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Ordinance 2024-41 202400015385 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 12/17/2024 12:24 PM RECORDING FEE 57.00 PAGES: IS UNITED CITY OF YORK-VILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-41 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR CERTAIN TERRITORY LOCATED EAST OF ELDAMAIN ROAD AND NORTH OF CORNEILS ROAD TO THE UNITED CITY OF YORKVILLE (Hagemann Property) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 13"day of August, 2024 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 STATE OF ILLINOIS Published in pamphlet form by the COUNTY OF KENDALL authority of the Mayor and City Council ' FILED of the United City of Yorkville, Kendall DEC 17 2024 County, Illinois on August 28, 2024. �• COUNTY CLERK KENDgLLC0UN7Y Ordinance No. 2024-41 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR CERTAIN TERRITORY LOCATED EAST OF ELDAMAIN ROAD AND NORTH OF CORNEILS ROAD TO THE UNITED CITY OF YORKVILLE (Hagemann Property) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Hagemann Family Trust and Green Door Capital (jointly the "Owner"), desires to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner which is approximately 138.441 acres legally described and identified in the Agreement, attached hereto as Exhibit A (the "Subject Property"); and WHEREAS,the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and WHEREAS, public hearings were conducted by the Mayor and City Council (the "Corporate Authorities") on the Agreement on May 14, 2024 and July 23, 2024, and all notices required by law have been given by the City and Owner; and WHEREAS, the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the annexation agreement have been fully complied with; and WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Agreement, attached hereto, is in the best interests of the health, safety, and welfare of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2.The Annexation Agreement attached hereto and made a part hereof by reference as Exhibit A,be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement. Ordinance No.2024-41 Page 2 Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 13th day of August, A.D. 2024. T CLERK KEN KOCH AYE DAN TRANSIER ABSENT ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this oday of +-- , A.D. 2024. / /MAYOR r Attest: IT CLERK Ordinance No. 2024-41 Page 3 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement"), is made and entered into this 161 day of Ataak,I T , 2024, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Hagemann Family Trust and Green Door Capital, hereinafter jointly referred to as "Owner". WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 138.441 acres, more or less (the "Subject Property"); and, WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as M-2 General Manufacturing District; and, WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to annex the Subject Property and permit the zoning, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and, WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and, WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the "Municipal Code"); and, WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission of the City and has duly held all public hearings relating to zoning, all as required by the provisions of the City's Zoning Code and the Municipal Code(the "Municipal Code"); and, t WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the M-2 General Manufacturing District; and, WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5111-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Conditions of Annexation. A. The City hereby agrees, contemporaneously with annexation, the City shall undertake procedures as required by the City's Unified Development Ordinance to rezone the Subject Property as M-2 General Manufacturing District. B. The Owner agrees to satisfy any and all obligations pertaining to the Subject Agreement pursuant to the Intergovernmental Agreement with Kendall County and the City of Plano Governing the Reconstruction of Eldamain Road attached hereto as Exhibit B. C. The Owner agrees to convey to the City one (1) acre of the subject Property for the purpose of constructing water tower and permanent easement for the extension of a watermain and driveway access to the water tower. Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 2 Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois 60563 To the Owner: Patricia Fleck& Larry Hagemann Hagemann Family Trust 723 Tanager Lane Geneva, IL, 60134 To the Purchaser: Matt Gilbert Green Door Capital 837 W. Junior Ter Chicago, IL 60613 Section 5. