Ordinance 2019-07 DE1:A0.iE +u.iL 1 E"T'TE
RECORDER - KENDALL COUNTY, IL
RZECt1R1?ED: 5/2/2019 18:03 ASI
QRDI: 43.88 RNSPS FEE: 10.86
GAGES: 16
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2019-07
AN ORDINANCE APPROVING THE FOURTH AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS AND CAL ATLANTIC GROUP, INC.,A DELAWARE CORPORATION
(Windett Ridge Subdivision)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 20 day of January,2019
Document History for Ordinance 2019-07
Original Planned Unit Development Agreement,dated June 8,2000,approved by Resolution No.
2000-14 passed June 8,2000, is on file in the Office of the City Clerk and was not originally filed with the
Kendall County Recorder's Office and is now unable to be recorded due to the condition of the Agreement.
The First Amendment to the PUD Agreement,dated November 26,2002,approved by Ordinance No.
2002-50,was recorded as Document#200300002279 in the Kendall County Recorder's Office.
The Second Amendment to the PUD Agreement,dated August 27,2013,approved by Ordinance No.
2013-51 was recorded as Document#201300018142 in the Kendall County Recorder's Office.
The Third Amendment to the PUD Agreement,dated October 10,2017,approved by Ordinance No.
2017-43 was recorded as Document#201800006936 in the Kendall County Recorder's Office.
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on April 30,2019.
Ordinance No.2019-
AN ORDINANCE APPROVING THE FOURTH AMENDMENT
TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN
THE UNITED CITY OF YORKVH LE,]KENDALL COUNTY,ILLINOIS
AND CALATLANTIC GROUP,INC.,A DELAWARE CORPORATION
(Windett Ridge Subdivision)
WHEREAS, in 2000, the United City of Yorkville, Kendall County, Illinois (the "City")
entered into a Planned Unit Development Agreement for the development of approximately
163.522 acres, primarily for residential use with a portion designated for commercial use all as
consistent with the City Zoning Ordinance (formerly known as the Coach Road Hills
Subdivision and now known as the"Windett Ridge Subdivision'); and,
WHEREAS,in 2002,the Planned Unit Development Agreement was amended to change
the approved zoning for townhomes to zoning for single-family residences, to amend the area
designated for commercial use and such other matters deemed necessary to proceed with the
development of the Windett Ridge Subdivision; and,
WHEREAS, a portion of the 163.522 acres was developed and 106 single family
residences were constructed, however, development was discontinued and ownership of the
undeveloped portion of the Windett Ridge Subdivision was foreclosed upon by the financing
entity and thereafter made available for purchase; and,
WHEREAS, Ryland Homes purchased that portion of the Windett Ridge Subdivision,
which is zoned for residential purposes, (approximately 130 acres), now owned by CalAtlantic
(the "Subject Property') and proceeded with the development of the Subject Property in
accordance with the Planned Unit Development Agreement as amended in 2002, 2013 and again
in 2017; and,
WHEREAS, as provided in the Second Amendment, CalAtlantic was granted certain
limitations on certain fees as hereinafter itemized to be paid to the City in connection with the
Ordinance No.2019- 0 7
Page 2
development of the Windett Ridge Subdivision until December 31, 2020; and,
WHEREAS, CalAtlantic has now advised the City that additional time is required to
complete the Windett Ridge Subdivision and therefore requests an extension of time for an
additional three(3)years to complete certain improvements; and,
WHEREAS, the City is prepared to grant the extensions of time CalAtlantic has
requested, but only pursuant to the terms and conditions as set forth in the Fourth Amendment to
the Planned Unit Development, a copy of which is attached hereto.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Fourth Amendment to the Planned
Unit Development Agreement (Windett Subdivision) in the form attached hereto is hereby
approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Fourth
Amendment.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
vZ�day of Ir , 2019.
City C erk
CARLO COLOSIMO KEN KOCH -
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS JASON PETERSON
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Jf day of {-��R L , 2019.
;"-
Mayor'
Ordinance No.2019-o7
Page 3
FOURTH AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE,]KENDALL COUNTY,ILLINOIS
AND CALATLANTIC GROUP,INC.,A DELAWARE CORPORATION
(Windett Ridge Subdivision)
This Fourth Amendment (the "Fourth Amendment') to that certain Planned Unit
Development Agreement ("Planned Unit Development Agreement") by and among the United
City of Yorkville, Kendall County, Illinois (the "City') and Michael Wheeler, Robert E.
