-553-2636 Relationship of Petitioner(s)to subject property: [I Owner X Developer []Contract Purchaser 2. Name of holder of legal title, if different from#1: Windham Development Co. Inc. If legal title is held in a Land Trust,list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: 202 Garden Street,Yorkville, Illinois 60560 (Route 47 and Garden Street) b). Legal description of property;attach as Exhibit"A". c). Total Acreage: 2.56 acres d). Kendall County Parcel Number(s)of property: 05-05-277-001 e). Current Zoning Classification: B-3 0. Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) Page I of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 li 5. Date of Annexation or PUD Agreement sought to be amended: 07-27-2000 Name of Agreement: Annexation and Planned Unit Development Between the United City Date of Recording: 12-06-2000 of Yorkville and Barry J. Niles, Developer, and Robert M. Loftus and Ildefonsa Loftus, Owners Attach a true and correct copy of agreement as Exhibit"C°of Record (Prairie Gardens Subdivision) 6. State the items to be amended from the existing annexation or PUD agreement. Lot 4 Final Plat of Subdivision 7. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Kelly Knierim, S&K Development, LLC, 586 Kelly Avenue, Yorkville, Il 60560 630-553-2636 (fax),kelly.knierim@thewindhamgroup.com Attorney: Name:Thomas W Grant Law Offices (Tom Grant) Address: 200 Hillcrest Ave, Yorkville, IL 60560 Phone Number: (630) 553-0088 Fax Number: 630-553-0299 Engineer: Name: Leonard Dreas&Assoc. (Richard Scheffrahn) Address: 888 S Edgelawn Dr# 1725,Aurora, IL 60506 Phone Number: 630-897-4105 Fax Number: 630-897-4121 Land Planner: Name: Address: Phone Number: Fax Number: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to page 4 of this application "Petitioner Route, Step 1, Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan(if necessary): 40 sets folded to fit in a 10"x 13"envelope In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Page 2 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 MIik • t II Date: ,/Mk,,I A 0. Petitioner(s)Signa 4e: (All legal property owners of record signatures must appear on this application.) wig 1 j PiYi.Lop 6-). Me. by. - i A. Trrui,,tork-DI Subscribed and sworn to before me this f 4 day of I ,200 yam' C2-02 ,z-C a-c. -Cte-46AJC Notary Seal OFFICIAL SEAL THIS APPLICATION MUST BE NOTARIZED. CAROL,Pkil ULTSCH NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:02/28/06 Page 3 of 5 United City of Yorkville AtnendAnnexation/PUD Application Revised: 2/25/04 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT PETITIONER ROUTE Step I: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers,etc.,to allow timely review by City. *Fees: 1. a. Annexation/PUD Amendment-$500 b. Deposit for Outside Consultants- under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at Ieast 15 days but no more than 30 days prior to the public hearing date. Step 3: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. The Economic Development Committee consists of three(plus one alternate)City Council members. Before this amendment can move forward to Committee of the Whole, a"draft"Amendment to Annexation or PUD Agreement must be written. Step 4: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m.in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 5: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Page 4 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville,Illinois 60560. ( Prk Lm f Signature of Pe i loner Page 5of5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/2M)4 :> EXHIBIT"A" Legal Description LOT 4 OF PRAIRIE GARDEN SUBDIVISION PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNTIED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Ex'It' 6;t, 200000016883 Filed for Record in KENDALL COUNTY, ILLINOIS •----\\) . PAUL ANDERSON Revised July 25, 2000 11 1r- On 12-06-2000 At 01:01 p m. ANNEX AGREE 50.00 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN TAE UNITED CITY OF YORKVILLE AND BARRY J. NILES,DEVELOPER,AND ROBERT M. LOFTUS and ILDEFONSA LOFTUS,OWNERS OF RECORD (PRAIRIE GARDENS SUBDIVISION) NOW COMES,DEVELOPER BARRY J.NILES, and ROBERT M. LOFTUS and ILDEFONSA LOFTUS, Owners of Record of certain real property described in the attached Exhibit"A", and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation,who hereby enter into this Annexation and Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning and Annexation,Petition for Preliminary Plat approval, and drawings submitted therewith,including the approved Preliminary Plat of Subdivision and proposed Final Plats of Subdivision to be approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1) WHEREAS, each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the subject real property described in the attached Exhibit"A" as a Development establishing a unique open space character and to provide for the orderly flow of traffic in the -1- • } r Z i development and to adjoining real property; as well as to provide two (2) diverse zoning classifications therein; and • 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNERS to provide for specific performance standards in the development of the subject property because of the unique development proposed therein; and 3) WHEREAS, each party agrees that an impact will be had on the services of the CITY by development of said real property; and 4) WHEREAS,the DEVELOPER has agreed to perform certain requirements pursuant to this Agreement as well as made by Ordinances by the CITY. 5) WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other isportionthereof classified as flood plain; and municipality; nor any p rti 6) WHEREAS, OWNERS desire to annex the said real property described in the attached Exhibit"A"into the CITY,its Plan Commission has considered the Petition and recommended annexation, zoning as hereafter set out, and approval of a Preliminary Plat of Subdivision, and the City Council has heretofore both. requested and approved the proposed land use and the zoning of the same at the request of OWNERS/DEVELOPER and the CITY; and 7) WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and -2- 8) WHEREAS, OWNERS and their representatives have discussed the proposed annexation an have had 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; and continued from time to time thereafter: NOW THEREFORE,for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: A) The subject real property described in the attached Exhibit"A"shall be annexed to the CITY and zoned in conformance with the zoning classification set forth in the approved Preliminary Plat of Subdivision, a copy of which is attached as j Exhibit"B" and made a part hereof, and which is dated ,2000; 4-fe�, � 34'7/cY=D providing for R-3 General Residential District as to the legal description attached hereto and set forth herein as Exhibit"C"; and B-3 Service Business District as to the legal description set forth herein as Exhibit"D". All of the subject real property shall be developed in general conformance with the approved Preliminary Plat of Subdivision attached hereto as Exhibit"B" and incorporated herein by reference. The subdivision shall further be developed and improved according to the Preliminary Landscape Plan, a copy of which is attached hereto and incorporated herein as Exhibit"E"in the R-3 General Residential District; and in conformance with the City Landscape Ordinance within the B-3 Service Business District. If a conflict exists between the terms contained in the City -3- Subdivision Control Ordinance and the City Landscape Ordinance, the City Landscape Ordinance shall control. B) That R-3 General Residential District areas of the development shall be governed by the following performance standards which shall when in conflict with the City Subdivision Control Ordinance shall take precedence: 1) Lot sizes shall be determined by the R-3 General Residential District zoning requirements in the United City of Yorkville Subdivision Control Ordinance guidelines and set out and calculated on the approved Preliminary Plat as set out in the attached Exhibit"B". 2) Front and side yard setbacks shall be in conformance with the standards set forth in the United City of Yorkville Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY. 3) Rear yard setbacks shall be in conformance with the standards set forth in the United City of Yorkville Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement or the approved Preliminary Plat. 4) DEVELOPER shall with respect to the following described lots be permitted the specific setbacks described as follows: a) Side yard setbacks for side yards fronting on a street will be 20 feet (20'). -4- b) •All other side yard setbacks shall be as per the United City of Yorkville Subdivision Control Ordinance in effect at the date the CITY accepts this Agreement. • 5) That the DEVELOPER shall pay cash contributions to the Yorkville Community School District#115 in lieu of land contributions for schools in conformance with the United City of Yorkville Land-Cash Ordinance in effect at the date of Final Plat approval as to each respective phase or unit of the R-3 General Residential District portions of the development. Attached hereto and incorporated herein as Exhibit"F"is a letter from the Yorkville School District#115 asking to receive cash in lieu of land contribution. For all residential phases of said subdivision,payment of these contributions shall be made per individual residential dwelling unit concurrent with and prior to the issuance of the subject building permit for each respective dwelling unit. 6) That the DEVELOPER shall satisfy the CITY Land-Cash Ordinance based upon cash contribution that is due after the credit is given for the perimeter trail system established in paragraph 7(a) of this Agreement in conformance with the United City of Yorkville Land-Cash Ordinance in effect at the date of Final Plat approval. The DEVELOPER shall provide 2.245 (estimated) acres of permanent open space as per the approved Preliminary Plat. -5- 7) a) The DEVELOPER shall install an 8 foot(8')wide continuous . asphalt paved trail system, substantially as indicated on the approved Preliminary Landscape Plan(Exhibit"E"). In the event the DEVELOPER or his successors,heirs, or assigns requests the CITY to accept a dedication of the trail system at any time in the future,the CITY shall not be under a duty to do so unless the trail system conforms to the then applicable CITY standards. DEVELOPER shall be given a credit for the trail system and green areas accessible to the public as provided for in this Agreement in the amount of Twenty-Three Thousand Five Hundred Dollars and 00/100 ($23,500.00); ownership of said perimeter trail system shall remain with the Homeowners' Association. DEVELOPER shall be given a credit off of the Land-Cash Contribution for park purposes for said dedication as calculated under the CITY Ordinances now in effect. b) The DEVELOPER shall grant to the CITY a permanent public pedestrian access easement to all green areas and trail system. c) The DEVELOPER/Homeowners' Association shall maintain the trail system. d) Liability insurance coverage for the trail system shall be maintained by the Homeowners' Association. -6- e) School Land-Cash donation shall be paid concurrent with and prior to the issuance of each of the residential building permits issued for this development. f) In order to provide for the maintenance of the open space and trail areas, OWNERS/DEVELOPER agree to execute a consent to the creation of a Special Tax Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved Ordinances encumbering all residential units of said subdivision, in the event the Prairie Gardens Homeowners' Association fails to carry out its maintenance responsibilities, as to trails, common subdivision signage or other common areas of the subdivision. g) That the development of said property shall be subject to approval of all Ordinances of the CITY;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,United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, United City of Yorkville Land-Cash Ordinance, and the United City of Yorkville Development Fee Ordinance,which have been voluntarily contracted to between the parties and agreed to by -7- DEVELOPER as a condition of approval of the Planned Unit Development Agreement. DEVELOPER, except to the extent . varied by this Agreement, the Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time the Final Plat of Subdivision is approved by the CITY as to each unit of said subdivision. Development fees which are charges on a per residential unit basis by the CITY shall be payable for model homes in the R-3 Active Adult Area at the time of issuance of occupancy permits by the CITY for each respective model unit. Further the water and sewer recapture fees due on the model units shall likewise be payable at the time of issuance of the occupancy permits for each respective model unit. h) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance,United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and United City of Yorkville 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 -8- Ordinances in effect at the time of execution of this Agreement. 