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 6. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this 3 Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipa oration By: Mayor Attest: C�`'lt) �«Yk Crt Clerk THE HAGEMANN FAMILY TRUST By: Patricia K. Fleck, Trustee 4 Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk THE HAGEMANN FAMILY TRUST By: c1t Patricia K. Fleck, Trustee 4 Exhibit A LEGAL DESCRIPTION PARCEL]: THATPARTOF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EASTOF THE THIRD PRINCIPAL MERIDIAN, WHICH FALLS WITHIN THE FOLLOWING DESCRIBED TRACTOF LAND: THATPARTOF THE SOUTH 1/2 OF SECTION 6 AND THATPARTOF THENORTHWEST 1/4 OF SECTION 7, DESCRIBED AS FOLLOWS: BEGINNING ATAPOINTIN THE CENTER LINE OF AHIGHWAYNOW KNOWN AS W. BEECHER ROAD WHICH IS NORTH 15 DEGREES 1 1 MINUTES EAST635 FEETFROMTHE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 6;THENCE SOUTH 15 DEGREES I 1 MINUTES WESTALONG SAID CENTER LINE 635 FEETTO THE SOUTHEASTCORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE QUARTER SECTION LINE 8.80 CHAINS;THENCE SOUTH 88 DEGREES WESTALONG A CLAIM LINE 43.78 CHAINS TO THE CENTER LINE OF AHIGHWAYNOW KNOWN AS ELDAMAIN ROAD;THENCENORTH 17 DEGREES 30 MINUTES EASTALONG SAID CENTERLINE 19 CHAINS TO APOINTSOUTH 88 DEGREES 25 MINUTES WESTFROMTHE POINTOF BEGINNING;THENCENORTH 88 DEGREES 25 MINUTES EAST2652 FEETTO THEPOINTOF BEGINNING, ALLIN TOWNSHIP 37 NORTH, RANGE7, EASTOF THETHIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALLCOUNTY, ILLINOIS. PARCEL 2: THATPARTOF THE WEST 1/2 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EASTOF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE WESTLINE OF SAID SECTION, 25.80 CHAINS NORTH OF THE SOUTHWEST CORNER OF SAID SECTION: THENCE EASTERLYON ALINE PARALLEL TO THE SOUTH LINE OF SAID SECTION, 23.94 CHAINS;THENCE NORTHERLYON ALINE PARALLEL WITH THE EASTLINE OF THE WEST 1/2 OF SAID SECTION,45.57 CHAINS;THENCE WASTERLYON A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 20.20 CHAINS TO THE CENTER LINE OF THE ROAD; THENCE SOUTHERLYALONG SAID CENTER LINE TO THE POINTOF BEGINNING; IN BRISTOL TOWNSHIP, KENDALLCOUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING: (1)THATPARTOF THENORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EASTOF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTH WEST CORNER OF SAID SECTION 7;THENCE NORTHERLYALONG THE WESTLINE OF SAID SECTION, 3,1 10.0 FEETFORAPOINTOF BEGINNING;THENCE EASTERLY ATRIGHTANGLES TO SAID WESTLINE,284.0 FEET,THENCE NORTH ERLY PARALLEL WITH SAID WESTLINE, 191.73 FEET,THENCE WES TERLYAT RIGHT ANGLES TO THELASTDESCRIBED COURSE, 284.0 FEETTO THE SAID WESTLINE;THENCE SOUTHERLYALONG SAID WESTLINE, 191.73 FEETTO THEPOINTOF BEGINNING, IN BRISTOL TOWNSHIP, KENDALLCOUNTY, ILLINOIS (2)THATPARTOF THENORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EASTOF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SAID SECTION 7;THENCE NORTHERLYALONG THE WESTLINEOF SAID SECTION, 3301.73 FEETFORAPOINTOF BEGINNING;THENCE EASTERLY ATRIGHTANGLES TO SAID WESTLINE, 284.0 FEET;THENCE NORTHERLYPARALLEL WITH SAID WESTLINE, 526.43 FEET,THENCE WESTERLYALONG ALINE FORMING AN ANGLE OF 88 DEGREES, 30 MINUTES, 00 SECONDS WITH THE LASTDESCRIBED COURSE MEASURED COUNTER-CLOCKWISE THEREFROM, 284.10 FEETTO SAID WESTLINE;THENCE SOUTHERLY ALONG SAID WESTLINE, 519.0 FEETTO THE POINTOF BEGINNING, IN BRISTOL TOWNSHIP, KENDALLCOUNTY, ILLINOIS. (3)THAT PART DEDICATED FOR PUBLIC ROAD BYPLATOF DEDICATION RECORDED JULY27, 2004 AS DOCUMENTNO. 200400020601, DESCRIBED AS FOLLOWS: THATPARTOF THE NORTHWESTQUARTEROF SECTION 7,TOWNSHIP 37 NORTH, RANGE 7, EAST OF THETHIRD PRINCIPAL MERIDIAN DESCRIBED, AS FOLLOWS: BEGINNING ATTHE INTERSECTION OF THE WESTLINEOF SAID NORTHWEST QUARTER WITH THE CENTER LINE OF ELDAMAIN ROAD EXTENDED FROM THE NORTHEAST, WHICH POINT IS DESCRIBED AS BEING 13 27.2 9 FEET SOUTHERLYOF THE NORTHWEST CORNER OF SAID NORTH WEST QUARTER;THENCE NORTHEASTERLYALONG SAIDCENTERLINE 190.57 FEET; THENCE EASTERLYATRIGHTANGLES TO SAID CENTER LINE 40.0 FEET;THENCE SOUTHERLY ALONG ACURVE:TO THE LEFTHAVING ARADIUS OF 1160.0 FEET WITH IS RADIALTO THE LAST DESCRIBED COURSE, 365.38 FEETTO APOINT40.0 FEETEASTERLYOF SAID WESTLINE;THENCE WESTAT RIGHT ANGLES TO SAID WESTLINE40.0 FEETTO SAID WESTLINE;THENCENORTH ALONG SAID WESTLINE 190.57 FEETTO THE POINTOF BEGINNING IN BRISTOL TOWNSHIP, KENDALLCOUNTY, ILLINOIS. 