Davidson, Jr., and George Engel (the "Owners'), dated June 8, 2000, as amended November 26,
2002 (the "First Amendment'), as amended August 27, 2013 (the "Second Amendment'), and as
further amended October 10, 2017 (the "Third Amendment"), by and between the City and
CalAtlantic Group, Inc., a Delaware corporation, successor by merger to The Ryland Group, Inc.
("CalAtlantic") and successor-in-interest to the Owners, is entered into this 5- day of
-AP/21L , 2019 ("Effective Date"). The City and CalAtlantic are hereinafter sometimes
individually referred to as a "Party"and collectively as the "Parties".
WITNESSETH:
WHEREAS, the Owners entered into the Planned Unit Development Agreement in 2000
with the City whereby the Owners agreed to develop real property consisting of approximately
163.522 acres, primarily for residential use with a portion designated for commercial use all as
consistent with the City Zoning Ordinance (formerly known as the Coach Road Hills
Subdivision and now known as the"Windett Ridge Subdivision'); and,
WHEREAS, in 2002,the Planned Unit Development Agreement was amended to change
the approved zoning for townhomes to zoning for single-family residences, to amend the area
designated for commercial use and such other matters deemed necessary to proceed with the
development of the Windett Ridge Subdivision; and,
WHEREAS, a portion of the approximately 163.522 acres was developed and 106 single
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family residences were constructed, however, development was discontinued and ownership of
the undeveloped portion of the Windett Ridge Subdivision was foreclosed upon by the financing
entity and thereafter made available for purchase; and,
WHEREAS, Ryland Homes purchased that portion of the Windett Ridge Subdivision,
which is zoned for residential purposes, (approximately 130 acres) legally described on
Exhibit A, attached hereto and made a part hereof, now owned by CalAtlantic (the "Subject
Property') and proceeded with the development of the Subject Property in accordance with the
approved zoning and all commitments undertaken by the Owners pursuant to the Planned Unit
Development Agreement as amended in 2002 and certain other terms and conditions as set forth
in the Second Amendment; and,
WHEREAS, as provided in the Second Amendment, CalAtlantic was granted certain
limitations on certain fees as hereinafter itemized to be paid to the City in connection with the
development of the Windett Ridge Subdivision until December 31, 2020; and,
WHEREAS, CalAtlantic has advised the City that, because the sanitary sewer lift station
referred to in the Second Amendment ("Lift Station'), has yet to be constructed, additional time
is required to complete the Windett Ridge Subdivision and therefore requests an extension of
time for an additional three (3)years on the time for completion of the Lift Station and the public
improvements CalAtlantic is to construct in Unit 2 of the Windett Ridge Subdivision; and,
WHEREAS, the City is prepared to grant the extensions of time CalAtlantic has
requested,but only pursuant to the terms and conditions as set forth in this Fourth Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein set
forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledge,the Parties agree as follows:
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Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated
into this Fourth Amendment as if fully restated in this Section 1.
Section 2. Fees Payable.
(a) As set forth in the Second Amendment and on Exhibit B attached hereto and
made a part hereof, CalAtlantic shall pay the following fees for each dwelling unit it seeks to
construct within the Windett Ridge Subdivision, provided it submits an application for building
permit to the City for such dwelling unit on or before December 31, 2020:
1. $1,400.00 per house for the Yorkville Bristol Sanitary District fee, and due upon
issuance of a building permit for such house;
2. $650.00 plus $0.20 per square foot for the Building Permit Fee, due upon issuance of
a building permit for such house;
3. $800.00 per house for the water connection fee due upon issuance of a building
permit for such house;
4. $25.00 per house for a water and sewer inspection fee, due upon issuance of a
building permit for such house;
5. $35.00 per house for public walks/driveway inspection fee, due upon issuance of a
building permit for such house;
6. $1,050.00 for the City's Development Fees, due upon issuance of a building permit
for such house; and
7. $3,000.00 per house for the School Transition Fee, due upon issuance of a building
permit for such house, as the total number of dwelling units constructed to date in
the Windett Ridge Subdivision exceeds the 140 number specified in the Second
Amendment).
CalAtlantic shall have the right to prepay the above fees at the rates and in the amounts
specified above for dwelling units it intends to construct at the Windett Ridge Subdivision, even
if CalAtlantic does not then intend to submit an application for building permit to the City for
any one or more of such dwelling units, provided CalAtlantic submits such prepayment to the
City on or prior to December 31, 2020.