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 OWNERS/DEVELOPER, said modifications shall be effective as to the subdivision in the event OWNERS/DEVELOPER desire to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. i) In addition the DEVELOPER will install privacy fencing along the southerly boundary North of Dan Drive, in the R-3 General Residential District to be permanently maintained by the Homeowners' Association within the R-3 General Residential District. j) In the area of the subject property described in the attached Exhibit "C", it shall be subject to the following standards, in addition to the Ordinances of the CITY: -9- i) Occupancy of the individual dwelling units shall be restricted at the direction of and as contained in the . Homeowners' Association documents and covenants of OWNERS and DEVELOPER to at least one principal resident who is 55 years of age or greater. OWNERS and DEVELOPER agree to submit for approval to the City Council a draft of its proposed Covenants, Conditions, and Restrictions of record affecting the subject property prior to the City Council vote approving any Final Plat of the residential portion of the subdivision for the subject development. Said Covenants shall include a recitation and enforcement provision as to age restrictive adult housing as provided in this article of this Agreement, as well as providing for the standards and enforcement procedure as to the development and use of the property which shall be non-modifiable for a period of twenty-five (25)years from Agreement the Council. theapproval of this by City C) That the portion of the development zoned B-3 Service Business District shall be governed by the following performance standards which shall when in conflict with the United City of Yorkville Subdivision Control Ordinance shall take precedence: -10- 1) The required minimum front yard shall be 30 feet(30'). 2) Setbacks for parking and internal roadways shall be shown on the approved Preliminary Plat attached hereto as Exhibit"B". D) OWNERS/DEVELOPER and CITY agree that easements are necessary for off- site improvements to serve said property with utility and municipal services. The CITY hereby agrees to use its best efforts to assist the DEVELOPER in the acquisition of easements or permission to use easements from Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of DEVELOPER.. E) That on-site infrastructure construction and engineering shall be governed by the standards contained in the United City of Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control: 1) Roadway right-of-ways,widths or streets, and roadway construction standards shall comply with the requirements as set out on the approved Preliminary Plat and each phase of the Final Plats of Subdivision. DEVELOPER shall with respect to the following be permitted the specific variance described as follows: a) The circle roadway within the R-3 General Residential District as referenced to as Garden Circle and shown on the Preliminary Plat, Exhibit"B" as such, shall be fromback of curb to back of curb thirty(30') feet in width. -11- F) In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines,the parties shall enter into a written agreement . specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to preform any oversizing; the exact amounts of said reimbursement shall be fixed after completion of the work when final costs are available. G) Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat,Preliminary and Final Engineering Plans approved by the City Engineer. H) The CITY shall rebate to DEVELOPER an amount equal to 50% of the Illinois Department of Revenue's Retailer's Occupation Tax received by the CITY from the businesses operated on the on-site B-3 business zoned property on a quarterly basis as received by the CITY,with interest to accrue thereon at the rate of 7% for the earlier of the period or as set out below until all eligible funds are recovered from the date of the first business opening thereon,in an amount equal to all costs attributed to the following: Eligible funds shall be defined as 88%of thecost of intersection improvements, if required, for turn lanes,deceleration lanes, or traffic signals by the Illinois Department of Transportation, excluding rebate for 12%which represents a benefit to the residential portion of the OWNERS/DEVELOPER's subdivision including the cost of Dan Drive -12- •and the portions of Big Ben Boulevard located within the B-3 zoned area of the subdivision. • The DEVELOPER shall be reimbursed for the %of the cost of those improvements of the development set out above payable out of 50%of the retailer's occupation tax received from the Illinois Department of Revenue by the CITY from the B-3 zoned area for the subject property for a period of not in excess of twelve (12)years from the execution of this Agreement, or until payment is received by Developer,whichever occurs first. I) Population Equivalent(p.e.)within the R-3 General Residential District shall be based upon a rate of 2.0 residents per dwelling unit. This rate is consistent with the ESTIMATED POPULATION PER DWELLING UNIT charts used by the CITY to determine estimated p.e. for Attached Single Family(Townhomes and Duplexes). J) That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by DEVELOPER according to the United City of Yorkville Subdivision Control Ordinance. After the installation of improvements by DEVELOPER, the CITY shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. K) No warranty or representation as to plant capacity of the Yorkville-Bristol Sanitary District has or can be made by the CITY. -13- L) The annexation and development being approved,as part of this Agreement shall be constructed in substantial conformance with the Preliminary Plat attached• hereto and incorporated herein as Exhibit"B". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. M) This Agreement shall inure to the benefit of and be binding upon the successors, heirs, and assigns of each party hereto. N) If any portion of this Agreement were determined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and effect between DEVELOPER/OWNERS and the CITY. 0) This Agreement shall be binding upon each party hereto and in terms of performance for a period of twenty(20)years. In the event construction is commenced within said twenty(20)year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement by the CITY and DEVELOPER/OWNERS. P) The subject real property sought to be annexed by OWNERS listed in this Agreement is intended to be developed by Barry J.Niles as DEVELOPER, or future DEVELOPERS receiving an assignment of the rights thereto. The CITY will only execute this Agreement upon DEVELOPER securing the signature of OWNERS as to this Agreement,which shall act as a consent by the OWNERS to have their respective parcel of real property being bound by all of the conditions and agreements contained herein. -14- , A, 1) The parties hereto acknowledge and agree that the original owner of record is not the intended developer of the subject real property, and in the event Barry J.Niles does not purchase the subject property the OWNERS are not under an affirmative duty to develop the property. However, the terms and conditions of this Planned Unit Development/Annexation Agreement will continue to bind the subject real property of OWNERS and be effective as to successor owners or developers thereof. 2) In the event the subject real property is annexed, zoned and this Agreement is approved, but the subject real property is not developed, for any calendar year in which development does not take place,the CITY shall rebate its portion of the real estate tax bill to the respective owner of record of the respective parcel of real property. Q) Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Road Yorkville,IL 60560 With a copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville,IL 60560 If to the DEVELOPER: Barry J.Niles 708 Teri Ln. Yorkville,IL 60560 -15- A If to the OWNERS: Robert M. Loftus and Ildefonsa Loftus 6359 Route 47 Yorkville, IL 60560 Of to such other addresses as any party may from time to time designate in a written notice to the other parties. • R) This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. S) In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. T) The CITY agrees to adopt any Ordinances,which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Planned Unit Development/Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. -16- IN WITNESS THEREOF,the undersigned have hereunto set their hands and seals this 9 ' day of C> , 2000. • UNITED CITY OF YORKVILLE, Kendall County, Illinois /." � i By: _ ' -% _ _ // _,.al_.‘,./ ., MAYOR Attest: Oe.PR,(4..A -K. " CITY CLERK OWNERS: /2 ' ,,,ri Q ROBERT M. LOFTUS , LttA.,.„ ILDEF u NSA LOFTUS DEVELOPER: 70/ 1 4 BARR, r I ES Prepared by: Law Offices of Daniel J.Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -17- A EXHIBIT LIST Exhibit"A" - Legal Description Exhibit"B" - Preliminary Plan dated 2/28/00 and revised 3/27/00,prepared by Leonard Dreas &Associates Exhibit"C" - Legal Description for area zoned R-3 General Residence District Exhibit"D" - Legal Description for area zoned B-3 Service Business District Exhibit"E" - (a)PreliminaryLandscape Plan, (b)Mike Schoppe memo Exhibit"F" - School District letter -18- LEGAL DESCRIPTION Property to be Annexed THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89°40'05" WEST,ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655.52 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01°44'07" EAST,ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1075.45 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 01°44'07" EAST, ALONG SAID CENTERLINE, 847.45 FEET; THENCE SOUTH 88°52'07" WEST, 1645.43 FEET TO AN OLD CLAIM LINE; THENCE NORTH 11°59'56" EAST, ALONG SAID CLAIM LINE, 870.14 FEET TO A LINE DRAWN SOUTH 88°52'07" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 88°52'07" EAST, 1438.83 FEET TO THE POINT OF BEGINNING(EXCEPTING THEREFROM THE NORTHERLY 270.38 FEET OF THE EASTERLY 805.59 FEET,AS MEASURED ALONG THE EAST AND NORTH LINES,AND EXCEPT THE EASTERLY 60.0 FEET, HAVING BEEN CONVEYED TO THE STATE OF ILLINOIS) IN KENDALL TOWNSHIP,KENDALL COUNTY, ILLINOIS. CONTAINING 24.20 ACRES EX h%hi i ,�� " Exhibit"C" LEGAL DESCRIPTION R-3 Zoned Area THAT PART OF THE NORTHEAST QUARTER OF SECTION 5,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89°40'05" WEST 655.52 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01°44'07" EAST, ALONG SAW EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1922.90 FEET; THENCE SOUTH 88°5T07" WEST, 805.80 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88°52'07"WEST 839.52 FEET TO AN OLD CLAIM LINE;THENCE NORTH 11°59'56" EAST ALONG OLD CLAIM LINE 870.14 FEET; THENCE NORTH 88°52'07" EAST, 633.15 FEET;THENCE SOUTH 01°43'12" EAST, 841.40 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP,KENDALL COUNTY,ILLINOIS CONTAINS 14.32 ACRES Exhibit"D" LEGAL DESCRIPTION B-3 Zoned Area THAT PART OF THE NORTHEAST QUARTER OF SECTION 5,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89°40'05" WEST 655.52 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01°44'07" EAST, ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1922.90 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88°52'07" WEST 805.50 FEET; THENCE NORTH 01°43'12" WEST 577.02 FEET; THENCE NORTH 88°52'07" EAST 805.71 FEET TO SAID TANGENT CENTERLINE OF ROUTE 47; THENCE SOUTH 01°44'07" EAST 577.19 FEET (ALONG SAID TANGENT CENTER LINE OF ROUTE 47) TO THE POINT OF BEGINNING,ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS CONTAINS 9.88 ACRES Exhibit"E(a)" PRELIMINARY LANDSCAPE PLAN The Preliminary Landscape Plan is too large to attach and record. The United City of Yorkville has a copy of said Preliminary Landscape Plan on file. Schoppe )esgn associates Landscape Architecture and Land Planning 202 Lombardy Lane (630)554-9775 Oswego, IL 60543 Fax(630)554-4667 June 23,2000(revised July 26,2000) To: Jim Nanninga,CityAdministrator From: Mike Schoppe,Schoppe Design Associates RE: Prairie Garden Landscape Plan Review We have reviewed the most recent landscape plan that has been sent to our office prepared by Figgins Trees&Turf,Inc., for Prairie Gardens. These plans have been revised to address the comments outlined in our May 10,2000 memorandum. However,several items identified in that memo still need to be addressed. These are: 1. As stated previously,one tree for every 50'of frontage is required along Route 47. With 577.18'of frontage, 1 I trees are required. Add one additional shade tree. 2. The driveways for the residential units have been shown as requested. However,the utilities(streetlights,fire hydrants,and manholes)need to be shown so that any potential conflicts with trees can be identified. 3. The appropriate numbers of street trees have been added in the commercial and residential area.- 4. The landscape plan indicates that the existing vegetation along the west and south property line is not on the Prairie Garden property,but rather is located on the adjacent property. It appears from our site inspection that a significant number of the trees are on Prairie Garden property. We suggest that the location of the trees be clarified. If the trees are not on Prairie Garden property,then hufferyard plantings are required along the west property line at the rate of 3 shade trees,3 evergreen trees and 2 ornamental trees per 100 feet of property. With 870.17'of west property line,the required plantings to be added to the plan are 26 shade trees,26 evergreen trees,and 17 ornamental trees. • If the trees are on Prairie Garden property,please show the size,type and quantity of existing vegetation so that it can be determined if additional plantings are required. We suggest that any grading or construction be kept a minimum of 15' away from the trees that are to remain. 5. We did not receive a revised typical unit landscape plan. A revised typical unit landscape should be prepared that shows 2 shade trees and 15 shrubs for every four units. 6. Add the latest revision date onto the landscape plan. 7. The plan appears to be drawn at a slightly larger scale than 1"=50' as indicated. The plan should be drawn to reflect the 1"=50' scale. 8. The shade trees will be a minimum of 2 '/2"caliper when planted. Jim,these plans should be revised and resubmitted. I will be out of town next week,however, if a revised copy can be to our office by July 3`d,we will be able to review prior to the July 6th council meeting. cc: Dan Kramer Exhi h _7l 1 Al II (b) YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Parkway,Suite A,P. 0. Box 579 Yorkville,IL 60560-0579 Telephone (630) 553-4382 Fax (630)553-4398 YORKVILLE HIGH SCHOOL 797 Game Farm Road Yorkville,Illinois 60560 Telephone(630)553-4380 YORKVILLE MIDDLE SCHOOL 702 Game Farm Road Yorkville,Illinois 60560 Telephone(630)553-4385 CIRCLE CENTER INTERMEDIATE SCHOOL 9Mill Street November 16, 2000 i Yorkville,Illinois 60560 Telephone(630)553-4388 YORKVILLE GRADE SCHOOL 201 West Somonauk Street Yorkville,Illinois 60560 Telephone(630)553-4390 Mr. Daniel J. Kramer BRISTOL GRADE SCHOOL Attorney - City of Yorkville 23HuntStreet 111 W. Fox, Suite 3 P.O.Box 177 Bristol,Illinois 60512 Yorkville, IL 60560 Telephone(630)553-4383 RE: Subdivision Plat for Barry J. Niles and Robert M. Loftus on Route 47, Yorkville, Kendall County, Illinois Yorkville Community Unit District #115 requests the contributions for this annexation be in the form of cash contributions . S in.cer`eT7i, r•� _ „, 4 4, . ...