4)THAT PART CONVEYED TO KENDALLCOUNTY ILLINOIS BY WARRANTY DEED RECORDED APRIL 23, 2012 AS DOCUMENTNO. 201200007234, DESCRIBED AS FOLLOWS: TRACTA PARTOF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE7, EASTOF THETHIRD PRINCIPAL MERIDIAN, KENDALLCOUNTY, ILLINOIS. DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM; EASTZONE,NAD 83(97 AD J): BEGINNING ATTHE NORTHWESTCORNER OFTHE SOUTHWEST QUARTER OF SAID SECTION 7;THENCE NORTH 87 DEGREES 20 MINUTES 05 SECONDS EAST30.30 FEETALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7: THENCE SOUTH 01 DEGREES 41 MINUTES 00 SECONDS EAST934.77 FEET;THENCE SOUTH 87 DEGREES 30 MINUTES 51 SECONDS WEST40.90 FEETTO THE WESTLINE OF THE SOUTHWESTQUARTEROF SAID SECTION 7;THENCE NORTH 01 DEGREES 02 MINUTES 01 SECONDS WEST914.44 FEET ALONG THE WESTLINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TO THE TO THE NORTHEASTCORNER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 6, EASTOF SAID THIRD PRINCIPAL MERIDIAN;THENCE NORTH 01 DEGREES 02 MINUTES 30 SECONDS WEST20.44 FEETALONG THE WESTLINE OF THE SOUTHWESTQUARTEROF SAID SECTION 7 TO THE POINTOF BEGINNING, CONTAINING 0.764 ACRES, MORE OR LESS, OF WHICH 0.537 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHT OF WAYFORCOUNTYHIGHWAY7. TRACT B PARTOF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EASTOF THE THIRD PRINCIPAL MERIDIAN, KENDALLCOUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EASTZONE,NAD 83(97 AD.I): COMMENCING ATTHE NORTHWESTCORNER OF THE NORTHWEST QUARTER OF SAID SECTION;THENCE NORTH 87 DEGREES 15 MINUTES 05 SECONDS EAST437.14 FEETALONG THENORTH LINE OF THE NORTHWESTQUARTEROF SAID SECTION 7: THENCE SOUTH 17 DEGREES 00 MINUTES 27 SECONDS WEST 1078.79 FEETTO THE POINTOF BEGINNING;THENCE SOUTH 72 DEGREES 59 MINUTES 33 SECONDS EAST21.70 FEET TO THE SOUTHEAS"IERLYEMSTING RIGHTOF WAYLINE OF COUNTYHIGHWAY7;THENCE SOUTH 09 DEGREES 36 MINUTES 34 SECONDS WEST 142.10 FEETTO THE SOUTHEASTERLYEMSTING RIGHTOF WAYLINE OF COUNTYHIGHWAY7;THENCE NORTH 72 DEGREES 59 MINUTES 33 SECONDS WEST40.00 FEETALONG THE SOUTHEASTERLYEMSTING RIGHTOF WAYLINE OF COUNTYHIGHWAY7 AND THE EXTENSION THEREOF;THENCE NORTH 17 DEGREES 00 MINUTES 27 SECONDS EAST 140.91 FEETTO THE POINTOF BEGINNING, CONTAINING 0.100 ACRES, MORE OR LESS, OF WHICH 0.069 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHTOF WAYFOR COUNTYHIGHWAY7. Exhibit B Ordinance No. 2011-©5 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH KENDALL COUNTY AND THE CITY OF PLANO GOVERNING THE RECONSTRUCTION OF ELDAMAIN ROAD WHEREAS, the United City of Yorkville is a duly organized, and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois; and, WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are "public agencies" within the meaning of the Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.) and have authority to exercise, combine and transfer their powers, functions and authority jointly with each other as public agencies; and, WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are "units of local government" within the context of Section 10 of Article VII, of the Illinois Constitution of 1970 and have the authority to obtain or share services, and to exercise,combine, or transfer any power or function in any manner not prohibited by law or by ordinance; and, WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are authorized pursuant to the above authority to enter into an intergovernmental agreement for the reconstruction, financing, and recapturing of costs for the improvements to Eldamain Road which is under the jurisdiction of Kendall County. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance and incorporate them as though fully set forth herein. Section 2. That the agreement between Kendall County, the City of Plano, and the United City of Yorkville entitled, Intergovernmental Agreement Between Kendall County, City of Plano and City of Yorkville, An Agreement Governing the Reconstruction of Eldamain Road from Menards to Galena Road, ("Intergovernmental Agreement') a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved. Section 3. That the Mayor and City Clerk are hereby authorized to execute and deliver said Intergovernmental Agreement. 