(b) The City acknowledges that, prior to the Effective Date of this Fourth
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Amendment: (i) a previously required Weather Warning Siren fee in the amount of$12,264.15
was paid to the City; and(ii) City Sanitary Sewer Improvement Fees in the amount of$1,800.00
per unit have been paid to the City for all dwelling units to be constructed in the Windett Ridge
Subdivision and, therefore, no additional City Sanitary Sewer Improvement Fees shall be due
the City as CalAtlantic proceeds to complete the construction of dwelling units in the Windett
Ridge Subdivision.
(c) Commencing January 1, 2021, CalAtlantic shall pay to the City all fees then in
effect upon application of a building permit to construct a dwelling unit within the Windett
Ridge Subdivision.
Section 3. Extensions of Time.
(a) CalAtlantic has requested, and the City hereby grants to CalAtlantic, an
extension of time until December 31, 2023, to complete the construction of the public
improvements that are to be constructed in Unit 2 of the Windett Ridge Subdivision.
(b) CalAtlantic has requested, and the City hereby grants to CalAtlantic, an
extension of time until December 31, 2023, of the timeframe set forth in Section 4(B)(2) of the
Second Amendment concerning applicable City zoning and building codes.
Section 4. Water Meter Cost. CalAtlantic hereby acknowledges that the Water Meter
Cost may be increased by the City on a generally applicable basis at any time prior to December
31, 2023, if the cost to the City for water meters and installation increases.
Section S. Payment of Park Contribution. CalAtlantic agrees, not later than ten (10)
days after the execution of this Fourth Amendment by the City, to pay to the City ten thousand
dollars ($10,000.00) for the improvement of a park in Unit 1 of the Windett Ridge Subdivision,
which improvement the City agrees to undertake within one year of the Effective Date of this
Fourth Amendment.
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Section 6. Procedure for Declaring Defaults/No Outstanding Defaults.
(a) In the event CalAtlantic defaults in its performance of its obligations set forth in
this Fourth Amendment or any prior agreements pertaining to the Windett Ridge Subdivision, the
City shall give written notice to CalAtlantic of such items in default and, unless evidence is
given to the City that the default will be cured in a timely manner, all benefits and agreements to
prohibit the increased in the fees as listed in Sections 2 and 3 shall be immediately canceled.
(b) The City hereby confirms that, subject to the provisions of this Fourth
Amendment, all Developer obligations under the Planned Unit Development Agreement, as
amended by the First Amendment, the Second Amendment and the Third Amendment, which
were required to have been satisfied prior to the Effective Date of this Fourth Amendment have
been satisfied in full and that there are no outstanding defaults under the Planned Unit
Development, as amended by the First Amendment, the Second Amendment and the Third
Amendment, as of the Effective Date of this Fourth Amendment.
Section 7. No Recapture Obligations/Construction of Lift Station. The City confirms
that there are no outstanding utility or roadway recapture obligations that CalAtlantic will be
required to satisfy in connection with its completion of the Windett Ridge Subdivision.
CalAtlantic acknowledges, however, that if CalAtlantic elects not to construct the Lift Station
because other parties proceed to construct a lift station on property to the south of the Windett
Ridge Subdivision (the "Other Lift Station"), which Other Lift Station makes it possible to
provide sanitary sewer service to Unit 2 in the Windett Ridge Subdivision, CalAtlantic could be
obligated to pay its pro rata share of the costs of constructing said Other Lift Station if and when
it connects the sanitary sewer mains it constructs in Unit 2 to said Other Lift Station. CalAtlantic
shall give notice to the City by December 31, 2023, as to whether it intends to construct the Lift
Station in the Windett Ridge Subdivision or wait until the Other Lift Station is constructed by
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other parties.
Section 8. Earthwork Improvements. CalAtlantic shall have the right to complete soil
stockpile removals and subsequent grading and stabilization practices within Unit 2 of the
Windett Ridge Subdivision provided CalAtlantic establishes appropriate soil erosion and
sedimentation control measures. CalAtlantic shall be required to post the improvement
security with the City in connection with the performance of such work.