„, / 4 Dr. Thomas D. Engler . Superintendent TDE/mlj R L;NILO J � RF r0,3„ ~jo �a115 41- wow- P L. STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) SECOND AMENDMENT TO ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND BARRY J. NILES, DEVELOPER, AND ROBERT M. LOFTUS AND ILDEFONSA LOFTUS, OWNERS OF RECORD (PRAIRIE GARDEN SUBDIVISION) WHEREAS, WINDHAM DEVELOPMENT CO, INC., an Illinois Corporation is the OWNER of certain real property within the United City of Yorkville, Kendall County, Illinois commonly known as LOT 4 OF PRAIRIE GARDEN SUBDIVISION; and WHEREAS, S & K DEVELOPMENT, LLC, as Developer of said real estate, is the DEVELOPER of said real estate; and WHEREAS, said real estate is the subject matter of a certain ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND BARRY J. NILES, DEVELOPER, AND ROBERT M. LOFTUS AND ILDEFONSA LOFTUS, OWNERS OF RECORD (PRAIRIE GARDEN SUBDIVISION), as amended; and WHEREAS, the Petitioner requests an amendment to the Annexation and Planned UnitDevelopment Agreement executed on July 7, 2000 and amended on August 23, 2001 to permit the subdivision of Lot 4 in accordance with the Plat of Subdivision attached hereto and incorporated herein by reference as Exhibit "A"; and WHEREAS, a Public Hearing was held before the City Council of the United City of Yorkville, which unanimously approved the requested change in the Annexation and Planned Unit Development Agreement; and WHEREAS, this Second Amendment to Annexation and Planned Unit Development Agreement shall only affect Lot 4 as described in the attached Exhibit "A". NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of those voting, the following Second Amendment is made to the Annexation and Planned Unit Development Agreement of Prairie Gardens Subdivision: 1) INCORPORATION OF RECITALS: The above contained recitals are an integral part of this Agreement and hereby adopt those recitals as part of this Agreement. 2) AUTHORIZATION OF AMENDMENT: WINDHAM DEVELOPMENT CO., INC., and S & K DEVELOPMENT, LLC, warrant that they have full and express authority to enter into this Amendment to the original Annexation and Planned Unit Development Agreement. 3) That, upon approval of this Second Amendment to Annexation and Planned Unit Development Agreement, OWNER and DEVELOPER, their successors and assigns, shall be permitted to subdivide and develop Lot 4 in Prairie Gardens Subdivision in accordance with the Final Plat of Subdivision, attached hereto and marked as Exhibit 4) The parties acknowledges that it is the intention of the DEVELOPER and OWNER, and future developers, to divide each of the lots and the commercial buildings to be constructed thereon into separate units to accommodate individual ownership of each of the commercial units in the buildings. The parties acknowledge and agree that no further or additional subdivision plat shall be required in order to comply with the requirements of the Illinois Plat Act and acknowledge and agree that the subdivision has or will be constructed and developed in accordance with the Illinois Plat Act, thus permitting the recording of separate deeds of ownership to each of the individual commercial units without further subdivision plat. 5) The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby. 6) Any prior Agreement between the parties or parts thereof in conflict with the provisions of this Agreement are null and void as to the extent of such conflict. This Agreement shall be in full force and effect from and after its execution, passage and approval as provided by law. IN WITNESS WHEREOF the undersigned have hereunto set their hands and seals this day of , 2005. OWNERS/DEVELOPERS UNITED CITY OF YORKVILLE Kendall County, Illinois S & K Development, LLC BY: BY: Mayor Richard Stanciu, Member AT 1'EST: City Clerk WINDHAM DEVELOPMENT CO, INC. BY: PREPARED BY: Thomas W. Grant Attorney at Law 200 Hillcrest Ave. P.O. Box 326 Yorkville, IL 60560 (630) 553-0088 Atty. Reg. No. 01035002 C:\Shared\Real Estate\PRAIRIE GARDEN LOT 4 PUD AMENDMENT.rtf 03/01/2005 11:29 FAX 830 284 1310 DUGGAN LAW OFFICES [x]005/014 PL. b11 C. ika 1 E'1C' • • ANNEXATION AGREEMENT with DONALD J. HAMMAN and CAROL S. HAMMAN and THE UNITED CITY OF YORKVILLE WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN, OWNERS/DEVELOPERS of the property described in Exhibit"A"(hereinafter OWNERS/DEVELOPERS)have requested the UNITED CITY OF YORKVILLE,Kendall County, Illinois(hereinafter CITY) to annex the said real property into the CITY; and its Plan Commission has considered the Petition; and the Plan Commission has heretofore approved the proposed land uses and the zoning of the same; the Subject Property is illustrated on the survey of Atweil-Hicks, inc. dated May 23, 2003, Exhibit"H", and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which Exhibit real property heretofore described in Exhibit"A" will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibit"A"will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of and the development of all the"Subject Property" and have had public meeting with 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 th.e statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants • herein contained, the parties agree,under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING: A. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit"A" and the CITY in said ordinance shall zone the real property described on Exhibit"CITY", • subject to the further terms of this Agreement as M-2, General Manufacturing District, with the specific Special Uses as permitted uses as designated in the attached Annexation Plat incorporated herein as Exhibit "B", and as illustrated on the Zoning Exhibit by Schoppe and Associates, Exhibit"G." • Said zoning shall allow the uses,size, density, areas, coverage, and maximum building heights as set forth on Exhibit "D", M-2, General Page 3 of 12 03/01/2005 11:30 FAX 890 264 1310 DUGGAN LAW OFFICES U008/014 Manufacturing District, and said real property shall be used an developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. B. The CITY shall adopt an ordinance providing that zoning for that portion of the real property described on said Exhibit"C"which is the 51.389 acres of the Subject Property at the south east corner of the intersection of Eldemain and Corneils Roads, Parcel 5 on Exhibit"H', shall, upon • application by OWNERS/DEVELOPER,revert to R-2 Single Family Residential District if no portion of it is used as M-2, General Manufacturing within five(5)years of the date of annexation. • C. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit"F", R-2 Single Family Residential District, and said real property shall be used and developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. 2. The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A"to the CITY,and developing the real property described in the attached Exhibit"G", and CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS and CITY which shall provide that upon approval and execution of this Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat of Dedication of right-of-way incorporated herein as Exhibit "E". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The roadway on the subject property shall be designed and constructed to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class Il Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring aggregate trucks, and heavy construction vehicles. B. This Agreement between the CITY and OWNERS/DEVELOPERS Page 4 of 12 03/01/2005 11:30 FAX 830 284 1310 DUGGAN LAW OFFICES 0007/014 specifically grants authority by OWNERS/DEVELOPERS: i. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including,but not limited to telephone, electric and gas through said area. ii. Consent to the rebate of sales tax revenue to OWNERS/DEVELOPERS this development and Annexation Agreement with the CITY, as to sales tax revenues generated on the areas zoned M-2 General Manufacturing District in this Agreement, in order for OWNERS/DEVELOPERS to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPERS real property described in Exhibit"G". 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied,the OWNERS/DEVELOPERS shall comply, in all respects,with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits `B"and"0" can be done in phases or units. B. If at the time of development, the existing CITY dedications, easements and right-of-way are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary,to acquire such easements and right-of-ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the subject property being developed, and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the rebate amounts described in this Annexation Agreement and reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated on the site. C. Storm water detention facilities can be constructed in stages with capacity for Storm water detention facilities based upon th.e need of each phase or unit as developed taking into account the detention capacity that is required on OWNERS/DEVELOPERS' real property to serve the parcel. • Page 5 of 12 03/01/2005 11:30 FAX 830 264 1310 DUGGAN LAW OFFICES U008/014 D. OWNERS/DEVELOPERS shall require in any lease or contract of sale license to the batch plant operator or other special use approved on the Subject Property that all or any sales from the concrete batch plant or other Special Use shall be invoiced from the subject property and that all sales tax be reported as received at the subject property. E. Except as otherwise provided in this Agreement,no change,modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the subject property,the bulk regulations, including,but not limited to setback, yard,height,FAR and frontage requirement,contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes, andlike ordinances which are non- monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement,the OWNERS/DEVELOPERS shall comply in all respect with the conditions and requirements of all ordinance of the CITY applicable against property similarly situated and zoned within the CITY as such ordinance may exist from time to time subsequent to Annexation to the CITY, provided, however,notwithstanding any other provision of this Agreement, if there are changes to said ordinance, regulations, or codes which are less restrictive in their applications to similarly situated and zoned lands,then the OWNERS/DEVELOPERS, at their election,shall be entitled to like treatment with respect to the subject property being annexed herein. F. It is understood and agreed that all subsequent amendments of this Agreement, plats of subdivision, or any development of the subject property may be obtained for all or any portion of the subject property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the subject property not included in the afore described actions. G. i. It is agreed that other than the existing ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees,transition fees to the • CITY and YORKVILLE School District, and review fees in the event any portion of the subject property is developed for residential purposes,that no additional fees or donations will be Page 6 of 12 03/01/2005 11:30 FAX 830 264 1310 DUGGAN LAW OFFICES 0009/014 required by the CITY from OWNERS/DEVELOPERS, except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of • any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. • H. • i. The parties hereto agree that the subject property may continue to be used for existing agricultural uses until the subject property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters of credit are delivered to the CITY,the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portionof said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots, and/or buildings , but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads)to the lots for emergency vehicles; and have provided sufficient water supplies for fire fighting purposes. However, all off-site and on-site improvements (except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued for said lot or building and the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each recorded.Final Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNERS/DEVELOPERS in the procurement and/or execution of Page 7 of 12 03/01/2005 11:30 FAX 630 264 1310 DUGGAN LAW OFFICES U010/014 the necessary permits from the appropriate government bodies to • allow the construction of the street access from the subject property • for the development of the subject property. iv. It is specifically understood and agreed that the OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell,transfer,mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts,partnerships, firms,or corporation for investment, building, financing, developing and all such purposes, and that said persons,mists,partnerships, firms or corporations shall be entitled to the same rights and privileges and shall.have the same obligations as the OWNERS/DEVELOPERS have under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS/DEVELOPERS on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. v. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort, including the calling of special meetings, • to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY,its corporate authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statutes of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by • a Court of competent jurisdiction,then said provision shall be excised therefrom and the remainder of the Agreement shall not be affected thereby. 