1 Section 4. That the officials, officers, and employees of the United City of Yorkville are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and the Intergovernmental Agreement. Section S. This Ordinance shall be in full force and effect upon passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ::-�b—day o ,A.D. 2011. C Y CLERK ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 61ol. day of f:'EBR-t4AV-y ,A.D. 2011. r i MAYOR 2 INTERGOVERNMENTAL AGREEMENT BETWEEN KENDALL COUNTY, CITY OF PLANO AND CITY OF YORKVILLE An agreement governing the reconstruction of Eldamain Road from Menards to Galena Road WHEREAS, Kendall County, the City of Plano, and the City of Yorkville are all units of local government authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220 et seq. and the Illinois Constitution Article VII Sec. 10, and; WHEREAS, Kendall County, hereinafter referred to as County, has jurisdiction over Eldamain Road for its entirety, and; WHEREAS, the County seeks to make certain improvements to Eldamain Road from the Menards Distribution Center north to Galena Road to address the growing capacity needs of the roadway, improve public safety and stimulate the economies of local municipalities, and; WHEREAS, specific improvements for the proposed roadway include the construction of one lane of concrete pavement in each direction, all appropriate turning lanes,paved shoulders, a raised grass median, pavement markings and all other appurtenances necessary to complete the reconstruction of the roadway in accordance with County specifications, and; WHEREAS, the City of Plano, hereinafter referred to as Plano, has corporate boundaries lying immediately adjacent to and West of the centerline of Eldamain Road; and City of Yorkville, hereinafter referred to as Yorkville, has corporate boundaries lying immediately adjacent to and East of the centerline of Eldamain Road, and; WHEREAS, both Plano and Yorkville share the vision of the County to make improvements to Eldamain Road from the Menards Distribution Center to Galena Road for reasons aforesaid,and; WHEREAS, said agencies desire to codify the terms of agreement as they relate to the cost of the project, the recapture of fees, the timing of repayment of fees and expenses, the dedication of necessary rights-of-way, the cost of engineering and any and all other items expressly identified and contained herein. Now, THEREFORE, in consideration of the mutual promises, obligations and undertakings set forth herein,the parties mutually agree as follows: I. The above recitals are incorporated herein by reference. 2. The County will prepare or cause to be prepared all documents related to the reconstruction of Eldamain Road from the Menards Distribution Center north to Galena Road, including, but not limited to, engineering plans, specifications, estimates, contracts, bonds, and certificates of insurance, as well as all documentation required for accurate payment of all contractors and subcontractors working on the project under the terms and conditions of the contract, identified by the County as Section 07-00096-00-RP, at no cost to Plano and Yorkville. 3. The County will acquire necessary rights-of-way for the project, identified as Section 07-00096-00-RP, at no cost to Plano and Yorkville. Plano and Yorkville shall be responsible for acquiring rights of way for future improvements as set forth in paragraph 11 below. 4. As lead agency, the County will cause the reconstruction of Eldamain Road to be completed in a timely manner, and will make payment(s) to those performing the work in accordance with the contract documents. 5. The parties mutually agree that the estimated cost to improve Eldamain Road is $6.3 million. Said costs shall be divided and assessed equally between the County, Plano and Yorkville, with the municipal shares being assessed per lineal foot of frontage along Eldamain Road. It is the understanding of all parties hereto that the Municipal Corporations, Plano and Yorkville, will not be responsible to directly pay said fees, but shall collect fees pursuant to recapture agreements as permitted by law in any applicable annexation agreement from future municipal developments, and upon receipt of such fees from developers shall turn over those fees to the County as a recapture of costs for construction of the roadway. 6. The City of Plano and the United City of Yorkville have heretofore entered into a Boundary Agreement between the United City of Yorkville, Illinois, and the City of Piano, Illinois, a copy of which has heretofore been filed for record in the Office of the Recorder of Deeds of Kendall County as Document Number 200100005727 and Document Number 200500008114. Said Agreement between the cities provides, at Paragraph 7, for a cost sharing for future improvements to Eldamain Road. 7. Pursuant to the terms of Paragraph 7 of the Boundary Agreement, the City of Plano has already expended the sum of$3,400,000.00 for improvements to Eldamain Road. The obligation of the City of Plano to contribute further to the costs to improve Eldamain Road contemplated by the Agreement shall not occur until such time as the United City of Yorkville has contributed from recapture fees not less than $3,400,000.00 to the project as set forth in the following Paragraphs of this Agreement. 