Section 9. No Further Obligations Relating to Donations or the Construction of Off-
Site Utility or Roadway Improvements. The City confirms that, subject to and except as
provided in this Fourth Amendment, all obligations to donate lands or pay fees in lieu of the
donation of lands relating to the Windett Ridge Subdivision have been satisfied in full. The
City further confirms that all obligations to construct or pay for the construction of off-site
utility and roadway improvements under the Planned Unit Development Agreement have been
satisfied and that CalAtlantic shall not be required to construct or pay for, directly or
indirectly, any other off-site improvements in connection with or as a result of its completion
of the Windett Ridge Subdivision.
Section 10. Miscellaneous.
A. If any section, subsection, term or provision of this Fourth Amendment or the
application thereof to either Party or any circumstance shall, to any extent, be held invalid or
unenforceable, the remainder of said section, subsection, term or provision and the application
of the same to the Parties or circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby.
B. All notices, demands, requests, consents, approvals or other instruments required
or permitted by the Planned Unit Development Agreement, as amended by the First
Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment, shall
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be in writing and shall be executed by the Party or an officer, agent or attorney of the Party, and
shall be deemed to have been effective as of the date of actual delivery, if delivered personally,
or as of the third (3rd) day from and including the date of posting, if mailed by registered or
certified mail,return receipt requested,with postage prepaid, addressed as follows:
To the CalAtlanticz - CalAtlantic Group, Inc.
1141 East Main Street, Suite 108
East Dundee, Illinois 60118
Attn: Christopher Gillen,Vice President
With a copy to= Meltzer Purtill& Stelle LLC
1515 East Woodfield Road, Suite 250
Schaumburg, Illinois 60173
Attn: Harold W. Francke and Ellen Joyce
To the City United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
With a copy to Kathleen Field Orr, City Attorney
Kathleen Field Orr&Associates
53 West Jackson Blvd., Suite 964
Chicago, Illinois 60604
C. This Fourth Amendment shall be binding upon and inure to the benefit of the
Parties and their respective successors and assigns.
D. This Fourth Amendment may not be assigned by CalAtlantic without the prior
written consent of the City.
E. Time is of the essence of this Fourth Amendment and all documents, agreements
and covenants contained herein shall be performed in a timely manner by the Parties.
F. This Fourth Amendment may be signed in counterparts, each of which shall be
deemed an original and all of which together shall constitute but one and the same instrument.
G. Any conflicts between the provisions of the Planned Unit Development, the First
Amendment, the Second Amendment, or the Third Amendment, on the one hand, and the
provisions of this Fourth Amendment, on the other hand, shall be resolved in favor of the latter.
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Subject to the foregoing, the provisions of the Planned Unit Development, as amended by the
First Amendment, the Second Amendment and the Third Amendment, remain in full force and
effect and be applicable to to the extent any provision is not in conflict with this fourth
amendment.
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IN WITNESS WHEREOF, the Parties have caused this Fourth Amendment to be
executed by their duly authorized officers as of the date set forth below their respective
signatures, to be effective as of the Effective Date.
United City of Yorkville, an Illinois
Municipal Co ratio
By:
Mayor 47
Date:
Attest,
41
City Clerk
State of Illinois )
County of Kendall )
J.Co��js►C 1
The foregoing instrument was acknowledged before me by COY , Mayor,
and City Clerk, of the United City of Yorkville, an Illinois municipal
corporation,this 3 day of 74PRiL ,2019
0� ?6ch
Notary Public
=EA
LGTF ILLINOIS CalAtlantic Gro p, Inc., a Delaw e corporation
MY S:12/18/20 successor b rger to the yl Group, Inc.