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit"A"when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District,and • Page 8 of 12 03/01/2005 11:30 FAX 830 264 1310 DUGGAN LAW OFFICES 0011/014 further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. B. CITY and OWNERS/DEVELOPERS agree that the teens and conditions of this • Agreement are contingent upon OWNERS/DEVELOPERS and CITY entering into this Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel"A"of OWNERS/DEVELOPERS and the real property described in this Agreement. 6. NOTICES: Any notice required or permitted by the provisions of tbi.s Agreement shall be in writing and shall be deemed effectively given on the date of personal delivery or confirmed telefacsimile transmission or on the second business day following deposit in the U. S. mail, certified or registered, return receipt requested,postage prepaid, and addressed to the Parties at the following addresses,or at such other addresses as the Parties may,by notice, designate: If to the City: City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax (630) 553-7575 Attn: Anton Graff,City Administrator With a copy to: John Wyeth Attorney for City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax (630) 553-7575 jwyeth@yorkville.il.us yorkville.il.us Page 9 of 12 03/01/2005 11:31 FAX 630 284 1310 DUGGAN LAW OFFICES 0012/014 If to Owner: Donald J. Hamman 13351 B taxon Road Plano, IL 60545 630) 554-9101 Fax: (630)554-9181 With a copy to: John P. Duggan Duggan Law Offices 181 S. Lincolnway P.O.Box 273 • North Aurora,IL 60542-0273 • (630) 264-7893 Fax (630) 264-1310 dugganjpd@aol.com 7. ENFORCEABILITY This Agreement shall be enforceable ill any Court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of • said Agreement becomes unenforceable due to any change in.Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall be exercised therefrom and the remaining portions thereof shall remain in full force and effect. 8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF,the Parties have executed this Agreement on the date first above written and,by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY OF YORKVILLE, an Illinois OWNERS: municipal corporation, DONALD J. HAMMAN, CAROL S. HAMMAN and FIVE H,LLC By: Arthur Prochaska, Jr., Mayor DONALD J. HAMMAN Attest: City Clerk CAROL S. HAMMAN • Page 1.0 of 12 03/01/2005 11:31 FAX 630 264 1310 DUGGAN LAW OFFICES 0013/014 FIVE H, LLC By: DONALD J. HAMMAN,its Manager • STATE OF ILLINOIS ) SS. COUNTY OF KENDALL ) I, the undersigned, a Notary Public in and for said County,in the State aforesaid, DO HEREBY CERTIFY, that Arthur Prochaska,Jr., Mayor of the City of Yorkville and Jackie • Milschewski, City Clerk of said City,personally known to me to be the same persons whose names are subscribed to the foregoing instrument as acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the City, did affix the corporate seal of said City to said instrument as her own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I,the undersigned, a Notary Public in and for said County,in the State aforesaid, DO HEREBY CERTIFY that Donald J. Hamman,individually and as manager of Five H, LLC,and Carol S. Harriman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instruments as such, appeared before me this day in person and • acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of,said corporation, for the uses and purposes therein set forth.. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public • Page 11 of 12 03/01/2005 11:31 FAX 630 264 1310 DUGGAN LAW OFFICES R1014/014 EXHIBIT LIST Exhibit"A" Legal Description of the entire parcel,the Subject Property Exhibit"B" Plat of Annexation Exhibit "C" Legal Description of Parcel 5 Exhibit"D" M-2 General Manufacturing District Ordinance Exhibit"F' Plat of Dedication Exhibit"F" R-2 Single Family Residential District Ordinance Exhibit "G" Zoning Exhibit Exhibit "1-1" Survey • Page 12 of 12 ANNEXATION AGREEMENT FOR PROPERTY COMMONLY KNOWN AS 9211 WEST ROUTE 126 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF 2005, BY AND BETWEEN THE UNITED CITY OF YORKVILLE, AN ILLINOIS MUNICIPAL CORPORATION (HEREINAFTER REFERRED TO AS "CITY") , LANDSCAPE DEPOT OF YOIRKVILLE LLC AND ARTHUR MEINZER (HEREINAFTER REFERRED TO AS "OWNER") : WITNESSETH WHEREAS, THE OWNER IS THE RECORD OWNER OF THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN (HEREINAFTER REFERRED TO AS THE "SUBJECT PROPERTY") ; WHEREAS, THE DEVELOPER PROPOSES TO DEVELOP THE SUBJECT PROPERTY FOR THE SALE OF LANDSCAPE AND NURSERY PRODUCTS AS WELL AS LANDSCAPE DESIGN SERVICES; WHEREAS, THE SUBJECT PROPERTY IS ADJACENT TO AND CONTIGUOUS TO THE EXISTING CORPORATE BOUNDARY OF THE CITY BUT IS NOT SITUATED WITHIN THE LIMITS OF ANY MUNICIPALITY; WHEREAS, OWNER DESIRES TO HAVE THE SUBJECT PROPERTY ANNEXED TO THE CITY AND DESIRES TO HAVE THE SUBJECT PROPERTY ZONED AND DEVELOPED FOR THE SALE OF LANDSCAPE AND NURSERY PRODUCTS AS WELL AS LANDSCAPE DESIGN SERVICES; WHEREAS, THE SUBJECT PROPERTY IS APPROXIMATELY 5. 0 ACRES, AND NO ELECTORS RESIDE THEREON; WHEREAS, PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 7-1-8 OF THE ILLINOIS MUNICIPAL CODE A PETITION FOR ANNEXATION EXECUTED BY THE OWNER AND ALL ELECTORS, IF ANY, RESIDING ON THE SUBJECT PROPERTY REQUESTING THE ANNEXATION OF THE SUBJECT PROPERTY HAS BEEN FILED WITH THE CITY CLERK OF THE UNITED CITY OF YORKVILLE; WHEREAS, PROPER APPLICATIONS HAVE BEEN FILED WITH THE CITY FOR THE ANNEXATION AND REZONING FOR THE SUBJECT PROPERTY; WHEREAS, THE CITY, AND THE OWNER DESIRE TO ENTER INTO THIS AGREEMENT PURSUANT TO THE PROVISIONS OF DIVISION 15. 1 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE TO REGULATE THE ANNEXATION, ZONING AND DEVELOPMENT OF THE SUBJECT PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT; WHEREAS, A PUBLIC HEARING WAS HELD ON FEBRUARY 9, 2005, BEFORE THE PLAN COMMISSION OF THE UNITED CITY OF YORKVILLE TO CONSIDER APPROVAL OF APPLICATION FOR REZONING FROM R-1 TO B-3; WHEREAS, A PUBLIC HEARING ON THIS ANNEXATION AGREEMENT ("AGREEMENT") HAS BEEN HELD BY THE CORPORATE AUTHORITIES OF THE CITY ON MARCH 22, 2005; WHEREAS, ALL NOTICES, PUBLICATIONS, PROCEDURES, PUBLIC HEARINGS AND OTHER MATTERS ATTENDED TO THE CONSIDERATION AND APPROVAL AND EXECUTION OF THIS AGREEMENT HAVE BEEN GIVEN, MADE, HELD AND PERFORMED AS REQUIRED BY SECTION 7-1-8 AND DIVISION 15. 1 OF ARTICLE 11 AND ALL OTHER APPLICABLE STATUTES AND AS REQUIRED BY TITLE 10, CHAPTER 14, SECTION 8 OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE AND ALL OTHER APPLICABLE ORDINANCES, REGULATIONS AND 2 PROCEDURES OF THE CITY; WHEREAS, THE CITY ACKNOWLEDGES THAT THE AGREEMENT OF THE OWNER TO ANNEX THE PROPERTY TO THE CITY WILL EXTEND THE CORPORATE LIMITS AND JURISDICTION OF THE CITY, WILL PERMIT ORDERLY GROWTH, PLANNING AND DEVELOPMENT OF THE CITY, WILL INCREASE THE TAX BASE OF THE CITY, WILL PROMOTE AND ENHANCE THE GENERAL WELFARE OF THE CITY AND THAT THE REZONING FROM R-1 TO B-3 APPROVAL FOR THE SUBJECT PROPERTY AS PROPOSED BY THE OWNER WILL BE COMPATIBLE WITH THE ADJACENT LAND USES AND THE PLANNING AND ZONING OBJECTIVES OF THE CITY; AND WHEREAS, THE MAYOR AND CITY COUNCIL OF THE CITY HAVE, BY A VOTE OF TWO-THIRDS OF THE CORPORATE AUTHORITIES CURRENTLY HOLDING OFFICE DIRECTED THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS AGREEMENT ON BEHALF OF THE CITY. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL COVENANTS CONTAINED HEREIN, THE AND THE OWNER HEREBY AGREE AS FOLLOWS: 1 . RECITALS: THE CITY AND THE OWNER AGREE THAT THE FOREGOING RECITALS ARE INCORPORATED HEREIN AS IF FULLY SET FORTH. 2 . ANNEXATION: UPON EXECUTION OF THIS AGREEMENT, THE CITY WILL ENACT AN ORDINANCE ANNEXING THE SUBJECT PROPERTY TO THE CITY. AFTER THE SUBJECT PROPERTY IS ANNEXED TO THE CITY, THE OWNER SHALL NOT PURSUE DISCONNECTION OF THE SUBJECT PROPERTY FROM THE CITY. 3 . ZONING: AT THE NEXT REGULAR MEETING SUBSEQUENT TO ANNEXATION OF THE SUBJECT PROPERTY, THE CITY SHALL ADOPT AN ORDINANCE REZONING THE SUBJECT PROPERTY FROM R-1 TO B-3 . 3 4 . PLAN OF DEVELOPMENT: THE CITY AND OWNER RECOGNIZE THAT THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) HAS PROPOSED, AND IS PLANNING FOR, THE REALIGNMENT OF THE INTERSECTION OF ILLINOIS STATE HIGHWAYS 126 AND 71 (ROUTE 126 REALIGNMENT) WHICH AFFECTS THE ABILITY OF THE OWNER TO BEGIN DEVELOPMENT AND CONSTRUCTION OF THE BUILDINGS, STRUCTURES, PARKING AREAS, UTILITIES, SIGNAGE, LANDSCAPING AND IMPROVEMENTS (COLLECTIVELY, "DEVELOPMENT IMPROVEMENTS") ON THE SUBJECT PROPERTY IMMEDIATELY AFTER THE ANNEXATION AND REZONING IS APPROVED BY THE CITY. IT IS ANTICIPATED THAT IF IDOT PROCEEDS WITH CONSTRUCTION OF THE ROUTE 126 REALIGNMENT, IT WILL NOT BE COMPLETED FOR AT LEAST ONE (1) TO THREE (3) YEARS AFTER THIS AGREEMENT IS IN EFFECT. A. UNTIL THE ROUTE 126 REALIGNMENT IS COMPLETED, THE CITY SHALL ALLOW THE OWNER TO DEVELOP THE SUBJECT PROPERTY WITH TEMPORARY DEVELOPMENT IMPROVEMENTS PURSUANT TO A DEVELOPMENT PLAN SUBMITTED TO, AND APPROVED BY, THE CITY. B. WITHIN SIX (6) MONTHS OF THE EARLIER TO OCCUR OF THE FOLLOWING EVENTS, OWNER SHALL SUBMIT PLANS TO THE CITY FOR APPROVAL OF PERMANENT DEVELOPMENT IMPROVEMENTS: 1 . COMPLETION BY IDOT OF THE ROUTE 126 REALIGNMENT; 2 . COMPLETION BY IDOT OF A REVISED REALIGNMENT PLAN FOR ILLINOIS STATE HIGHWAY 126 AND 71; 4 3. ABANDONMENT OF THE ROUTE 126 REALIGNMENT BY IDOT PURSUANT TO PUBLIC STATEMENT ISSUED BY IDOT. C. DESIGN CRITERIA: ALL DEVELOPMENT IMPROVEMENTS OF ANY KIND UPON THE SUBJECT PROPERTY SHALL BE ERECTED, INSTALLED, CONSTRUCTED AND MAINTAINED BY THE OWNER IN ACCORDANCE WITH PLANS SUBMITTED TO AND APPROVED BY THE CITY. 5 . UTILITIES; EXISTING WELL AND SEPTIC: THE CITY PROVIDES THE WATER SYSTEM FOR THE SUBJECT PROPERTY AND THE SANITARY SEWER SYSTEM FOR THE SUBJECT PROPERTY IS SERVED BY THE YORKVILLE BRISTOL SANITARY DISTRICT. THE OWNER AGREES TO ERECT, CONSTRUCT AND INSTALL A WATER AND SANITARY SEWER SYSTEM IN ACCORDANCE WITH THE REQUIREMENTS OF AND AGREEMENT OF THE CITY AND THE YORKVILLE BRISTOL SANITARY DISTRICT, AS APPLICABLE, SUBJECT TO THE CONDITIONS BELOW. A. IN RECOGNITION OF THE NATURE OF OWNER' S BUSINESS THAT WILL INCLUDE THE SALE OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK, THE OWNER SHALL BE ALLOWED TO CONTINUE USE OF THE EXISTING WELL AND SEPTIC FACILITIES ON THE SUBJECT PROPERTY, INCLUDING, BUT NOT LIMITED TO, ALL NECESSARY WORK, DESIGN AND CONSTRUCTION ON OR UPON THESE FACILTIES TO MODERNIZE, MODIFY AND ADAPT THE SYSTEMS TO BE FUNCTIONAL FOR OWNER' S PURPOSES, WHICH PURPOSES INCLUDE POTABLE WATER SUPPLY AND SUPPLY OF WATER 5 FOR WATERING AND MAINTENANCE OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK. B. OWNER CURRENTLY INTENDS TO INSTALL A POND AND WATER DISPLAY ON THE SUBJECT PROPERTY AS PART OF A CUSTOMER DISPLAY OF LANDSCAPING PLANS AND PRODUCTS PROVIDED BY OWNER' S BUSINESS. THE POND MAY ALSO BE INCLUDED IN IDOT' S ROUTE 126 REALIGNMENT PLANS AND SUBJECT TO AN AGREEMENT BETWEEN IDOT AND THE OWNER. THE POND MAY ALSO BE NECESSARY FOR STORMWATER MANAGEMENT PURPOSES. THE CITY AGREES TO ALLOW OWNER, TO THE EXTENT FEASIBLE, TO PLAN, DEVELOP AND USE THE POND AS PART OF THE WATER SUPPLY FOR THE WATERING AND MAINTENANCE OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK, BUT NOT THE POTABLE WATER USE, ON THE SUBJECT PROPERTY. C. OWNER SHALL BE ALLOWED TO USE THE WELL AS A SOURCE OF POTABLE WATER FOR THE SUBJECT PROPERTY AS LONG AS THE WELL REMAINS IN COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND ORDINANCES. 6. STORMWATER MANAGEMENT FACILITIES: THE OWNER AGREES TO CONSTRUCT, INSTALL AND MAINTAIN STORMWATER MANAGEMENT FACILITIES IN ACCORDANCE WITH, AND APPROVAL OF, THE CITY AND SUCH OTHER GOVERNMENTAL AGENCIES AS MAY HAVE JURISDICTION. THE OWNER SHALL DEDICATE TO THE CITY OR ACQUIRE FOR THE CITY, AS NECESSARY, ALL 6 EASEMENTS REQUIRED BY THE CITY FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF THE STORMWATER MANAGEMENT FACILITIES . 7 . REIMBURSEMENT OF FEES: THE OWNER AND SUCCESSORS IN TITLE SHALL BE JOINTLY AND SEVERALLY LIABLE TO REIMBURSE THE CITY FOR ALL PROFESSIONAL SERVICE FEES AND OTHER COSTS CONTEMPLATED IN SECTION OF THE CITY CODE WHICH HAVE BEEN INCURRED AS A RESULT OF THE PETITIONS OR OTHER CONSIDERATION OF THE DEVELOPMENT OR THE SUBJECT PROPERTY. IN ANY EVENT, THE OBLIGATION OF THE OWNER PURSUANT TO THIS SECTION IS LIMITED TO $ 8 . SIGNAGE: THE OWNER AGREE TO FORBEAR FROM ERECTING OR CONSTRUCTING OR ALLOWING ANOTHER TO CONSTRUCT ANY SIGN OF ANY KIND OR NATURE AT ANY LOCATION ON THE SUBJECT PROPERTY EXCEPT THOSE SIGNS WHICH COMPLY WITH THE CITY CODE OR THOSE WHICH HAVE BEEN APPROVED PURSUANT TO VARIATION PROCEDURES OF THE CITY CODE. 9. REMEDIES: UPON A BREACH OF THIS AGREEMENT, ANY OF THE PARTIES, IN ANY COURT OF COMPETENT JURISDICTION, BY AN ACTION OR PROCEEDING IN EQUITY, MAY SECURE RESCISSION, A DECLARATORY JUDGMENT OR THE SPECIFIC PERFORMANCE OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED. THESE SHALL BE THE SOLE REMEDIES AVAILABLE TO THE PARTIES. MONETARY DAMAGE REMEDIES ARE HEREBY EXPRESSLY EXCLUDED. BEFORE ANY FAILURE OF ANY PARTY TO THIS AGREEMENT TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT SHALL BE DEEMED TO BE A BREACH OF THIS AGREEMENT, THE PARTY CLAIMING SUCH FAILURE SHALL NOTIFY, IN WRITING, THE PARTY ALLEGED TO HAVE FAILED TO PERFORM THE ALLEGED FAILURE AND SHALL DEMAND PERFORMANCE. NO BREACH OF THIS AGREEMENT 7 MAY BE FOUND TO HAVE OCCURRED IF PERFORMANCE HAS COMMENCED TO THE SATISFACTION OF THE COMPLAINING PARTY WITHIN THIRTY (30) DAYS OF RECEIPT OF SUCH NOTICE AND IS BEING CONTINUOUSLY AND DILIGENTLY PURSUED. 