8. Based upon current estimates, the City of Plano's share of the costs of the project will be $2,100,000.00 (1/3rd of $6,300,000.00). Accordingly, based upon current estimates of cost, the contribution to be collected by the City of Plano will be in the sum of$400,000.00. 9. Based upon current estimates, the share of the cost to be recaptured by the United City of Yorkville shall be assessed at $336.59 per lineal foot of frontage on the East side of Eldamain Road (11,290.00 lineal feet) and that the share of the cost to be recaptured by the City of Plano shall be assessed at $34.85 per lineal foot along the West side of Eldamain Road (11,468 lineal feet) , and shall be paid to the County under the following terms. Plano agrees to make every reasonable effort to assess through recapture and collect not less than $34.85 per lineal foot and Yorkville agrees to make every reasonable effort to assess through recapture and collect not less than $336.59 per lineal foot from all developments in each respective community that have frontage on Eldamain Road between Menards Distribution Center and Galena Road, excluding those properties that have existing annexation agreements approved as of the date of the signing of this instrument. Collected fees shall be paid to the County not more than 180 days after recording of the final plat for any and all municipal developments that have frontage on Eldamain Road. 10. Upon completion of the improvements and the finalization of the computation of the costs of the project, the parties agree to execute an Amendment to this Agreement incorporating the final "AS BUILT" costs and adjusting, based upon final "AS BUILT" costs, the allocations set forth above. 11. In order to accommodate future multi-lane improvements, Plano and Yorkville also agree to use their best efforts to acquire from all future developed properties with frontage along Eldamain Road and to grant to the County of Kendall, at no costs to the Cities, not less than 60' nor more than 75' of road right-of-way, measured from the centerline of Eldamain Road to the right-of-way line, along the entire frontage of all developed properties that have frontage along Eldamain Road, at the time of annexation or platting of said developing properties. The exact width of right-of-way required shall be designated by the County Engineer of Kendall County. 12. In the event federal stimulus funds, or any other federal or state grant funds are allocated for the reconstruction of Eldamain Road, Section 07-00096-00-RP, the municipal share of recapture costs, identified above, shall be reduced proportionally for both Plano and Yorkville. Specifically, recapture costs per lineal foot shall be reduced to equal the following: Yorkville: [I - Grant Funds / $6.3 million] x $336.59; Plano: [1 - Grant Funds/$6.3 million] x $34.85. 13. This Agreement is executed in triplicate and each party shall retain one completely executed copy, each of which is deemed an original. 14. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral. This Agreement supersedes any prior written or oral agreements between the parties and may not be modified except in writing acknowledged by all parties. 15. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this agreement is invalid or unenforceable, but that by limiting such provision it becomes valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 16. This agreement shall be in full force and effect for a period of 20 years from the date of execution of the agreement. 17. This Agreement may be terminated only by mutual consent of all of the parties acknowledged in writing. IN WITNESS WHEREOF, the parties mutually agree to the terms and conditions contained herein. FOR THE COUNTY ATTEST NAME John Purcell Debbie Gillette TITLE Co Board Chair County Clerk SIGNATURE DATE '1 311�Jjl FOR THE CITY OF PLANO ATTEST NAME Robert Hausler Deanna Brown TITLE Mayor of Plano City Clerk SIGNATURE Azo--A-,OL� DATE FOR THE CITY OF YORKVILLE ATTEST NAME Valerie Burd Jacquelyn Milschewski TITLE Mayor of Yorkville City Clerk SIGNATURE DATE ,,2/a a Jot 0