By:
Chris op e Gil en, a Vic4 President
Date:
State of Illinois )
County ofQ )
The foregoing instrument was acknowledged before me by Christopher Gillen, a Vice
President of CalAtlantiy,Group, Inc., a Delaware corporation, successor by merger to the Ryland
Group,Inc.,this day of &UA" 201
UU /7�i
Official Seal
Jessica M Cobb Notary blic
[Notary Public State of Illinois
ommission Expires 08/14/2021
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EXHIBIT A - LEGAL DESCRIPTION
EXHIBIT A: LEGAL DESCRIPTION
PARCEL 2:
THAT PART OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 14 OF SAID SECTION
9; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHWEST 14, 569.20
FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47; THENCE SOUTH
35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE, 1062.70
FEET TO THE SOUTHERNMOST CORNER OF A TRACT DESCRIBED IN WARRANTY DEED
FROM EDNA HALBESMA TO HANNAH GEIGER RECORDED IN BOOK 115 AT PAGE 241
ON DECEMBER 27, 1957; THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS
EAST ALONG SAID CENTER LINE, 323.02 FEET; THENCE CONTINUING SOUTH 35
DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE, 484.85 FEET
TO ITS INTERSECTION WITH THE CENTER LINE OF LEGION ROAD; THENCE
CONTINUING SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID
CENTER LINE AND SAID CENTER LINE EXTENDED, 1925.22 FEET; THENCE SOUTH
16 DEGREES 45 MINUTES 00 SECONDS EAST, 126. 93 FEET TO THE LINE OF A
FENCE EXTENDED FROM THE EAST; THENCE NORTH 88 DEGREES 15 MINUTES 14
SECONDS EAST ALONG SAID FENCE LINE AND ITS EXTENSION, 2723.16 FEET FOR
THE POINT OF BEGINNING; THENCE NORTH O1 DEGREES 32 MINUTES 33 SECONDS
WEST, A DISTANCE OF 219.34 FEET; THENCE NORTH 31 DEGREES 32 MINUTES 00
SECONDS WEST, A DISTANCE OF 125.77 FEET; THENCE NORTH 53 DEGREES 15
MINUTES 45 SECONDS WEST, A DISTANCE OF 157.59 FEET TO A POINT ON A
CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 438.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 33
MINUTES 32 SECONDS EAST, AND ARC DISTANCE OF 7.40 FEET; THENCE NORTH
37 DEGREES 04 MINUTES 29 SECONDS EAST, A DISTANCE OF 232.50 FEET;
THENCE SOUTH 52 DEGREES 55 MINUTES 31 SECONDS EAST, A DISTANCE OF
25. 99 FEET; THENCE NORTH 37 DEGREES 04 MINUTES 29 SECONDS EAST, A
DISTANCE OF 145.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE, AS
OCCUPIED, OF THE OAK HILL FARM AS SHOWN IN A PLAT RECORDED IN PLAT
BOOK 5 ON PAGE 16 (NOW `SLOT 303' ) ; THENCE SOUTH 52 DEGREES 55 MINUTES
30 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, AS OCCUPIED, OF THE OAK
HILL FARM, 421. 96 FEET TO A LIMESTONE MONUMENT AT THE SOUTHEASTERLY
CORNER OF SAID OAK HILL FARM BEING ALSO ON THE EAST LINE OF THE
SOUTHEAST ;-4 OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 02 MINUTES 46
SECONDS WEST ALONG SAID EAST LINE, 445.77 FEET TO A POINT ON SAID EAST
LINE OF THE SOUTHEAST k OF SAID SECTION 9 WHICH IS 1533.84 FEET, AS
MEASURED ALONG SAID EAST LINE NORTHERLY OF THE SOUTHEAST CORNER OF
SAID SOUTHEAST '--4; THENCE SOUTH 8H DEGREES 15 MINUTES 14 SECONDS WEST,
A DISTANCE OF 392.05 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL
COUNTY, ILLINOIS.
Exhibit B
t
WINDETT RIDGE 11/20/2018
UNITS 1 & 2
FEES PER UNIT
FEE LOCK EXPIRATION DECEMBER 31, 2020 (ORD. 2013-51)
A paid receipt from the School District Office, 602-A Center Parkway
Yorkville, must be presented to the City prior to issuance of permit
DArmltG 1_ 140 (Ist 140 permits) nre to be $1,600 (see note"a" below)
Permits 141-280 (2nd 140 permits) are to be $3,000 $3,000
Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D. $1,400
United City of Yorkville Fees
1. Building Permit
Cost$650 plus $0.20 per square foot $650 + $0.20(SF)
2. Water Connection Fees $800
3. Water Meter Cost $550
4. City Sewer Connection Fees $0
5. Water and Sewer Inspection Fee $25
6. Public Walks/Driveway Inspection Fee $35
7. Development Fees
Public Works $450
Police $150
Library $150
Bristol-Kendall Fire 300
Development Fees Total $1,050 $1,050
8. Land-Cash Fees Attached Units
Park $0
SG#oe4 (see note"b" below)
Land Gash Fees Teta4 $2,699.02 $2,689.02
Notes
a. $1,500 for permits #1-34 issued after 8/27/13 has been satisfied.
b. Land-Cash has been satisfied per'Townes at Windett Reserve Agreement'
Windett Ridge Fee Sheet-2018—Units 1 &2