10. ADDRESS FOR NOTICES: ALL NOTICES AND OTHER COMMUNICATIONS IN CONNECTION WITH THE AGREEMENT SHALL BE IN WRITING, AND ANY NOTICE, COMMUNICATION OR PAYMENT HEREUNDER SHALL BE DEEMED DELIVERED TO THE ADDRESSES THEREOF TWO (2) DAYS AFTER DEPOSIT IN ANY MAIN OR BRANCH UNITED STATES POST OFFICE, CERTIFIED OR REGISTERED MAIL, POSTAGE PREPAID, OR ONE (1) DAY AFTER DEPOSIT THEREOF WITH ANY NATIONALLY KNOWN AND REPUTABLE OVERNIGHT COURIER SERVICE, DELIVERY CHARGES PREPAID, OR ON THE DATE OF DELIVERY, IF PERSONALLY DELIVERED, IN ANY CASE, ADDRESSED TO THE PARTIES RESPECTIVELY AS FOLLOWS: IF TO OWNER: LANDSCAPE DEPOT OF YORKVILLE LLC ATTENTION: ARTHUR MEIZNER 21 W 450 NORTH AVENUE LOMBARD, IL 60148 WITH COPY TO: NEIL T. GOLTERMANN MOMKUS MCCLUSKEY MONROE MARSH & SPYRATOS 3051 OAK GROVE DR. , SUITE 220 DOWNERS GROVE, IL 60515 IF TO CITY: UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 ATTN: CITY CLERK BY NOTICE COMPLYING WITH THE REQUIREMENT OF THIS PARAGRAPH, EACH PARTY SHALL HAVE THE RIGHT TO CHANGE THE ADDRESS OR ADDRESSES FOR ALL FURTHER NOTICES, OTHER COMMUNICATIONS AND PAYMENT TO SUCH PARTY; PROVIDED, HOWEVER, THAT NOTICE OF A CHANGE OF ADDRESS, 8 ADDRESSEE OR BOTH SHALL NOT BE EFFECTIVE UNTIL ACTUALLY RECEIVED. 11 . AMENDMENT: THE PARTIES AGREE THAT THIS AGREEMENT AND ANY EXHIBITS ATTACHED HERETO MAY BE AMENDED ONLY BY THE MUTUAL CONSENT OF THE PARTIES, AND BY ADOPTION OF AN ORDINANCE OR RESOLUTION BY THE CITY APPROVING SAID AMENDMENT AS PROVIDED BY LAW, AND THE EXECUTION OF SAID AMENDMENT BY THE PARTIES OR THEIR SUCCESSORS IN INTEREST. 12 . SEVERABILITY: IF ANY PROVISION, COVENANT OR PORTION OF THIS AGREEMENT OR ITS APPLICATION TO ANY PERSON, ENTITY OR PROPERTY IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE APPLICATION OR VALIDITY OF ANY OTHER PROVISIONS, COVENANTS OR PORTIONS OF THIS AGREEMENT, AND TO THAT END, ALL PROVISIONS, COVENANTS AND PORTIONS OF THIS AGREEMENT ARE DECLARED TO BE SEVERABLE. 13 . NO WAIVER OF RIGHT TO ENFORCE AGREEMENT: FAILURE OF ANY PARTY TO THIS AGREEMENT 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. 14 . ENTIRE AGREEMENT: THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS, NEGOTIATIONS AND EXHIBITS AND IS A FULL INTEGRATION OF THE ENTIRE AGREEMENT OF THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. 9 15. SURVIVAL: THE PROVISIONS CONTAINED IN THIS AGREEMENT SHALL SURVIVE THE ANNEXATION OF THE PROPERTY AND SHALL NOT BE MERGED OR EXPUNGED BY THE ANNEXATION OF THE PROPERTY OR ANY PART THEREOF TO THE CITY. 16. SUCCESSORS AND ASSIGNS: THIS AGREEMENT SHALL RUN WITH THE LAND AND INURE TO THE BENEFIT OF, AND BE BINDING UPON, THE SUCCESSORS IN TITLE OF THE OWNER AND THEIR RESPECTIVE SUCCESSORS, GRANTEES, LESSEES, AND ASSIGNS, AND UPON SUCCESSOR CORPORATE AUTHORITIES OF THE CITY AND SUCCESSOR MUNICIPALITIES. 17 . TERM OF AGREEMENT: THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FOR THE FULL STATUTORY TERM OF TWENTY (20) YEARS, COMMENCING AS OF THE DATE HEREOF, AND FOR SUCH FURTHER TERM AS MAY HEREINAFTER BE AUTHORIZED BY STATUTE OR BY ORDINANCE OF THE CITY. 18 . COUNTERPARTS: THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF WHICH SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE FIRST ABOVE WRITTEN. UNITED CITY OF YORKVILLE, An Illinois Municipal corporation ARTHUR PROSHASKA, JR. MAYOR 10 ATTEST: JACKIE MILSCHEWSKI CITY Clerk OWNER: LANDSCAPE DEPOT OF YORKVILLE LLC BY: ARTHUR MEINZER, MANAGER SUBSCRIBED AND SWORN to before me this day of , 2005. Notary Public SCHEDULE OF EXHIBITS EXHIBIT A - LEGAL DESCRIPTION W:\1_20\1881.040496\Docs\Annexation Agreement\drl.doc EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPLE MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 157.0 FEET;THENCE SOUTH ALONG A LINE WHICH FORMS AN ANGLE OF 130° 28' 00"WITH THE LAST DECSRIBED COURSE MEASURED COUNTER- CLOCKWISE THEREFROM, 444.03 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 709.43 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST ALONG SAIND NORTH LINE 890.28 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN 05-04-400-003 ADDRESS; 9211 WEST ROUTE 126, YORKVILLE, ILLINOIS DRAFT UNITED CITY OF YORKVILLE Page 1 of 6 City Council Goal Setting Session Saturday,January 29,2005 City Council Conference Room 9:00 am City Members Present: Mayor Prochaska Alderman Besco (left at 10:12am) Alderwoman Burd Alderman James Alderman Kot City Treasurer Bill Powell(left at 10:35am) Alderwoman Spears Alderman Sticka Guests: Mr. Tony Scott—Kendall County Record—(630)553-7034 The meeting was called to order at 9:07 a.m. by Mayor Art Prochaska. He started off the meeting stating that they were going to use the 2004 Goal Setting Outline as a guideline to see what needs to be left on and what items were completed as well as adding any needs they agreed should be addressed over the next year. The Final 2005 Outline is in its entirety at the end of these notes. Mayor Prochaska pointed that out one of the previous goals of building a new Library, from the 2004 goals, could be omitted due to the referendum passing and the fact that it will now be built. Alderman Sticka added that he wanted to combine the new Library with bringing in a new waste transfer station so that it should state `bring in a waste transfer station and let that pay for the new library instead of raising property taxes by setting aside the revenue the transfer station brings in'. The Committee agreed this is a worthy goal and under Finance#4 it will be added: Use waste transfer revenue or determine other revenue to pay for Library. The Council will also leave in under E. Economic Development as#1)Bring in waste transfer station. Mayor Prochaska moved on to state that one of the questions Staff had was what did the Council mean by B.1. Encourage Retail. They were questioning what the Council is okay with the Staff doing and the intents of this goal. Mayor Prochaska stated that he thought an objective to this could be to create an incentive program for the City. This is the question Staff is constantly asking when trying to bring new business into Yorkville. The Mayor is asking that one of the Council's goals will then be to have Staff develop an incentive program for Council to approve at a later date. B1 is changed to -Encourage retail, manufacturing and industrial growth—Create incentive program. The Committee agreed that this is needed due to the competition they see now with neighboring Communities trying to bring new businesses in to the area. The Council agreed that B2—Architectural Standards—will continue since it is an ongoing objective. Page 2 of 6 The Council decided to change B3 to Review development standards instead of define. Mayor Prochaska stated that a sub note to this would be to revisit the various ordinances in place to see if there are any technological reasons to have to make changes. The Council discussed B4 and how they need to continue working on development agreements as needed when properties rezone, not just creating a downtown district. The Council agreed that this was never completed. Alderwoman Burd suggested bringing in property owners to discuss this with them and get their opinions. B4 will change to - Continue use of development agreements for properties being rezoned. City Treasurer Bill Powell suggested with reviewing fees, they should review and compare to the costs to provide services. Mayor Prochaska stated that they do this already for justification of the amount of money. B.5. will be—Review Fees—ongoing. The Council moved on to discuss—begin boundary discussion with Joliet. Mayor Prochaska stated that they have had some contact with Joliet. Joliet does have their plan is out and Yorkville's plan is almost final there is more of a chance to sit down and talk with them. Alderwoman Spears questioned if they were still in discussion with Montgomery. Mayor Prochaska stated there has been a break due to the change of Attorney with the City. B.6. will be—Continue discussion with Montgomery, focus on transportation and land use issues. The Council moved to remove—Control number of bank sites. They all agreed this was not a needed item. The Council brought up a need for an In-house City Planner and determining the needs of a City Attorney. The Council started a new area F. Administration/Staff. F.1. will be— In-house City Planning Dept. and F.2. Will be—Determine needs status for City Attorney (in-house?full-time?). The Council also discussed the needs of the building department. They determined as a group that F.3. Will be—Analyze Building Department for possible in-house and for possible need to relocate. Alderwoman Burd brought up the request to have an Administrative Assistant for the Council members. This person would be in the City Offices for the Council members here to research or just a point of contact for the Council members. The Council members had very split feelings on this item and individually stated their feelings on this as follows: • Alderman Besco stated he was for it. • Alderman Kot stated he did not have a problem with having a person like this, but the City is not quite big enough to see this as a justified cost. • Alderwoman Burd stated she is in full support. • Alderwoman Spears stated she is in full support. Page 3 of 6 • Alderman James stated he felt it is a waste of taxpayer's money to pay for this type of support person for Council members only. He has 100% confidence in the City's Staff for getting the correct information to them. • Alderman Sticka stated he agrees with Mr. James. He feels this makes the City Staff feel not trusted and feels the Staff they have is hard working and trust's them. The Council members had an in-depth discussion on this issue and it was decided to put under F.4.-Determine job description for an administration assistant to provide support for Council Members. The Council moved on to C. Finance for discussion. They decided to keep C.1.as— Create multi-year fmance plan with adding two sub notes. C.1.i.-Future revenue sources. (i.e. fees, EAV increases, etc.) and C.1.ii.-2 year budget(approve 1 year&have concept of 2nd year). They also kept C.2. as Reduce Levy Rate with an addition. C.2. will state— Reduce Levy Rate. (with increase of EAV through new growth). C.3. will change to Maintain fiscal responsibility. C.4. was discussed earlier in the meeting. The Council also chose to add C.5. Find financing for new Public Works facility. Per discussion with Mr. Bill Powell, City Treasure,the Council adds C.6. Improve return on funds. (i.e. C.D. ladder for fund balances, use CD's for reserve Land Cash). The Council moved on D. Expand quality of life services. D.4. had previously been removed from the list. D.1. and D.2. will stay on the list. D.3. (Senior Facilities) will remain with 2 sub notes. D.3.i. will be Ad-hoc Committee for center and D.3.ii. will be encouraging senior housing. The Council continued discussion of maybe senior transportation being put in place and this led to a new section being created. The Council named section A. Transportation Improvements. They set A.1. as Route 47 Improvements, A.2. as Determine other arterial improvement needs, A.3. as Look more at alternative River crossings, A.4. as Transportation for Seniors/Disabled with 2 sub notes of A.4.i. as Partner with other groups(i.e. Senior Services) and A.4.ii.as City purchase vehicle/start program and A.5. will be Business Trolley Pilot Program. The Council moved back up to complete the decisions regarding the rest of section D. The Council will leave on D.5., D.6., and D.7. due to the ongoing work with these items. (These items will all move up one number due to the original D.4. being removed.) The Council will keep D.8. as D.7. Continue planning for Municipal PoolWater Park (possible private/public partnership). They will also keep D.9. as D.8. as Monitor downtown water feature progress. Lastly in section D they decided to add D.9. as Develop partnerships with other service groups and promote educational workshops and seminars. The Council went over section E. Economic Development and found most items would remain as goals for the new year. They kept E.1. and entered a new E.2. as Get Urgent care medical facility, this moved the rest of the list up a number. From here section E Page 4 of 6 will be as follows: E.3.-Strengthen downtown business environment(Downtown redevelopment plan), E.4.-Riverfront Development-continue looking for opportunities, E.S.-Develop partnerships with others including private organizations(possible private/public developments), E.6.-Develop feasibility of attaining post office bldg. downtown—look at possible uses, E.7.-Look at annexing Business properties substantially surrounded by City, E.B.-Encourage burying utilities when land is developed, and E.9.-Encourage business to display City Flag. E.6.-E.9. were all new ideas added to the goal list by the Council and the Mayor. Lastly, the Mayor and the Council looked over the memo sent in by Police Chief Martin and they added section G. Public Safety from his ideas. G.1. is Develop sidewalk program(safe pedestrian routes), G.2. is Implement City Disaster Plan, G.3. is Determine additional security needs for parks and trails(explore formation of park/trails patrol), and G.4. is Develop agreement for the Police to allow City to enforce traffic/safety issues on private commercial properties. The Council took a moment to look over the new ideas and asked that these be posted in the City Offices for a reference throughout the year. This will come back to COW to finalize at a later date. Below you will find the goals in order from the Council's decisions made at this meeting. City Council 2005 "Goal Setting" Session January 29, 2005 A. Transportation Improvements 1. Route 47 improvements 2. Determine other arterial improvement needs 3. Look more at alternate river crossings 4. Transportation for Seniors/Disabled i. Partner with other groups(i.e. Senior Services) ii. City purchase vehicle/start program 5. Business Trolley Pilot Program B. Control Growth 1. Encourage retail, manufacturing/industrial-Create incentive program 2. Architectural Standards—Continue 3. Review development Standards 4. Continue use of development agreements for properties being rezoned 5. Review Fees—ongoing 6. Continue discussion with Montgomery- focus on transportation and land use issues 7. Complete and accept/approve City Facility Plan 8. Approve South Comprehensive Plan C. Finance Page 5 of 6 1. Create Multi-year plan i. Future Revenue sources(i.e. fees, EAV increases, etc.) ii. 2 year budget (approve 1 year and have concept of 2nd year 2. Reduce Levy rate(with increase of EAV through new growth) 3. Maintain fiscal responsibility 4. Use waste transfer revenue or determine other revenue to pay for Library 5. Find financing for new Public Works facility 6. Improve return on funds(i.e. C.D. ladder for fund balances, use C.D.'s for reserve land cash) D. Expand Quality of Life 1. Encourage arts/museums (i.e. development agreements, downtown plan) 2. Greenway buffers, trails, etc. —Continue to encourage 3. Senior Facilities i. Ad-Hoc Committee for Center ii. Encourage Senior housing 4. continue Scout Camp property planning 5. Expand bike trails—continue 6. Secure land for regional parks—continue 7. Continue planning for Municipal PoolWater Park(possible private/public partnership) 8. Monitor downtown water feature progress 9. Develop partnerships with other service groups and promote educational workshops and seminars E. Economic Development 1. Bring in waste transfer station 2. Get urgent care medical facility 3. Strengthen downtown business environment (Downtown redevelopment plan) 4. Riverfront Development—continue looking for opportunities 5. Develop partnerships with others, including private organizations (possible private/public developments) 6. Develop feasibility of attaining Post Office building downtown—look at possible uses. 7. Look at annexing Business properties substantially surrounded by City 8. Encourage burying utilities when land is developed 9. Encourage business to display City Flag F. Administration/Staff 1. In-house City Planning Department 2. Determine needs status for City Attorney(in-house?, full time?) 3. Analyze Building Department for possible in-house and for possible need to relocate 4. Determine job description for an administrative assistant to provide support for Council members. G. Public Safety Page 6 of 6 1. Develop sidewalk program(safe pedestrian routes) 2. Implement City Disaster Plan 3. Determine additional security needs for parks and trails (explore formation of parks/trails patrol) 4. Develop agreement for police to allow City to enforce traffic/safety issues on private commercial properties. Minutes by: Sheila Teausaw Page 1 of 6 DRAFT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE 2004 City Conference Room Tuesday, February 17, 2004— 7:00 p.m. In Attendance: CITY Art Prochaska—Mayor Paul James—Alderman Larry Kot—Alderman Rose Spears—Alderwoman Wanda Ohare—Alderwoman Marty Munns—Alderman Rich Sticka—Alderman(Left 8:12 p.m.) Joe Besco —Alderman Bill Powell- City Treasurer Traci Pleckham—Finance Director Tony Graff—City Administrator Harold Martin—Chief of Police Kelly Kramer— City Attorney's Representative GUESTS Lynn Dubajic—Economic Development Director Mark Baker—Director of SEC Planning Consultants Tom Tristano —Williams Architects Mark Bushhouse—Williams Architects Mike Schoppe— Schoppe Design Associates(SDA) The meeting was called to order at 7:05 p.m. by Mayor Prochaska. PUBLIC HEARINGS: None PRESENTATIONS: 1. South Comprehensive Plan Amendment by Mike Schoppe Mike Schoppe of Schoppe Design Associates with Mark Baker, Director of SEC Planning Consultants, presented the proposal for the Comprehensive Plan Update. They will be incorporating the updated studies and inquiries for the South area of Yorkville. • Task 1 -- Collect, review, and incorporate the existing reports into the plan. The information to be included in the Plan will include the summary map and a brief executive summary of each of the studies. • Task 2 -- A joint meeting with the Plan Commission and City Council to hear the thoughts,objectives, and visions for the property. 1 Page 2 of 6 • Task 3 -- Presented by Mark Baker which is to prepare the land uses. From the analysis and the meetings they will provide the justification for why the land uses are where they are. • Task 4 -- Plan Commission and City Council Workshops to present the recommendations and receive comments. • Task 5 -- Revise the land use map, exhibits and text accordingly. • Task 6 -- Submit a fmal draft of the plan to the Plan Commission for review and approval. • Task 7 -- Submit a fmal draft of the plan to the City Council for review and approval. • Task 8 -- Assemble and deliver the original and the electronic copy to the City. Alderman Sticka would like that whatever goes to the Plan Commission not be altered before it is presented to City Council (Tasks 6 & 7). He would also like to see the compensation figures elaborated a little more—how did they arrived at these numbers. Further, he noted an error on the printed expenses. The cost will be $50.00 per copy instead of$.50 per copy. Mayor Prochaska requested that when they are taking their data collection, to try to get what they can from the City of Joliet, because it is his understanding that a portion of their planning area now actually does over lap Yorkville's planning area in the southeast corner. The desire mentioned at the EDC meeting is to create boundaries surrounding Yorkville with some sort of change from Oswego/Plainfield/Joliet as we transition from one community to another, be it be a band of open space, an agricultural area, or natural features. There was a question if a natural resource inventory assessment was in this general planning area and the answer was that it is already incorporated in the Plan. There was a question on what was envisioned on the staff involvement and the response was that they will be involved on data collection, current inventories that the city has for the different land uses, any proposed projects the growth may impact, and general input. Another question was why will Mike Schoppe be paid $3,000 to attend meetings while Mark Baker is paid $4,500 to attend meetings; would Mark Baker be attending more meetings? It was explained that Mark Baker gets paid more than Mr. Schoppe. Mike Schoppe will give a breakdown of the fees at the next Committee of the Whole. Topic 2-School Site Selection Study In order to plan ahead where various schools should be located, a methodology was developed for calculating the number of anticipated school children coming from the 2 Page 3 of 6 developments per school type for individual properties. This was applied to two of the planning areas north of the Burlington Northern railroad tracks and two sites were selected where schools should be located. It was proposed that the City authorize SDA to prepare the same study for the remaining planning areas. The work is not to exceed $9,500. The school district has agreed to pay $4,800 to do the second half. Mayor Prochaska stressed the importance of the need for this study because land needs to be allotted for the schools so it's there for them. The land is established by where they think the schools will be needed due to the number of children coming from the various upcoming developments. There was a question why the school district was not involved in the planning, but it was indicated that the school is giving input into this. The school site selection study was included in the revised budget. Mayor Prochaska asked the Council for their approval to take this to the City Council meeting subject to the $4,800.00 from the District. This item will move forward to City Council meeting on the consent agenda. 2. Building Closeout Report by Mark Bushhouse of Williams Architects Tom Tristano and Mark Bushhouse of William Architects presented the three phases of development (Phase I—Lower Lever, Phase II—Main Level, Phase III—Council Chambers) The targeted start and finished dates verses the actual start and finish dates on the handout were reviewed. They apologized for being prudent and not asking for soil borings to foresee the poor soil conditions which were the cause for the delay in Phase III. Overall, the project was completed on schedule. They completed the work under budget, returning back to the City $43,293.00. They are still assessing the current generator to see if it will hold the load. They will be doing a load test and will get some recommendations about the type of generator that might be needed to upgrade to handle a full building in operation load. No formal action was taken. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: (This is a new item to move the meeting along quicker for such things as police and water reports which must unanimously come out of the committee.) None. MAYOR: 1. Coffee with the Mayer: There will be a meeting a Book N'Around from 9:30— 11:30 a.m. and a ribbon cutting ceremony at Union Bank on Saturday, February 21, 2004 at 1:00 p.m. 3 Page 4 of 6 2. Community Relations Manager Job Description: There will be a combination of education and related experience considered in lieu of degree. This item will move forward to the City Council meeting on the consent agenda. 3. City Council Packets: February 24, 2004 City Council Packets will be prepared and distributed on Thursday, 2/19/04. ADHOC TECHNOLOGY COMMITTEE: 1. RFP Technology Recommendation: Finance Director Traci Pleckham received a Bid Analysis Summary from 4 vendors. Included with this are the cost for the boring between the three facilities (the City Hall, the library and the Beecher Center) The Adhoc Committee's recommendation is to go with E2 Services who presented the lowest bid ($20,100) and met the requirements of RFP. It was recommended the VPN connections be delayed until a later date. It was brought up to get an estimate of long-term maintenance service so there will be an estimate in the budget. The contingency budget will be brought back to COW on March 16. 2. SPS Service Support Agreement: This is to provide on-site service, programming, unlimited telephone, and e-mail support based on a book of hours for the year. For the year they will have 100 hours of support. It was mentioned that usually more than 100 hours is needed. This item will be forwarded to City Council meeting on the consent agenda. ECONOMIC DEVELOPMENT COMMITTEE: 1. Progress Holdings PUD Agreement& Final Plat: Wade Joyner of Progressive Holdings, LLC presented. Alderman Sticka indicated that there was insufficient information and errors in the documents that were given to the Committee and suggested that this should be tabled. Revised exhibits will need to be completed by Thursday for City Council Agenda or else it will not be placed on the agenda. There was a question if there was storm water detention and it was explained that there is underground detention. PARK BOARD: No Report PUBLIC WORKS COMMITTEE: 1. Subdivision Control Ordinance: This was reviewed and everyone was satisfied. Under the violation section of the Illinois Municipal Code the City is not authorized to fine daily, only weekly. This will be tabled to the March 16th COW meeting because there are more rules that may need to be incorporated in the subdivision control. 4 Page 5 of 6 PUBLIC SAFETY COMMITTEE: No Report ADMINISTRATION COMMITTEE: 1. Detail Board Report(Bill List): Alderman(hare pointed out the misspelling of "minutes"throughout the Bill List. She also questioned why there was a late fee applied to the City's charge card and asked if we could get it waived or else look into getting a different charge card so they are not charged this additional fee each month. This item will be forwarded to City Council meeting. 2. Tax Abatement Ordinance for Fox Industrial Park: This is an annual ordinance to abate the taxes which must be filed by the county by February 28, 2004. Committee recommended that it be placed on the Consent Agenda. 3. 3.5 Million Countryside Interceptor Alternate Revenue Bond: The bond sale will be February 24, 2004. The attorney has the documents. This is a 15-year bond that is callable in six years which means it can be paid early. If all the development fees come in as anticipated,the funds will be available to pay the bond off early. This item moves forward to City Council meeting for vote. 4. 1.6 Million Com Ed Sewer Debt Certificate—Admin 2/12/04 This is a bond for finishing up the Hydraulic River Crossing for the sewer to go south to Raintree Village and Route 47. The developer's portion is $3.2 million and the City portion is $1.6 million. The City can collect fees from future developments to apply to this. This is an area where there was no sanitary service so it will be a recapture account. This is a 10 year bond and the bond sale is scheduled for February 24, 2004. This item moves forward to City Council meeting for vote. 5. Proposing Ordinances for Grande Reserve SSA: Grand Reserve is able to issue up to $60 million in Special Service Area bonds. They will not be using it all at once. They are looking at three different parcels, the north, central and south parcels. They will issue one north SSA,two central SSA's, one south SSA and one overall SSA. The first SSA will be the central one for $15 million, and an overall variable rate SSA which will be about $17 million. The variable rate SSA will cover the costs that are not encompassed within the subdivision itself, such as water supply, sewer connections. This will ultimately be paid off prior to the other four SSA being in place. A public hearing will be held on March 23, 2004 after which there is a 60 day waiting period to establish the ordinances. 5 Page 6 of 6 The proposed ordinances will be place on the City Council's agenda for vote. 6. Part-time Office Assistant—Revised Job Description: The job description was revised according to what the current part-time position is actually doing. This item will move forward to City Council meeting on the consent agenda. OTHER BUSINESS There is a need to review and approve closed session minutes every 6 months (April and October). Typically, it is done by 2 aldermen, the City Attorney and the City Clerk. Their duties would be to indicate what could be released (with the consent of City Council). They were looking for volunteers. There was no further business and the meeting adjourned at 8:47 p.m. Minute Taker—Gail Denton Transcribed by Jeanne Arbet 6 Page 1 of 9 PRAFT 1 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE City Conference Room Tuesday, February 1, 2005 - 7:00 p.m. In Attendance: City Art Prochaska–Mayor Harold Martin–Chief of Police Valerie Burd - Alderwoman Tony Graff–City Administrator Paul James - Alderman John Wyeth–City Attorney Alderwoman Wanda Ohare Traci Pleckham–City Finance Director Richard Sticka–Alderman Bill Dettmer–City Code Official Rose Spears- Alderwoman Bill Powell– City Treasurer Larry Kot–Alderman Joe Besco –Alderman Guests Attorney Dan Kramer Randall Arendt Lynn Dubajic–YEDC Dave Waden Alan Brauer–Land Vision Tim Winter–Pasquinelli Development Harold Oliver Mike Schoppe–Schoppe Designs Mason Oliver Mark Baker John & Sue Rosenwinkel Brian Ratajczak, Spaceco, Inc. Hugh Robinson–Tri Land John Philipchuck - MPI Properties Richard Young–Kimball Hill Homes Dean Wolford Kathy Farren–Kendall County Record (Residents of Eldamain Road& Galena Rd. who did not have opportunity to sign in—waited in Council Chambers) The meeting was called to order at 7:00pm by Mayor Art Prochaska. PUBLIC HEARING: None PRESENTATIONS: 1. PC 2004-21 Anderson Farm–Concept Plan Richard Young of Kimball Hill Homes introduced Randall Arendt, conservation planner, and the presentation of the plan for the Anderson Farm located along Rt. 71. He emphasized the importance of preserving the trees on this property by clustering lots. Page 2 of 9 Mr. Arendt then spoke and stated it will be impossible to utilize a conservation design if they are locked into the current zoning ordinances. He suggested adopting a conservation PUD and create a new forest overlay district. This would require settling on a density and allowing the lot sizes to vary. He then gave a Power Point presentation that showed developments successfully built around existing trees in other states. He invited City staff members to walk the property to get a feel for the site and to understand the critical nature of saving these trees. Mayor Prochaska suggested the Plan Commission also walk the site with Council members and then have this plan return to the Commission for further review. Following the slides, Mr. Arendt asked for comments or discussion. Alderman Sticka said that he wanted to avoid any situation such as that in Countryside where common land is now being claimed through adverse possession. He also felt that the density needed to be reconsidered. Alderman Kot stated this property is zoned estate and he would like to see bigger lots. Mr. Arendt replied that estate lots would destroy this forest. A more creative plan and a lower density one was suggested by Alderwoman Burd. The Mayor added that he would like to preserve the woods and also make it accessible to the public. Mayor Prochaska asked Mr. Arendt and Mr. Young to work with City staff regarding this property. This presentation and discussion concluded at 7:35pm. DETAIL BOARD REPORT (BILL LIST): The following items were questioned/discussed: 1. Mayor Prochaska referred to page 24, "National Association of Cities, 2005 Dues". He felt this membership was no longer necessary and asked Ms. Pleckham to remove it from the bill list. 2. Page 1, AMG building permit cancellation refund: Ms. Spears said she felt that some administrative costs should be recouped from this refund. Mayor Prochaska said the check had just been received and no work had yet been done. It was decided that the Administration Committee should consider a policy for future situations. 3. Page 8,payment to Gail Denton. It was noted that she would be paid for actual attendance at the meetings, but not for transcription of minutes. 4. Page 27, item on 1-21-05 should be snippers, rather than sniffers. 5. Page 34, SBC Global payment was for a phone installation in the Police Department detective room. 6. Page 4, Blue Cross/Blue Shield, $55,000 is a monthly payment. The list will be moved onto City Council for next week. Page 3 of 9 ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: Mayor Prochaska asked for any comments on any of the listed items and the following were discussed: #7: It was noted that Kylyn's Ridge is different from Kylyn's Crossing #4: According to Alderman Besco, the proper procedure was not followed in regards to the Faxon Road extension and this has now been rectified. In addition, not all property owners have joined in on this extension and are still in negotiations. If it is desired to use MFT funds, a resolution must be passed and in the future, all MFT must go through the Clerk's office. (Originally, this project was slated to be developer-driven rather than using MFT). MAYOR: 1. Coffee with the Mayor: February 5rh at St. Joseph's Cabinetry The Mayor noted the date and place for the next Mayor's coffee. (Moved forward in agenda to Economic Development, item #1) ECONOMIC DEVELOPMENT COMMITTEE: 1. Request by Property Owners at Eldamain and Galena for Comprehensive Plan Revision—EDC 1-20-05 Attorney Dan Kramer explained that this matter has already been before EDC. Nine of the landowners representing 8 farm families were present and they own almost 900 acres that are adjacent to the City. They are requesting EDC and Mike Schoppe (or other planner),to review the current comprehensive land plan near Galena Road. They wish to maintain the major intersections for commercial uses. These landowners have been contacted by residential developers, however, they are not necessarily selling their properties at this time. Mr. Kramer stated that some of this area is not buildable and is a great opportunity for open space. The land near the asphalt plant is more suitable as open space and would also serve as a buffer for residential. He said that it is in the City's best interest to develop these properties to recapture some of the fees for the sewer interceptor. At this time they are simply asking the City to review the plan, but emphasized that the intersection of Galena and Eldamain holds strong commercial value and must be preserved for that purpose. Mr. Kramer said there is no urgency for the landowners, however, they do wish to know the processes involved. Mayor Prochaska recommending taking a comprehensive look at the plan and not in a piecemeal fashion. He suggested putting it in the budget to review the entire northeast quadrant of the plan. He will ask staff members to prepare a proposal for the budget and also to revisit the Beecher Road realignment issue. In addition, Mr. Kramer suggested earlier discussions for the interceptor. Page 4 of 9 This discussion concluded at 8:15pm. MAYOR: (taken out of order) 3. Ordinance Approving a Tax Increment Financing Redevelopment Project and Plan for the Proposed Tax Increment Redevelopment Area This is a project that went through a joint committee and meets the qualifications of- and creates a TIF. This does not include a development agreement that would have to come before the City Council. This item moves to City Council next week. 5. Countryside Center TIF Alternate Revenue Bond BINA order This order announces that there will be a public hearing for a TIF on February 22 at 7pm. This will be by consensus. The Mayor outlined the procedure as follows— when the City Council passes this,there is a 30-day period. If 455 persons sign a petition and take that to City Council, the measure would go to a vote on a referendum for the issuance of bonds. This item goes to City Council on consensus. ECONOMIC DEVELOPMENT COMMITTEE (taken out of order) 3. PC 2001-06 Grande Reserve Units 10 and 11–Preliminary/Final Plat EDC 1/20/05 The fmal plats were presented for units 10 and 11 (townhomes) south of the Burlington Northern tracks and east of Kennedy Road. The Plan Commission and EDC recommended approval. These plats will go to City Council for consideration 4. PC 2004-24 Caledonia–Final Plat–EDC 1/20/05 Alan Brauer of Land Vision and Brian Ratajczak of Spaceco, both representing Inland, brought the preliminary PUD for Calendonia. Mr. Brauer said this plan was before the Plan Commission two weeks ago where it was approved. It is a mix of homes and townhomes. This moves to City Council for consideration of the fmal plat. Page 5 of 9 5. PC 2004-14 Swanson Lane Estates—Preliminary/Final Plat—EDC 1/20/05 This plat was approved by Plan Commission and EDC. Alderwoman Burd asked about the 2 lots near Boomer Lane and Blackberry Estates that were thought to be slated for annexation to the City when they became contiguous to City property. The property owner could not find any language to that effect, however. Attorney Wyeth will research. It was agreed that extra care would be taken to ensure that all necessary language is in future agreements, regarding such issues. The Swanson Lane Estates will move forward to the City Council. 2. Amendment to Building and Zoning Code Addressing Maximum Height and Building Materials—EDC 1/20/05 Alderman Sticka said that the Fire Department had written a letter in support of additional building height. Ms. Spears expressed the opinion that the City should make sure that all codes are up to par and that the Fire Department has the proper equipment such a ladder truck. She also noted that although Fire Chief Hitzemann said the codes were ok,two other fire personnel thought some additional details were needed in the codes and that ladders were needed. She felt more opinions should be considered. She cited a Fire Department letter of January 13t , 2005 that stated they had no vehicle to support the increased height of buildings. She said Mr. Dettmer met with her and addressed many of her concerns. She also asked if the increase in heights applied to business districts only or residential ones as well. Mr. Bill Dettmer then addressed the group. He reviewed the reports pertaining to the height issue. One issue is"stories" vs. "actual height". The zoning ordinance considers feet, while the building code considers stories. Mr. Dettmer said he will conduct a fire protection seminar in March or April at City Hall and will invite neighboring communities. Mr. Dettmer recommended 14 feet per story in Yorkville's high-rise code, however, the City can use fewer-such as 12 feet. A written escape plan is also required. It was also noted that there are mutual aid agreements in effect. Alderwoman Burd noted that Tom Lindblom of the Fire Department said ladder trucks are actively being pursued. The fee structure that was adopted by the City Council will allow the Fire Department to purchase these trucks. It was noted that having ladder equipment would greatly improve the ISO (Insurance Service Office) rating of the Fire Department. The Mayor added that the City has 3 more water towers that will contribute to a better ISO rating. He said that medical type office buildings and senior housing with additional stories, were being looked at. The Mayor summarized that the zoning code would be limited to 72-80 feet tall and the number of stories will be reduced from 7 to 4 stories. Page 6 of 9 This matter will go to City Council for consideration. This discussion concluded at 9:10pm. MAYOR (out of order) 2. South Comprehensive Land Use Plan Update—Plan Comm. 11/10/05 Mike Schoppe was present with the revised Comprehensive Plan. Mark Baker of Schoppe Designs detailed the minor modifications made from the plan shown in December: 1. Added a retail node at Rte. 126 and Ashley Road 2. Added neighborhood retail at Rte. 126 and Grove Road 3. Expanded office, research and industrial use near Rt. 71 and Prairie Parkway 4. Modified Willman property to suburban land use category 5. Modified transitional area at Rte. 47& 71 6. Updated land use acreages 7. Added new category"Special Study Area"to remain flexible until further evaluation pending water, soil studies. He stressed that consultations with YBSD and Fox Metro be made regarding these areas. 8. Maintain boundary for Yorkville in relationship to growth from the south. He then opened the floor for discussion. The Prairie Parkway was noted as having limited access. Caton Farm and Route 47 will become a major intersection and perhaps office/industrial would be appropriate for this site. Alderman Sticka suggested the City needs some manufacturing or other similar uses which add to the tax base, but do not fill the schools. Mayor Prochaska stated that the Council now has the opportunity to decide if Yorkville will become a business community or remain a bedroom community. Mayor Prochaska noted the changes he would like to see: 1. Special Study area enlarged 2. Show office/research/industrial to the south 3. Show Rte. 126&Ashley commercial on map After a lengthy discussion, it was decided to move this plan to City Council for a vote on February 22nd 4. Ratify Library Expansion Project—BCA Contract The contract for the library expansion will be moved forward to the City Council as a resolution. Bonds have not been sold yet, however, there is money available in a bank account. Page 7 of 9 This agenda item will move to City Council, however, not the consent agenda. 6. Facade Committee Appointment Mayor Prochaska announced the appointment of Lynn Burks to a 3-year term on the Façade Committee. This is effective May 1st. It was noted that she is a member of the Kendall County Historical Society and also a School Board member. This appointment will go to City Council for approval. AD HOC TECHNOLOGY 1. Council Chambers Sound System Quote—Adhoc Tech 1/19/05 This quote is to upgrade the current sound system and also provide assistance for the hearing-impaired. It will also include a microphone on the side where the staff sits during meetings. Ms. Ohare noted that the current system does not allow for lines to be added-it must be upgraded. This system will also assist the minute-takers to capture all the sound. This item moves forward to the City Council consent agenda. PUBLIC WORKS 1. Resolution Authorizing a Representative to Sign IEPA Public Water Supply (Radium Compliance) Loan Documents and 2. Resolution of Intent Regarding National Flood Insurance for IEPA Public Water Supply (Radium Compliance)Loan Both of these items pertain to the IEPA loan project to become radium compliant. This loan will be used to build the last water treatment plant which will be on Tower Lane. The Mayor was designated as the signing representative. Attorney Wyeth noted that the flood insurance is necessary before the work can begin. These matters will go before the City Council on the consent agenda. 3. Dump Truck Purchases—PW 1/24/05 Alderman Besco stated that 2 trucks are in the budget and should be ordered for next year. The money will come from the capital funds. This moves to the Council consent agenda. 4. Storm Water Software and Training—PW 1/24/05 Purchase of this software was recommended by Joe Wywrot to bring his department up to standard. He chose the least expensive package, however,training is in Page 8 of 9 Denver. Alderman Sticka commented that the flow of stormwater is a very difficult thing to compute and the selected package is a very good one. This will go to the consent agenda. PUBLIC SAFETY 1. Request to Purchase a Detective Vehicle—PS 1/13/05 Funds for this vehicle were approved in the revised budget. The vehicle is for the Detective Division and was part of a State bid. This moves to the consent agenda. 2. Speed Trailer and Speed Monitor Sign Costs—PS 1/13/05 Mayor Prochaska noted that this matter would require a super majority vote. This equipment would be purchased at the end of the fiscal year. This will go on the consent agenda and is subject to available funds. 3. Request for Approval of Employee's Degree Programs for 2005/2006 per Section 8.6 of the Employee Manual—PS 1/13/05 This was a listing of employees currently enrolled in degree programs and was for approval for them to continue, subject to fund availability. This moves to the Council consent agenda. 4. Dictaphone Purchase—PS 1/13/05 This purchase requires a super majority vote and is included in the revised budget. The equipment will allow more than 1 person at a time, to use the dictation equipment. This item will move to the City Council for a vote. 5. Request to Purchase a Digital Video Recording System for Squad Car—PS 1/13/05 The current system in place is VHS that must be manually turned on. The replacement equipment is DVD (admissible in court)that activates when the lights are turned on and is a continually running system. This request moves to the Council for a super majority vote since it is a single source bid. ADMINISTRATION COMMITTEE No items. Page 9 of 9 ADDITIONAL BUSINESS Alderman Sticka inquired about signage in Country Hills. Rose Spears introduced guest Dean Wolford who will be running for alderman in Mr. Kot's ward. She also introduced him to the committee members. Mayor Prochaska said the after the next C.O.W. meeting he would like to prioritize all questions pertaining to the goals which were previously set. As there was no further business, the meeting was adjourned at 10:25pm. Minutes transcribed and Respectfully submitted by Marlys Young, Minute Taker f1 Tic lnl F y i _s' ° �r oit United City of Yorkville Memo A '" 800 Game Farm Road EST.14 "'` °� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 6, 1A 0 Fax: 630-553-7575 1 4LE %> Date: March 18, 2005 To: Mayor and City Council From: John Justin Wyeth CC: City Administrator; City Engineer, Public Works Director Subject: Bruell Street Pump Station, Sanitary Sewer Main, Acquisition of Easement In obtaining the easements necessary for the Sanitary Sewer Main along Gawne Avenue, it has become apparent that several parties have possible ownership of a very small portion of the easement needed. That small portion is depicted on the attached map provided by the City Engineer. Mrs Gawne all of her children have fractional ownership interest in this very small tract of land. Discussions with the attorney(Steve Krentz) representing the Gawne Family indicates that they all would be willing to sign the easement in exchange for the City's promise to waive annexation, sewer connection and water connection fees, if they would ever choose to annex. Note that connection is only granted upon annexation, and they would have to annex prior to obtaining any waiver of fees. It does not appear that any of the parties intends to annex at this time. Both the Public Works Director and City Engineer have explained that they need this easement soon to begin work when weather allows. I therefore recommend that the City Council authorize the City Attorney to offer waiver of annexation, water connection and sewer connection fees to the Gawne family member living on Gawne lane in exchange for the grant of easement. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING INCREASES IN HOURLY RATES AND EXPENSES FOR ENGINEERING ENTERPRISES, INC WHEREAS, the City Council of the United City of Yorkville has considered approval of increases in hourly rates and expenses for Engineering Enterprises, Inc. (EEI); and WHEREAS, a copy of EEI's letter of explanation and 2004/2005 EEI Hourly Rate Summary said agreement is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, a list of the current contracts that the new rate will apply to is attached hereto and incorporated herein as Exhibit "B"; NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Hourly Rate Summary in the form set forth in Exhibit "A" is hereby approved, and deemed to apply to the new work done under the Contracts listed in Exhibit "B" and new work done for the City. Said increases shall not apply to any prior work. The Mayor and City Clerk and City Staff are authorized and direct to act in furtherance of this Resolution. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT A 52 Wheeler Road •Sugar Grove.IL 60554 TEL:6301466.9350 FAX: 6301486.9360 www.seiweb.com Englnss+ring EnMrprlss.. March 7, 2005 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Proposed Changes In Hourly Rates and Expenses Dear Tony, Per the Public Works Committee's request, we have gathered additional information with regard to our proposed changes in Hourly Rates and Expenses. Please find attached the 2004/2005 EEI Hourly Rate Summary table where we have listed the hourly rates for each of the classifications of employees from our 2004 Standard Schedule of Charges, and also have listed our proposed 2005 rates. We also have summarized the cost increase, as well as, the percent increase for each classification of employee. As you may recall, we have been actively working with the City for the last six years. While some of our contracts date back to 2000, the first development review projects were initiated in 2002. Please keep in mind that our fee structure has remained the same for all projects that have a formal contract. New contracts in any given year integrated the active fee structure at that time. For any projects that currently do not have a project specific formal contract, EEI's active fee structure has been utilized for the time logged to the project. Please recall that the revenue generated by our hourly rates provides the vast majority of our total income to EEI. Therefore, our hourly rates must include each employee's salary, all employee benefits (i.e. health insurance, retirement planning, sick/holiday/vacation time, etc.), the costs related to maintaining an office, all of our computers, software, equipment, and all other overhead items. While it is clear our hourly rate increase is above the consumer price index increase, please keep in mind that some of our expenses have risen well above the consumer price index (i.e. health insurance). In addition, please keep in mind that we are • trying to maintain the highest quality employees, so that we can continue to provide quality professional engineering services to your community. Competitive pressures from other potential employers make it mandatory for EEI to keep competitive compensation plans for the employees. In the end, we believe that we provide good value for the services that we provide. Consulting Engln•ers Sp•clalleing In Civil Enginssring aed Lend surveying ____ PAGE 1 OF 5 Mr. Tony Graff March 7, 2005 Page 2 We are proposing that our new fee structure be applied to the currently ongoing development review projects. We propose that all other existing professional services contracts that have a fixed hourly rate schedule remain the same. Please keep in mind that it is likely that we will propose that the new fee structure will be applied to future engineering contracts with the City. We hope that this provides the additional information that has been requested. We appreciate the opportunity to work for the City, and we look forward to continuing our professional relationship into the future. If you have any questions, or comments, please do not hesitate to call. Respectfully submitted, ENGINEERING ENTERPRISES, INC. S2/4(1116 (Alf fr Jeffrey W. Freeman, P.E. Senior Project Manager JWF/me Enclosures pc: Mayor Arthur F. Prochaska Jr. Mr. Joe Wywrot— City Engineer JKM, JTW, DMT— EEI PAGE 2 OF 5 2004/2005 EEI HOURLY RATE SUMMARY • 2005 Hourly 2004 Hourly Percent Employee Designation Classification Rate Rate Increase Increase • Principal Engineer E-3 $138.00 $123.00 $15.00 12,2% Senior Project Manager E-2 $126.00 $114.00 $12.00 10.5% Project Manager E•1 $114.00 $105.00 $9.00 8.6% • • Senior Project Engineer/Surveyor P-5 $102.00 $96.00 $6.00 6.3% • • Project Engineer/Surveyor P-4 $93.00 $87.00 $6.00 6.9% Senior Engineer/Surveyor P-3 $84.00 $78.00 $6.00 7.7% Engineer/Surveyor P-2 $75.00 $69.00 $6.00 8.7% • Associate Engineer/Surveyor • P-1 $66.00 $60,00 $6.00 10.0% • Senior Project Technician T-5 $93.00 $87.00 $6.00 6.9% • • • Project Technician 1-4 $84.00 $78.00 $6.00 7.7% Senior Technician T-3 $75.00 569.00 $6.00 8.7% • Technician 7-2 $66.00 $60,00 $6,00 10.0% Associate Technician T-1 $57.00 $51.00 $6.00 11 6% • Secretary • A-3 $66.00 $60.00 $6.00 10.0% ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL PAGE 3 OF 5 52Wheeler Road •Sugar Grove,1L 60554 TEL:630/484.9350 FAX: 630/466-9380 STANDARD SCHEDULE OF CHARGES 141 January 1, 2005 www.eeiweb.com EnoInasrine Enterprises, Inc- EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $138.00 Senior Project Manager E-2 $126.00 Project Manager E-1 $114.00 Senior Project Engineer/Surveyor P-5 $102.00 Project Engineer/Surveyor P-4 $ 93.00 Senior Engineer/Surveyor P-3 $ 84.00 Engineer/Surveyor P-2 $ 75.00 Associate Engineer/Surveyor P-1 $ 66.00 Senior Project Technician T-5 $ 93.00 Project Technician 1-4 $ 84.00 Senior Technician 1-3 $ 75.00 Technician T-2 $ 66.00 Associate Technician T-1 $ 57.00 Secretary A-3 $ 66.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS • Vehicle for Construction Observation VEH $ 10.00 • Global Positioning System Equipment GPS $25.00 Scanning($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A Consulting Engineers Specializing In Civil Engineering and Land Surveying PAGE 4 OF 5 *Pr . .. Personnel, Positions & Classifications • James K.Michels,P.E. E.) Timothy V.Weidner,E.I. P.4 . President Project Engineer • Peter G.Waders,P.E. E-3 Michele L Piotrowski,E.I. P.4 • Senior Vice President Project Enginrrr • David R.Burroughs,P.E. E-3 Terry M.Heitkamp,El. P.4 Vice Presitlrrd Proper Engineer Ronald G.Naylor,P.E. E-2 Nathaniel J.Koehneke,EJ. P.4 Senior Project Manager Project Engineer John T.Whitehouse,P.E.P.L.S. E-2 Stephen T.Dennison,E1. P-4 Senior Prujrrct Mrnnirgcr Project Engineer Bradley P.Sanderson,P.E E-2 Amy L.Seliner.E.I. P.4 Senor Project Manager Project Engineer • Jeffrey W.Freeman,P.E. E-2 Waiter D.Chomotnu.E.l. P-4 Senior Prujeo MYnayer Projew Engineer Witham E.Dunn,P.E. E-2 Steven J.Vessos,E.I. P.I Send/PI yrn;r Men;rrrr Projcel Engineer • Timothy P.Farrell,P.R. F.•l Gregory A.Chambers T-5 Prryccr Manager Senior Prgect Technician(Field) • Timothy N.Paulson,P.E. E.1 Steven Gotha',III T,5 Project Manage/ Senior Project T..ihnicinn(CAD) • Kevin S.Bon etad,P.E. E-1 David S.Stewart 1.5 • Project Manager Senior Prryi ti Techruciirn fri,M) David E.Schumacher 5.1 William C.Pierson 1-4 r/ojeCI M..cion Prgjeel Technician(CAD) Scon A.Swanson F 1 C.Larry Nolan T-4 Ciuriourr Aided Drafting L Project t echntc)en(CAD) In/rrmnrion Systems Manager Krittopher K.Puny 1.4 Robert G.Walker,P.E. E-1 rrojed hvimi:i,•rn(CAD) • Prgect Manager Lenard E.Lynn f-4 George R.burgess,P.L.S. P.S Project Technician(Field) • Seethe Piiiiva!lurveyty . Courtney N.Winder 1-4 • Mark G.Scheller.P.L.S. 0.5 Project Iecilnicien(CAD) 5enin Project Surveyor • Ryan M.Christultel 1.) • Andrew k.DeIlennnan,V.E. P-D Samir rnehrueien(Pined) Senior Project Engineer Ellvinnrnerrtrri Ju.hua M.boatman 1.3 Jason P. "Jay"Nemeth.P.E, I'-S Srirriry Tnehnicia n(Field) Sanity Project C nice er Matthew R.Blackburn 1-3 Yiranq Lu.P.R. P.S Sc-hint Teohmcren fhirld) Stam Project Engineer Denise M.Mlgllorini A•3 Stephan W.Grabowski P.C. Adminrstrrlivt Amina+rd Scnilr Transportation Planner Denise M.Thclander A-3 David A.Kaman*,P.E. r'-5 Acxwrnlirrg An.;intant Senior Prr4eit Enyi,ire, Angela R.Ford A•3 Seed N.Prindiville,P,E. P•5 S ecrer ry $crew PrryecI Enoineor Dawn M.Gooubred A-3 Christopher E.Peterson,5.1. P-4 Secretary Project Surveyor Nicole M.Morris A-3 Julie A.Morrison,E.I. r-4 Acryuurfin7 Assistant Prnjtrct Engineer Bobbi Id.Erdmann A-3 Jason M,Bauer,E.I. P-4 Merketilp DireMr rrojed Engineer Angola D.McCoy A.) Accounting Assistant East Dundee.IllinnjA LEGEND: P F c Pmfeasional Engineer Mark C.Weber.r.1.5. P•S P.L.S..Professional Lnnil Surveyor Serllur Project Sr+vnyrr E.I.-Engineer Intern S.I.-Survrynr Iranrn Robert C.Well; 1.5 Es•Executive Senior Project recti,nN.m(Field) P e Professional 1:Technical Stacy L Nilsen A-3 A-AdelinLan:tlivr. Office Mnnngiir 01/03/05 PAGE 5 OF 5 Exhibit B: Current Plan Review Projects United City of Yorkville, Kendall Co., IL Aspen Ridge Estates Autumn Creek Bailey Meadows Blackberry Woods Bristol Bay Brummel & Garritano Prop. Caledonia Chally Property Evergreen Farm Estates Fox River Bluffs Grande Reserve Inland Property Harris Farm Harry Anderson Farm Herren Prop. (Rt 47 & Corneils) Konicek Property Montalbano (Ament & Penman) McKinnon Farm MPI South Raintree Village Rob Roy Falls Silver Fox Subdivision Stewart Farm Property Westbury Village Whispering Meadows Willman Property Windett Ridge ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL