Ordinance 2009-40 I
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STATE OF ILLINOIS )
COUNTY OF KENDALL )
71:;a F E3 IF-9 3. E
KENDAL,L_ C;CIUNTY, 7:1...
RECORDED: 9/24/2009 9:30 AM
ORDI: 88.00 RHSPS FEE: 10.00
PAGES: 43
Ordinance No. 2009 - '_ A[D/
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT
(Haehner Property)
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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 City and Alan Haehner (the "Owner "), desire to enter into an
Annexation Agreement (the "Agreement "), regarding property owned by the Owner at the
northwest corner of Ament and Ashley Roads which is approximately one hundred twenty (120)
acres (the "Subject Property "); and,
WHEREAS, the Subject Property is anticipated to become contiguous to the existing
boundaries of the city and is not within the boundaries of any other city; and,
WHEREAS, a public hearing was conducted by the Plan Commission on May 13, 2009;
and,
WHEREAS, the Mayor and City Council conducted a public hearing on the annexation
agreement on August 11, 2009 and all notices required by law have been given by the City and
Owner; and,
WHEREAS, the Corporate Authorities have concluded that the approval and execution
of the proposed Annexation Agreement, attached hereto, is in the best interests of the health,
safety, and welfare of its citizens.
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.
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Section 2. The attached Annexation Agreement is hereby approved, and the Mayor and
City Clerk are hereby authorized and directed to execute and deliver same.
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Section 3. This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of , A.D. 2009.
City rk
ROBYN SUTCLIFF DIANE TEELING
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS _ 0 G GILSON, JR.
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this o? l day of A C W5T , A.D. 2009.
Mayor
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ANNEXATION AGREEMENT
BETWEEN
ALAN R. HAEHNER, AS OWNER
AND
THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
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Prepared by:
Robert E. Nelson
Nelson & Shea Ltd.
30 South Stolp Avenue, Suite 402
Aurora, IL 60506
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TABLE OF CONTENTS
Page
RECITALS: ................................................................................................................................... 1
A. ANNEXATION ................................................................................... ..............................2
B. ZONING .............................................................................................. ..............................3
C. FEES, DONATIONS AND CONTRIBUTIONS ............................... ............................... 3
D. UTILITIES AND ROAD RIGHT -OF- WAY ..................................... ............................... 5
E. RECAPTURE ........................................................... ..............................7
F. STORM WATER FACILITIES ......................................................... ............................... 7
G. AMENDMENTS TO ORDINANCES ............................................... ............................... 8
H. SPECIAL ASSESSMENT OR SPECIAL USE . ................ .::............................................ 8
I. LIMITATIONS .................................................................................... ..............................8
J. YORKVILLE BRISTOL SANITARY DISTRICT ........................... ............................... 8
K. CONFLICT IN REGULATIONS ....................................................... ............................... 8
L. TRANSFER ......................................................................................... ..............................8
M. CITY ASSISTANCE .......................................................................... ............................... 9
N. GENERAL PROVISIONS ................................................................. ............................... 9
O. LIST OF EXHIBITS ......................................................................... ............................... 13
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THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Robert E. Nelson
Nelson & Shea Ltd.
30 South Stolp Avenue
Suite 402
Aurora, Illinois 60506
ANNEXATION AGREEMENT OF
ALAN R. HAEHNER AND THE UNITED CITY OF YORKVILLE
(Haehner Property)
THIS ANNEXATION AGREEMENT, including all Exhibits and attachments
( "Agreement "), is made and entered as of the day of , 2009 by and between
ALAN R. HAEHNER, (referred to as "OWNER ") and the UNITED CITY OF YORKVILLE
(hereafter referred to as "CITY "), a municipal corporation organized and existing under and by
virtue of the laws of the State of Illinois by and through its Mayor and Aldermen ( "Corporate
Authorities "). OWNER and CITY are sometimes hereinafter referred to individually as a
"Party" and collectively as the "Parties ".
RECITALS:
A. OWNER is the owner of record of the real estate legally described on Exhibit "A"
attached hereto ( "hereafter referred to as "Subject Property ").
B. OWNER desires to annex the Subject Property to CITY on the terms and
conditions as set forth in this Agreement.
C. The Subject Property is located within the Bristol - Kendall Fire Protection
District and the Kendall Township Road District and will remain within the jurisdiction of the
Bristol - Kendall Fire Protection District and, upon annexation, will be served by CITY'S public
library. The Subject Property adjoins, abuts, and is contiguous to a) a portion of a certain right -
of -way known as Ament Road, dedicated for public purposes, and b) a portion of certain right -
of -way known as Ashley Road, dedicated for public purposes. The contiguous portions of
Ament Road and Ashley Road have not been annexed to any municipality.
D. The Subject Property constitutes territory that may become contiguous to and
may be annexed to the City, as provided under §7 -1 -1, et seq., of the Illinois Municipal Code (65
ILCS 5/7 -1 -1, et seq.). It is not within the boundary of any other municipality.
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of CITY upon the matters covered by this Agreement. Pursuant to the provisions
of Section 11- 15.1 -1 of the Illinois Municipal Code, et seq. a proposed annexation agreement in
substance and form the same as this Agreement was submitted to the Corporate Authorities and a j
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public hearing was held thereon pursuant to notice, all as provided by statute and the ordinances
of the City.
F. CITY has given all appropriate notices due to be given pursuant to applicable
provisions of the Illinois Municipal Code and CITY Ordinances. The Kendall Township
Highway Commissioner, the Kendall Township Board of Trustees, and other entities or persons
entitled to notice prior to annexation of the Subject Property to the City have been given notice
thereof by the City as required by law.
G. The Corporate Authorities, after due and careful consideration, have concluded
that the annexation and rezoning of the Subject Property as provided for herein will inure to the
benefit and improvement of CITY in that it will increase the taxable value of the real property
within its corporate limits, promote the sound planning and development of CITY and will
otherwise enhance and promote the general welfare of the people of CITY.
H. It is the desire of CITY and OWNER that the annexation and use of the Subject
Property proceed, in accordance with the terms and provisions of this Agreement, and be subject
to the applicable ordinances, codes and regulations of CITY now in force and effect, except as
otherwise provided in this Agreement.
I. The CITY's Plan Commission has considered the annexation and zoning, and
the Corporate Authorities of CITY have heretofore approved the proposed land use and the
zoning of the Subject Property.
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NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement upon the
following terms and conditions:
A. ANNEXATION.
1. This Agreement is made pursuant to and in accordance with the provisions of
Sections 11- 15.1 -1 et. seq., of the Illinois Municipal Code (65 ILCS 5/1 -11- 15.1 -1 et. seq.); and
all publication and notice requirements had been met prior to the public hearing on the
Agreement.
2. The Owner has filed with the City Clerk a Petition for Annexation for the
Subject Property to the United City of Yorkville, conditioned on the terms and provisions of this
Agreement, which petition has been prepared, executed, and filed in accordance with 65 ILCS
5/7 -1 -8, and the ordinances and other requirements of the City. A copy of said Petition is
attached hereto as Exhibit B and made a part hereof. The City has filed with the City Clerk a
preliminary Plat of Annexation which contains an accurate map of the Subject Property, which
Plat is attached hereto as Exhibit C and made a part hereof The Corporate Authorities hereby
waive payment of all fees and deposits required for such annexation.
3. Once the Subject Property becomes contiguous with the CITY, Corporate
Authorities shall promptly enact such ordinances as necessary to annex the Subject Property into
the corporate limits of CITY pursuant to the Petition for Annexation and subject to the terms of
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this Agreement. It is agreed that CITY Clerk will promptly record the enacted annexation
ordinance and the Plat of Annexation with the Kendall County Recorder's Office and will file
same with the Kendall County Clerk's Office.
4. If for any reason and at any time the annexation of the Subject Property to
CITY is legally challenged by any person or entity by an action at law or in equity, CITY shall:
(i) cooperate with the OWNER in the defense of such action through all proceedings, including
any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the
Illinois Municipal Code to annex the Subject Property and /or other properties to CITY so that the
annexation of Subject Property to CITY can be sustained and /or effected.
5. The parties acknowledge that Owner is not currently requesting that the
Subject Property be subdivided or that specific improvement or development be approved by
CITY. As such, the parties agree that the annexation of the Subject Property shall not in and of
itself require Owner to make improvements to the Subject Property until such improvements are
otherwise required pursuant to the ordinances of the CITY once subdivision or other
development of the Subject Property is formally commenced.
B. ZONING
Concurrently with the annexation of the Subject Property to the CITY, the Corporate
Authorities shall adopt such ordinances as may be necessary and appropriate to classify the
Subject Property as One Family Residence District (R -2) and limit the number of residential
units to be constructed on the Subject Property to a maximum of three hundred (300). Since,
prior to the date of this Agreement, all public hearings necessary to enable City lawfully to grant
said zoning classifications to the Subject Property were properly convened and conducted upon
prior notice, no further action needs to be taken by Owner to cause Subject Property to have the
zoning classification of One Family Residence District (R -2) once the Subject Property is
annexed to City. In the meantime, Owner shall be permitted to continue to use the Subject
Property for agricultural and related accessory land uses provided, however, should
improvements commence on a portion of the Subject Property for which a subdivision plan or
site development plan has been approved, then farming and ancillary uses shall cease on that
portion of the Subject Property included in said subdivision plan or site development plan. For
any and all portions of Subject Property which Owner devotes to farming City shall suspend
enforcement of any City ordinance that forbids burning of leaves or brush within City limits but
such burning shall be subject to any fire protection district regulation.
C. FEES, DONATIONS AND CONTRIBUTIONS.
Owner shall not be required to donate any land or money to City, except as expressly
provided herein. Since City sought from Owner the Owner's consent to annex to City, as part
consideration for Owner's cooperation and agreement to annex the Subject Property to City, the
Corporate Authorities hereby agree to assume the expense for and hereby waives the normal fees
or contributions for the following:
1. City shall assume all expense for consultants' services related to the
preparation of survey and plats, public notice publications, City attorneys' services, City
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engineers' services, preparation of ordinances, annexation filing fees and fees to record this
Agreement, all exhibits and all required annexation plats.
2. City shall provide, at no expense to Owner, through its engineer or
planner, an initial concept plan, if Owner desires that a concept plan be prepared.
3. City shall rebate to Owner so much of each real estate tax bill that Owner
receives that pertains to the general City tax levy and the City library tax levy on the Subject
Property, provided that Owner shall first present a copy of the real estate tax bill for which a
rebate is sought to the City Treasurer. The City shall process and pay the rebate to Owner within
30 days of presentation to the Treasurer of a tax bill copy. The privilege for rebate, as provided
in this paragraph, shall cease for each portion of the Subject Property that is covered by an
approved Final Plat of Subdivision. The privilege for rebate, as provided in this paragraph, shall
also cease for each defined portion of the Subject Property for which a building permit has been
issued for construction of a commercial building (assuming no prior subdivision of the property
is required under the City's subdivision ordinances and proper zoning approval for such use has
occurred). j
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4. The Corporate Authorities hereby waive any requirements under existing
City ordinances for the payment of any fees for the initial re- zoning of the Subject Property.
5. City hereby waives any requirement under existing City ordinances that
would compel Owner to pay any fee and /or to donate any land pursuant to the school district
land cash ordinance and the land cash ordinance for City park purposes at the time of annexation,
provided, however, that for each portion of the Subject Property that is included in an approved
Final Plat of Subdivision, upon such approval the school district land cash ordinance and the
land cash ordinance for City park purposes shall apply.
6. Once the requisite water service lines are installed and water service is
available to the Subject Property, the Subject Property shall be entitled to one (1) residential
water service hook up without the prior payment of the water service hook up fee.
7. Once the requisite sanitary sewer lines are installed and sanitary sewer
service is available to the Subject Property, the City shall waive one (1) residential sanitary
sewer service hook up fee to the Subject Property.
The Parties hereto as agree that Exhibit "D" attached hereto and incorporated herein by
this reference, is a schedule of fees and contributions which are intended to become due and
payable upon the approval of a Final Plat of Subdivision or the issuance of a building permit as
the case may be.
D. UTILITIES AND ROAD RIGHT OF WAY
1. The PARTIES acknowledge there are no utilities currently serving the
PROPERTY and the CITY shall not be obligated to extend utilities to the PROPERTY.
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2. In addition to any other requirement of this Agreement, the Owner shall, within
sixty (60) days of the City's written request, grant the City one or more permanent municipal and
public utility easements to facilitate the extension of the City public water supply, sanitary sewer
or storm sewer systems. The location of the permanent easements shall be subject to the mutual
approval of the Owner and the City, provided however, that the City and the Owner hereby
approve easements located within fifty (50) feet of any boundary of the Parcel and within any
other portion of the Parcel in which the City may compel a right of way dedication under the
terms of this Agreement. Furthermore, the Owner shall, within sixty (60) days of the City's
written request, grant the City one or more temporary construction easements to facilitate the
extension of the City public water supply, sanitary sewer system_ and storm sewer system. The
location of a construction easement shall generally correlate to the location of the related
permanent easement but shall be one hundred (100) feet in width. All work undertaken by the
City or its licensees shall be undertaken with reasonable care and in a workmanlike manner. The
City, at its expense, shall cause the restoration of all surfaces or structures disturbed by the
construction of the aforesaid improvements. In addition, the City shall schedule and coordinate
the construction of improvements so as to avoid crop losses. The City shall defend and
indemnify the Owner from and against any and all claims asserted by third parties in connection
with the City's use or occupancy of the easement premises described in this sub - paragraph.
All easements and dedications required by this Agreement shall be in writing and shall
also be depicted in a Plat of Subdivision, Plat of Easement or Plat of Dedication in recordable
form prepared by a professional land surveyor. All public utility easements shall grant and
convey the property rights customarily conveyed in a public utility easement including, but not
limited to, the right of access thereto for personnel and equipment as may be necessary to install,
operate, repair, maintain and replace such facilities.
3. In connection with the two specific related development agreements identified
below, Owner acknowledges that after annexation of the Subject Property a legal duty to pay
certain fees and the reimbursement of certain costs may arise but only in the event that the
parties to said agreements have specifically performed their respective obligations. Owner
further acknowledges that Owner or his successors and assigns will be responsible for the
payment of those fees and costs to the extent required by law upon the development of the
Subject Property. The two development related agreements to which this provision pertains are:
a. The Yorkville South Annexation and Planned Unit Development Agreement approved
by Ordinance 2007 -24 ( a copy of the pertinent sections of which are attached hereto as
Exhibit "E" and made a part hereof ) which provides in part that in the event the
developer of the real property described by said agreement constructs the water and
sanitary sewer infrastructure described by Section 6 and Section 7 and applicable exhibits
of said agreement, the Owner or his successors or assigns will become responsible to pay
a proportionate share of City Sanitary Connection Fees and City Water Connection Fees
as such are determined to be due at the time of approval of each Final Plat of Subdivision
of all or any part of the Subject Property.
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b. The Coach Road Hills Planned Unit Development Agreement (a.k.a. Windett Ridge)
approved by Resolution 2000 -14 ( a copy of the pertinent sections of which are attached
hereto as Exhibit "F" and made a part hereof ) which provides in part that if the developer
of the so- called Windett Ridge development installs water and sanitary sewer facilities
which are oversized, then the Owner or his successors or assigns will become responsible
to pay a proportionate share of water and sanitary sewer infrastructure oversizing to the
Windett Ridge developer or his successors or assigns, payable at the time of approval of
the each Final Plat of subdivision of all or any part of the Subject Property. The Parties
acknowledge that a formal recapture agreement for the Windett Ridge infrastructure
oversizing is not currently approved, though such recapture agreement is anticipated. In
the event that such recapture agreement is approved, the total share of said infrastructure
oversizing recapture to be borne by the Subject Property is estimated to be 15.7% or
$60,709.20. Said estimate is described in Exhibit "G" which is attached hereto and made
a part hereof.
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4. Upon the platting of any portion of the Subject Property or within sixty (60) days of j
the City's written request, whichever first occurs, Owner or his successors or assigns shall
convey by recordable warranty deed to the City or to its nominee, unencumbered fee title to
those portions of the Subject Property lying within the following tracts:
a. That part of the North half of Section 15, Township 36 North, Range 7 East of the
Third Principal Meridian, Kendall Township, Kendall County, Illinois lying within 40
feet of and normally distant from the existing centerline of Ament Road; and
b. That part of the North half of Section 15, Township 36 North, Range 7 East of the
Third Principal Meridian, Kendall Township, Kendall County, Illinois lying within 40
feet of and normally distant from the existing centerline of Ashley Road; and
c. That part of the North half of Section 15, Township 36 North, Range 7 East of the
Third Principal Meridian, Kendall Township, Kendall County, Illinois lying within 100
feet of and normally distant from the existing centerline point of intersection of Ament
Road and Ashley Road; provided however, the City shall vacate the dedication required
under this subparagraph c. (except for those parts thereof that would fall within the
dedications called for in subparagraphs a. and b. above) upon the written request of the
current owner(s) of the Subject Property in the event that City has not commenced
construction of a single lane roundabout at the intersection of Ashley Road and Ament
Road within 36 months after the date of the instrument of dedication.
E. RECAPTURE
Except for those recapture items described by Section D.3 above, the City represents and
warrants to OWNER that OWNER shall not, upon annexation of the Subject Property, become
liable to CITY or any other party for recapture of costs for the installation of any sewer or water
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lines or storm water lines and /or storage facilities or other public improvements that are now or
later do become available to serve the Subject Property, provided that the abeyance of recapture
for sewer or water lines or storm water lines and /or storage facilities or other public
improvements shall cease for each portion of the Subject Property included in an approved Final
Plat of Subdivision.
F. STORM WATER FACILITIES
Until such future time when Owner shall seek to subdivide and further develop the
Subject Property, Owner shall not provide for storm water drainage and the retention /detention
thereof upon and from the Subject Property. However, for each portion of the Subject Property
that is included in an approved Final Plat of Subdivision the City storm water facilities
ordinances shall apply.
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G. AMENDMENTS TO ORDINANCES
1. For a period commencing with the date of this Agreement and continuing
until the expiration of eight (8) years following the date of the approval of the ordinance
annexing the Subject Property to the City, any ordinances, regulations, development fee
schedules, or codes which are subsequently enacted by CITY shall not be applied to the
development of the Subject Property except upon the written consent of OWNER. Nevertheless,
in the event CITY is required to modify, amend, or enact any ordinance, regulation schedule or
code, and to apply the same to the Subject Property pursuant to the express and specific mandate
of any other governmental authority and applicable generally within CITY and not specifically to
the SUBJECT PROPERTY, such ordinance, regulation, schedule or code shall apply to the
Subject Property, requiring owner's compliance, provided, however, that any so called
"grandfather" provision contained in such other governmental mandate which would serve to
exempt or delay implementation against the Subject Property shall be given full force and effect.
Nothing herein shall be construed as to prevent OWNER from contesting or challenging any
such mandate of any other governmental authority at the sole cost of OWNER in any way
legally possible, including, without limitation, by challenging such mandate on its face or as
applied to the Subject Property in any administrative or judicial forum having jurisdiction.
2. Notwithstanding any of the terms or provisions of this Agreement, no
change, modification or enactment of any ordinance, code or regulation, so long as they do not
affect CITY's Insurance Services Office, Inc. (ISO) insurance rating, shall be applied following
the execution of this Agreement so as to: (i) affect the zoning classifications of the Subject
Property, (ii) affect the uses permitted under the Zoning Ordinances of CITY specified under this
Agreement, or (iii) interpret any CITY ordinance in a way so as to prevent OWNER or
OWNER'S assigns from developing the Subject Property or any portion thereof in accordance
with this Agreement. Except as modified by the previous sentence and the provisions hereof or
other terms and provisions of this Agreement, OWNER shall comply in all respects with the
conditions and requirements of all ordinances of CITY, applicable to the Subject Property and all
property similarly situated and zoned within CITY as such ordinances may exist from time to
time subsequent to annexation to CITY. Nevertheless, if there are enacted any ordinances,
resolutions, regulations, or codes or changes thereto which are less restrictive in their application
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to similarly situated and zoned lands, then OWNER, at OWNER'S election, shall be entitled to
application of such less restrictive ordinances, regulations and /or codes to the Subject Property
and any portion thereof.
3. OWNER and all successor parties in interest to the Subject Property or
any part thereof shall be entitled to take advantage immediately of any future amendment(s) to
CITY'S ordinances, regulations development fee schedules, resolutions and /or codes that
establish provisions that are less restrictive than the provisions of CITY'S current codes in effect
as of the effective date of this Agreement so long as such less restrictive provisions do not
frustrate the purpose of this Agreement or the intent of the parties relative to the development of
the Subject Property. In the event of any conflict between the provisions of this Agreement, and
the ordinances, schedules, codes, regulations and resolutions of CITY, the provisions of this
Agreement shall control over the provisions of any ordinances, codes, regulations and resolutions
of CITY.
H. SPECIAL ASSESSMENT OR SPECIAL USE.
Any special assessment or special use district created and imposed by City ordinance
shall not be effective against the Subject Property without OWNER'S prior written consent.
I. LIMITATIONS
In no event, including, without limitation, the exercise of the authority granted in Section
11 -12 -8 of the Illinois Municipal Code the CITY shall not require that any part of the Subject
Property be designated for public purposes, except as otherwise expressly provided in this
Agreement and except at the time of approving any subdivision plat for the Subject Property.
J. YORKVILLE BRISTOL SANITARY DISTRICT.
CITY shall not currently require that Owner shall annex the Subject Property or any part
thereof to the Yorkville Bristol Sanitary District, provided however, that for each portion of the
Subject Property that is included in an approved Final Plat of Subdivision that City is called upon
to approve, City may require, as a condition of approval, that the property which is the subject of
the Final Plat be annexed to a sanitary district capable of serving the property.
K. CONFLICT IN REGULATIONS
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The provisions of this Agreement shall supersede the provisions of any ordinance, code,
or regulation of CITY which may in conflict with the provisions of this Agreement.
L TRANSFER
It is specifically understood and agreed that OWNER and OWNER'S successors and
assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject
Property or any part thereof and the improvements thereon to other persons, trusts, partnerships,
firms, or corporations for ownership, operation, investment, building, financing, developing,
construction and all such purposes, and that said persons, trusts, partnerships, firms or
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corporations shall be entitled to the same rights and privileges and shall have the same
obligations as OWNER has under this Agreement, and upon such transfer, such obligations
relating to that pant of the Subject Property sold, transferred, mortgaged or assigned shall be the
sole obligation of the transferees, and transferor shall be relieved of all duties and obligations
hereunder relating to that portion of the Subject Property, or part thereof so sold, transferred or
assigned.
M. CITY ASSISTANCE
CITY agrees to cooperate as requested by OWNER in applying for and obtaining any and
all approvals or permits necessary for the development of the Subject Property, including, but not
limited to those required from the Illinois Environmental Protection Agency, the Army Corps of
Engineers, the Federal Emergency Management Agency, Illinois Department of Transportation,
the Illinois Department of Natural Resources, and Kendall Township. CITY further agrees to
reasonably cooperate with OWNER in obtaining all permits and approvals required by the
County of Kendall and all other governmental units in connection with the eventual development
of the Subject Property.
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N. GENERAL PROVISIONS
1. Enforcement
a. This Agreement shall be governed by the laws of the State of
Illinois and shall be enforceable in the Circuit Court of Kendall County by any of the parties or
their successors or assigns.
b. In the event of a material breach of this Agreement, the parties
agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the
same prior to the nonbreaching party's seeking of any remedy provided herein; provided,
however: (i) any breach by OWNER reasonably determined by CITY to involve health or safety
issues may be the subject of immediate action by CITY without prior notice or thirty (30) days to
cure; and (ii) if the cure for any breach that does not involve health or safety issues cannot
reasonably be achieved within thirty (30) days, the cure period shall be extended provided the
breaching party commences the cure of such breach within the original thirty (30) day period and
diligently pursues such cure to completion thereafter.
C. In the event the performance of any covenant to be performed
hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable
control of the party responsible for such performance (which causes shall include, but not limited
to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the
revocation, suspension, or inability to secure any necessary governmental permit, other than a
CITY license or permit; and any similar case) the time for such perfonnance shall be extended
by the amount of time of such delay.
d. The failure of the parties to insist upon the strict and prompt
performance of the terns, 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
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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.
e. This Agreement contains all the terms and conditions agreed upon
by the parties hereto and no other prior agreement regarding the subject matter hereof shall bind
the Parties. The parties acknowledge and agree that the terms and conditions of this Agreement
have been reached through a process of good faith negotiation, both by principals and through
counsel, and represent terms and conditions that are deemed by the Parties to be fair, reasonable,
acceptable and contractually binding upon each of them.
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2. Successors and Assigns This Agreement shall inure to the benefit of and
be binding upon the OWNER and OWNER'S successors in title and interest, and upon CITY,
and any successor municipalities of CITY. It is understood and agreed that this Agreement shall
run with the land and as such, shall be assignable to and binding upon subsequent grantees and
successors in interest of the OWNER and CITY. The foregoing to the contrary notwithstanding,
the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed
by any purchaser of a lot improved with a dwelling unit who acquires the same for residential
occupancy, unless otherwise expressly agreed in writing by such purchaser.
3. Notices Notices or other materials which any party is required to, or may
wish to, serve upon any other party in connection with this Agreement shall be in writing and
shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the
date delivered personally or on the second business day following the date sent by certified or
registered mail, return receipt requested, postage prepaid, addressed as follows:
If to Owner: Alan R. Haehner
19457 Heitel Way
Prior Lake, MN 55732
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with a copy to: Robert E. Nelson
Nelson & Shea Ltd.
30 South Stolp Avenue, Suite 402
Aurora, IL 60506
Phone: (630) 892 -4344
Fax: (630) 892 -4371
If to City: United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
with a copy to: City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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or to such other persons and /or addresses as any party may from time to time designate in a
written notice to the other parties.
4. Severability This Agreement is entered into pursuant to the provisions of
the Illinois Municipal Code. In the event any part or portion of this Agreement, or any provision,
clause, word, or designation of this Agreement is held to be invalid by any court of competent
jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to
be excised from this Agreement and the invalidity thereof shall not affect such portion or
portions of this Agreement as remain. In addition, CITY, OWNER shall take all action
necessary or required to fulfill the intent of this Agreement.as to the use and development of the
Subject Property.
5. Agreement This Agreement, and any Exhibits or attachments hereto, may
be amended from time to time in writing with the consent of the parties, pursuant to applicable
provisions of CITY Code and Illinois Municipal Code This Agreement may be amended by
CITY and the owner of record of a portion of the Subject Property as to provisions applying
exclusively thereto, without the consent of the owner of other portions of the Subject Property
not affected by such Agreement.
6. Necessary Ordinances and Resolutions CITY shall pass all ordinances
and resolutions necessary to permit the OWNER and OWNER'S successors or assigns, to
develop the Subject Property in accordance with the provisions of this Agreement, provided said
ordinances or resolutions are not contrary to law. CITY agrees to authorize the Mayor and CITY
Clerk to execute this Agreement or to correct any technical defect which may arise after the
execution of this Agreement. Within 30 days after the execution hereof, the text of this
Agreement shall be recorded in the office of the Recorder of Deeds in Kendall County, Illinois at
City's sole cost and expense.
7. Term of Agreement The term of this Agreement shall be twenty (20)
years. In the event construction is commenced within said twenty -year period all of the terms of
this Agreement shall remain enforceable despite said time limitation, unless modified by written
agreement of CITY and OWNER.
8. Captions and Paragraph Headings The captions and paragraph headings
used herein are for convenience only and shall not be used in construing any term or provision of
this Agreement.
9. Recitals and Exhibits The recitals set forth at the beginning of this
Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall
constitute substantive provisions of this Agreement.
10. Counterparts This Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
document.
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11. Time Is of the Essence Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants contained in this
Agreement shall be performed in a timely manner by all parties hereto.
12. Exculpation It is agreed that CITY is not liable or responsible for any
restrictions on CITY's obligations under this Agreement that may be required or imposed by any
other governmental bodies or agencies having jurisdiction over the Subject Property, CITY, or
OWNER, including, but not limited to, county, state or federal regulatory bodies.
13. Use of Plural Whenever the plural form of a word is used herein, it shall
be interpreted to mean the singular form of the same word if the singular form is applicable.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
OWNE
Dated: oe
A Kn R. Hae er
CITY:
United City of Yorkville
Illinois Municipal Corporation
By: "" 2l u Attest:
Mayor Cit Clerk
Dated:
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LIST OF EXHIBITS
EXHIBIT "A" SUBJECT PROPERTY LEGAL DESCRIPTION
EXHIBIT "B" PETITION FOR ANNEXATION
EXHIBIT "C" PRELIMINARY PLAT OF ANNEXATION
EXHIBIT "D" FEE SCHEDULE
EXHIBIT "E" YORKVILLE SOUTH AGREEMENT TERMS
EXHIBIT "F" COACH ROAD HILLS PLANNED UNIT DEVELOPMENT
AGREEMENT TERMS (A.K.A. WINDETT RIDGE)
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EXHIBIT "G" WINDETT RIDGE UTILITY RECAPTURE ESTIMATES
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EXHIBIT A
LEGAL DESCRIPTION
The South 1/2 of the Northeast 1/4 of Section 15 and the East 1/2 of the East 1/2 of the
Northwest 1/4 of Section 15, in Township 36 North, Range 7, East of the Third Principal
Meridian, in the Township of Kendall, Kendall County, Illinois.
(Permanent Property Index #05 -15- 200 -002)
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' EXHIBIT El
�����
COMMUNITY DEVELOPMENT
WE - DEPARTMENT
PC # A 00 0 1 - 0 5
APPLICATION & PETITION
ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST
Development Name: Date of Submission:
Requesting: 8 Annexation $ Zonin
conditioned upon approval o mutually acceptable annexation agreement
1. Name of Petitioner(s): Alan R. Haehner
Address: 19457 Heitel Way, Prior Lake, MN LSD5 ; � 7 ,
Phone Number. _9 -�/ -��'/7 Fax Number.
Email Address: J.
Relationship of Petitioner(s) to subject property.
U Owner - d Developer p Contract Purchaser
2. Name of holder of legal title, if different from #1:
If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein:
3. a). (1). Street address and physical location of subject property:
unimproved farm land at northwest corner of Ament and Ashley Roads
(ii). Zoning of surrounding parcels:
North: A -1 Kendall County
South: A -1 Kendall County
East A -1 Kendall County
West A -1 K endall C ounty
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EXHIBIT B
b). Legal description of property: attach as Exhibit "A °.
c). Total Acreage: 120 acres
d). Kendall County Parcel Number(s) of property: 05 -15 -200 -002
e). Current Zoning Classification: A -1 Kendall County
f). Zoning Classification Requested: R -2 One Family Residence District
g). Is this property within City limits? Yes x No, requesting annexation
4. Names and addresses of any adjoining or contiguous landowners and landowners within 500'
entitled to notice of petition under any applicable City ordinance or State Statute:
Attach a separate list and label as Exhibit "B'.
5. List all governmental entities or agencies required to receive notice under Illinois law:
Kendall County Soil and Water Conservation District
Kendall Township Highway Commissioner
Kendall Township Board of Town Trustees
6. List the Illinois Business Tax Number (1BT #) for the State of Illinois and names of businesses
located on subject property to be annexed:
7. Does a flood plain exist on the subject property? No
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8. Do Electors reside on the subject property? N
If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a
resident of the parcel who is a registered voter. Legal owners of the annexing parcel must
sign the petition regardless of place of residence or legal voting status.)
9. Contact Information: Name, address, phone number, fax number, and email address of person to
whom inquiries regarding this petition may be directed:
Attorney: Name: Robert E. Nelson
Address: 30 S. Stolp Ave., Suite 402, Aurora, IL 60506
Phone Number. ( 630) 892 -4344 Fax Number. ( 630) 892 -4371
Email Address: nelsonandshea@ameritech.net
Engineer. Name:
Address:
Phone Number. Fax Number.
Email Address:
Land Planner. Name:
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EXHIBIT B
10. The subject property is not situated within the corporate limits of any municipality.
11. The subject property is not yet contiguous with the United City of Yorkville, Kendall County,
Illinois, but is to be contiguous at the time of annexation.
12. The Petitioner desires that the subject property be annexed to the United City of Yorkville, Illinois
conditioned upon establishment of contiguity with the City and further conditioned upon the adoption
of a mutually agreeable annexation agreement between the Petitioner and the City.
WHEREFORE, Petitioner requests that the corporate authorities of the United City of Yorkville,
Illinois, by ordinance duly adopted, authorize the Mayor of the City to execute and deliver on behalf of
the City an annexation agreement between the Petitioner as owner and the City, governing the terms and
conditions of the annexation of the subject property to the City, and further requests that,the corporate
authorities of the United City of Yorkville, Illinois, by ordinance duly adopted, authorize the annexation
of the subject property to the City, conditioned upon the establishment of bontiguity between the subject
property and the city limits and subject to the terms and conditions of the annexation agreement between
the Petitioner and the City.
Date: J 2009
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Petitioner
Ala . Haehner
STATE OF MINNESOTA )
) SS
COUNTY OF
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I, Alan R. Haehner, being first duly sworn on oath depose and say that l have read the above and
foregoing Application & Petition by me subscribed and that the matters and things contained therein are
true.
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AhTn R Hae r
LAURA MAE CHESTER
Subscribed and sworn to befo a Nc>tuy PubAaMhwOta
me this I2 day of , 2009 IIAYCdp o�f�h�l�0i3
(APPLY NOTARY SEAL)
Notary Public
Exhibit C
N Preliminary Pi of Annexation
to the
United City of Yorkville
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15 1
660'
v
2640'
N d
Q
N
12�
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3300' 2640'
660' Ament Rd
Legal Descriptio
The South 112 of the Northeast 114 of Section 15
and the East 1/2 of the East 112 of the Northwest
1/4 of Section 15, in Township 36 North, Range 7, The Data is rovlded without warrant an Mion of
East of the Third Principal Meridian, in the Township p y or yroprossn
P P accuracy, t imeliness, or completeness. It Is the responsibility of the
of Kendall, Kendall County, Illinois. "Requester" to determine accuracy, timeliness, completeness, and
appropr/atenass of its use. The United City of Yorkville makes no
(Permanent Property Index #05- 15- 200402) warranties, expressed or implied, to the use of the Data.
- Partial Be.. provided by Kendall County GIs
All distances listed are approximate & based upon Legal Description - Map created by United City of Yorkville Gls
EXHIBIT D
FEE SCHEDULE
Name of Fee Amount Time of Pavment
1 School District Transition Fee $3,000 per unit Paid to School District Office prior to issuance for building permit
At time of building permit, paid at City Hall with separate check made out to
2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD
3 Yorkville Bristol Sanitary District Annexation Fee 3806 per acre Paid for entire development, at time of annexation to sanitary district
Yorkville Bristol Sanitary District Infrastructure
4 Fee 3806 per acre Paid for entire development, at time of annexation to sanitary district
$650 + $.0.20 per
5 Building Permit Fee square foot Building Permit
6 Water Connection Fee $3,700 per unit Building Permit
$390 per unit for
71 Water Meter Cost (not applicable to fee lock) SF Building Permit
8 City Sewer Connection Fee $2,000 per unit Building Permit
9 Water and Sewer Inspection Fee $25 per unit Building Permit
10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit
11a Public Works (Development Impact Fee) $700 per unit Building Permit
11b Police (Development Impact Fee) $300 per unit Building Permit
Municipal Building Impact Fee is set up as $5,509 per unit if paid at time of
see "time of permit, or $3,288 per unit if paid at time of final plat for all units in the
11c Municipal Building (Development Impact Fee) payment" entirety of the annexed development.
11 dj Library (Development Impact Fee) $500 per unit Building Permit
11 a Parks and Rec (Development Impact Fee) $50 per unit Building Permit
11f Engineering (Development Impact Fee) $100 per unit Building Permit
Bristol Kendall Fire District (Development Impact
11g Fee) $1,000 per unit Building Permit
Calculated by
ordinance, Building Permit or Final Plat, depending on annexation /development
121 Parks Land Cash Fee $101,000 per acre agreement and land /cash donations negotiated
Calculated by
ordinance, Building Permit or Final Plat, depending on annexation /development
13 School Land Cash Fee $101,000 per acre agreement and land /cash donations negotiated
14 Road Contribution Fund $2,000 per unit Building Permit
$1,793 per unit,
escalating each
calendar year at a Building Permit t
rate determined by
15 County Road Fee ordinance
16 Weather Warning Siren $75 per acre Final Plat
1.75% of Approved
Engineer's
Estimate of Cost of
Land
171 Administration Review Fee Improvements Final Plat
1.25% of Approved
Engineer's
Estimate of Cost of
Land
18 Engineering Review Fee Improvements Final Plat
0.35% of Approved
Engineer's
Estimate of Cost of
Land
19J Engineering Coordination Fee Improvements Final Plat
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EXHIBIT E
financing, the CITY will use its best efforts to enter into an intergovernmental agreement with
YBSD to facilitate the the above described credit towards IPF Fees.
B. Non - Special Service Area Financing In the event that the sanitary sewer and potable
water facilities are not financed through a special service area, DEVELOPER agrees to prepay
all City Water Connection Fees of $3,700 per single family unit and City Water Connection Fees
of $3,171 per multi - family unit and the City Sewer Connection Fees ($2,000 /dwelling unit) so
that the CITY will have the funds to construct facilities necessary, to supply potable water and
sanitary sewer to the SUBJECT PROPERTY.
Because the above described fees are not adequate to cover costs associated with the
installation of sanitary sewer and potable water facilities as identified in this Agreement .and
required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for
providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the
short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the
mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)), and in
recognition that the above described sanitary improvements meet YBSD's long term planning
needs, it is intended that the IPF Fees will be applied in full to provide $2,667,151 in additional
revenue for these improvements. In the event that improvements are financed by the
DEVELOPER through non special service area financing, the CITY will use its best efforts to
enter into an intergovernmental agreement with YBSD to facilitate the application of IPF Fees
towards these improvements.
6. SANITARY SEPYER IMPROVEMENTS The approximate locations of the
infrastructure improvements for sanitary sewer are illustrated in Exhibit Fla and described as
Option #2 in Exhibit F1b on pages 5 -8 and summarized on page 9. Improvements identified
within these exhibits shall be funded as specified below and in Sections 5A and B of this
Agreement.
These improvements require the DEVELOPER to provide upfront funding in the amount
of $8,906,175 (the total Phase 1 and 3 improvement costs as identified on Page 9 of Exhibit Flb
plus a 15% contingency for soft costs). This contribution exceeds the required City Sanitary
Connection Fees for the SUBJECT PROPERTY (which is $2,854,000 ($2,000 x 1,427 units))
and the total required IPF Fees for the SUBJECT PROPERTY (which is $2,667,152 ($3,660 x
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EXHIBIT E
728.73 acres)) by $3,385,023. In recognition of the regional benefits of these improvements, the
DEVELOPER shall be entitled to fully recover this excess upfront contribution (currently
estimated at $3,385,023) from future developments. Through the annexation agreement process,
the CITY agrees to require future development located within the benefiting service area (as
identified on Exhibit Flc) to prepay all required City Sanitary Connection Fees in full at the
time of approval of the first final subdivision plat on any property covered in said annexation
agreement (a concept plan, preliminary plan or an estimate based,on the City's comprehensive
plan shall be utilized to determine the total units anticipated on any property if the first final plat
only covers a portion of the subject property — i.e. if only 100 acres of a 1,000 acre assemblage is
final platted, the city sanitary connection fees must still be prepaid for the entire 1,000 .acre
assemblage based on a planned density estimate for the balance of the property) or upon use of
said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until
a recovery in an amount equal to the excess funding has been provided. In the event the CITY
collects fees from future development in advance of the DEVELOPER's expenditures for said
improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures
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indentified in Exhibit Flb at the time of construction. Once the DEVELOPER is fully
reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the
remaining expenditures as contemplated by Exhibit Flb, the CITY shall be entitled to retain any
future pre -paid Sanitary Sewer Connection Fees from the service area (Exhibit Flc) in order to
recover their re- allocation of Sanitary Connection Fees towards these improvements.
A. Utility Design -- The DEVELOPER has worked with the CI'T'Y and YBSD to identify
a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable
to all Parties. This solution is represented as Option #2 in Exhibit FibF1b on pages 5 -8 and
summarized on page 9 It is the goal of all parties to see this plan realized However, in the event
that despite the best efforts of all parties this sanitary system plan is unable to proceed due to
circumstances outside the control of the DEVELOPER within twenty four (24) months from the
date of this Agreement (i.e. necessary easements can not be secured to the satisfaction of YBSD
and/or the CITY), the DEVELOPER shall be authorized, but not obligated, to proceed with the
construction of the sanitary improvements as identified in Sections 613-C of this Agreement
(subject to engineering review) at their sole expense as an alternative to planned regional
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EXHIBIT E
improvements. The DEVELOPER would not receive any credits from the CITY and /or YBSD
for a temporary solution that is only able to service the SUBJECT PROPERTY.
B. Lift Stations — In. the event that the YBSD sanitary plan is not implemented (as
discussed above), the CITY shall allow DEVELOPER to engineer, construct, and utilize two
temporary lift stations on the SUBJECT PROPERTY of adequate capacity to service the
SUBJECT PROPERTY. One lift station would be located south of NH 5 near the Aux Sable
Creek to serve the property north of Walker Road. This lift station can be upgraded to service
the second lift station which will be located along Caton Farm Road to serve the development
between Walker and Caton Farm Roads. The CITY shall allow the DEVELOPER to construct
said lift stations subject to engineering review.
Both of the temporary lift station facilities shall be operated by the CITY at j
DEVELOPER'S expense until seventy (70) percent build out of the residential portion of the
SUBJECT PROPERTY. After seventy percent build out the temporary lift stations shall be
considered long term facilities and shall be operated at the CITY's expense. In the event that
either of the lift stations are abandoned prior to seventy percent build out of the residential
portion of the SUBJECT PROPERTY, the DEVELOPER shall remove said lift stations at their
own expense. If any of these facilities are abandoned after seventy percent build out, removal
shall be done by the CITY at the CITY's expense.
C. Sanitaa Sewer — The ultimate concept plan for the Aux Sable /Caton Farm interceptor
sewer prepared by Walter E. Deuchler Associates for the Yorkville- Bristol Sanitary District
(YBSD) calls for a 24" gravity sewer to be extended from its existing location, south
approximately 1,600 linear feet, across the Windett Reserve Subdivision, If the CITY and/or
DEVELOPER are able to obtain an exclusive easement for the installation of the gravity sewer
from Wiseman Hughes, a 24" gravity sewer shall be constructed. However, if the CITY and/or
DEVELOPER is unable to acquire an exclusive easement that can be dedicated to YSBD for the
installation of the 24" gravity sanitary sewer, the YBSD sanitary plan will not be implemented
(as discussed above). In this case, the DEVELOPER will construct a 10" force main in this same
location (1,600 linear feet across the Towns of Windett Reserve Subdivision) to provide sanitary
sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to
construct and operate said force main subject to engineering review, Furthermore, the CITY
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EXHIBIT E
shall allow the DEVELOPER to place the temporary force main in any off -site easements and/or
the ComEd easement in order to service the SUBJECT PROPERTY, subject to engineering
approval. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site
easement as referenced above, the CITY will not object to the DEVELOPER utilizing the
existing Route 47 right-of-way to service the SUBJECT PROPERTY provided MOT concurs. If
required, this 10" force main shall be funded by the DEVELOPER at their sole expense.
If the YBSD sanitary plan is not implemented, the DEVELOPER shall also be allowed to
construct a 10" force main from the ending point of either the 24" gravity sewer or 10" force
main described above to the SUBJECT PROPERTY along Route 47 to service the SUBJECT
PROPERTY. This improvement shall also be funded by the DEVELOPER at their sole expense.
In the event that the force main is abandoned prior to seventy percent build out of the
residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove all contents
within, cap and plug said improvement and abandon said improvement in place in accordance
with all pertinent regulations and sound engineering practice at its own expense. If this
improvement is abandoned after seventy percent build out of the residential portion of the
SUBJECT PROPERTY, abandonment shall be done by the CITY at the CITY's expense.
D. Capacity - The CITY, due to a possible lack of sanitary sewer plant capacity, agrees to
use their best efforts in managing development approvals and building permit approvals in a
manner that would not be detrimental to the sanitary sewer capacity and YBSD waste water
treatment plant capacity that is available to the SUBJECT PROPERTY.
E. Oversizing = In the event the DEVELOPER oversizes the onsite sanitary sewer to
serve additional land area outside of the SUBJECT PROPERTY; the improvement shall be
eligible for recapture. The total cost (including design) of the sanitary sewer improvement which
benefits offsite properties will. be recovered from benefiting properties (per Exhibit Eld)
through recapture based on a pro -rate share using an acreage basis which will be paid at the time
of final plat approval. This recapture agreement would be entered into at the time of final plat
approval.
F. YBSD Easements — The DEVELOPER will grant easements to YBSD to allow for the
construction of the Aux Sable /Caton Farm interceptor sewer along the Aux Sable Creek. The
total width of the permanent easement will be determined at the time of final platting with input
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EXHIBIT E
from YBSD. The DEVELOPER also agrees to provide a temporary construction easement
adjacent to the permanent sanitary easement not to exceed a total of 100 feet in width.
7. WATER IMPROVEMENTS. The ultimate concept plan for water distribution
for southern Yorkville, as prepared by EEI, consists of the following improvements: extension
of a 16" water main from its existing location along Route 47, near Windett Ridge south, to
Caton Farm Road; a 16" water main along Walker Road; a 16" water main along Caton Farm
Road and a 16" water main along Immanuel Road. In order to move forward with the realization
of this plan, the CITY and DEVELOPER agree to the improvements identified below.
Improvements identified in Sections 7A, D, & E shall be funded as specified below and
in Sections 5A and B of this Agreement. In the event that the DEVELOPER is required to
provide upfront funding in excess of $4,841,359 (the total City Water Connection Fee required
for the SUBJECT PROPERTY ($3,700 x 598 SF units + $3,171 x 829 MF /TH units)) to cover
water improvements that are described below, the DEVELOPER shall be entitled to recover
excess fees from future development. Through the annexation agreement process, the CITY
agrees to require future developments located within the benefiting service area (as identified on
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Exhibit F2F2 to prepay all required City Water Connection Fees in full at the time of approval of
the first final subdivision plat on any property covered in said annexation agreement (a concept
plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to
determine the total units anticipated on any property if the first final plat only covers a portion of
the subject property — i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city
water connection fees must still be prepaid for the entire 1,000 acre assemblage based on a
planned density estimate for the balance of the property) or use of said improvements, whichever
occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal
to the excess funding has been provided. . In the event the CITY collects fees from future
development in advance of the DEVELOPER's expenditures for said improvements, the CITY
shall "bank" said fees to be utilized towards planned expenditures at the time of construction.
Once the DEVELOPER is fully reimbursed for excess funding provided and /or the "bank"
contains adequate funds to cover the remaining expenditures as contemplated in this Agreement,
the CITY shall be entitled to retain any future pre -paid Water Connection Fees from the service
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EXHIBIT E
area (Exhibit F2) in order to recover their re- allocation of Water Connection Fees towards these
improvements.
In the event that another developer elects to move forward with all or a portion of the
water system improvements described herein in advance of the DEVELOPER, the
DEVELOPER agrees to prepay all or a portion of its required City Water Connection Fees to the
CITY at the time of approval of the first final subdivision plat within the SUBJECT PROPERTY
or upon use of said improvements by any portion of the SUBJECT PROPERTY, whichever
occurs first, in an amount equal to the costs of said improvements'but in no event more than the
total required City Water Connection Fees for the SUBJECT PROPERTY.
The CI'T'Y shall authorize their engineering consultant to proceed with the design of the
well and water treatment plant within thirty days of a request by the DEVELOPER and upon
DEVELOPER's initiation of funding for design engineering. The CITY shall provide the
DEVELOPER with a schedule for said design engineering date within thirty days of the first
payment from DEVELOPER.
A. General Overview - The CITY shall allow DEVELOPER to construct and utilize one
1,000 GPM deep well, a water treatment plant and an off -site water main extension (along Route
47) to service the SUBJECT PROPERTY for all development occurring north of Walker Road.
The CITY shall allow the DEVELOPER to construct said improvements subject to normal
engineering review and subject to the "Design- Deliver - Build" and `Bidding and Construction"
provisions contained in Sections 711 & I of this Agreement, All improvements identified above
will be funded as specified in Sections 5A and B of this Agreement.
B. Route 47 Water Main - A 16" water main will be extended from its current location
near Towns of Windett Reserve south to the SUBJECT PROPERTY along Route 47 and then
west to the City Public Works site. This improvement will provide water service to the region
and benefit adjacent properties (on both sides of Route 47). Therefore, the total cost of this
improvement is eligible for recovery based on the service area and will be funded by City Water
Connection Fees pre -paid by future development located within the benefiting service area (as
identified on Exhibit F2) at the time of approval of the first final subdivision plat on any
property covered in said agreement or upon use of said improvements, whichever occurs first.
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EXHIBIT E
The CITY shall allow the DEVELOPER to place the off- -site portions of this water main
extension in any off -site easements and /or the ComEd easement in order to service the
SUBJECT PROPERTY. If, despite using their best efforts, the DEVELOPER is unable to obtain
an off -site easement as referenced above, the CITY not object to the DEVELOPER utilizing the
existing Route 47 right-of-way subject to IDOT's concurrance. The CITY agrees to allow
DEVELOPER to connect to the CITY water main located along Route 47 adjacent to the
Windett Ridge Subdivision and utilize this single source (with -an internal pressure reducing
valve) to serve 100 dwelling units on the SUBJECT PROPERTY with potable water until the
south -side water improvements have been constructed and are operational. The issuance of the
101 building permit will be withheld until. the deep well and water treatment plant is placed. on-
line. The CITY will issue 100 occupancy permits with the single source watermain and internal
pressure reducing valve.
This improvement shall be constructed within twelve (12) months of the recordation of
the first residential final plat of subdivision on the SUBJECT PROPERTY.
C. Water Mains — The DEVELOPER understands the CITY's master watermain plan
shows 16" watermains to be installed adjacent to Caton Farm Road, Walker Road, Immanuel
Road and Route 47. If the DEVELOPER installs watermains adjacent to these roadways, the
DEVELOPER will receive recapture from adjacent properties. If the CITY allows the
DEVELOPER to route any of these watermains internally, as opposed to at the perimeter, the
DEVELOPER shall receive recapture for any oversizing with each benefiting property owner
responsible for their prorata share of total costs. Any recaptures owed the DEVELOPER shall be
paid by future development at the time of approval of their first final plat of subdivision.
D. Water Storage Facilitv — The CITY's master water system plan shows a five (5)
million gallon stand pipe on the SUBJECT PROPERTY. The DEVELOPER shall be
responsible for contributing the cost of a 1,000,000 gallon water storage tank to the CITY. At
the DEVELOPER's discretion, this contribution can be a cash contribution of $2,000,000
(adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost
Index and would be credited towards required City Water Connection Fees), a "draw down"
against the SSA when bonds are issued for said improvement, or DEVELOPER acceptance of a
construction contract. With these funds, the CITY shall have the option of proceeding with the
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EXHIBIT E
construction of a five (5) million gallon stand pipe, a water storage. facility or the NW Water
Main Loop extension, or some other solution that the CITY deems appropriate which, at a
minimum, adequately services the SUBJECT PROPERTY. If the CITY elects to build an
oversized water storage tank (in excess of one million allons or the NW Water Main Loo
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extension, the DEVELOPER's contribution is capped at $2,000,000 (adjusted annually
beginning in 2008 based on the Engineer News Record Construction Cost Index) and would be
credited towards required City Water Connection Fees.
Upon issuance of the 200 residential building permit, the DEVELOPER shall, at the
direction of the CITY, fiend the cost of engineering design work for either a water storage facility
or the CITY's Northwest Watermain loop. The CITY shall complete said engineering design
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work and move forward through the bidding process so that the CITY is in a position to award a
construction contract for said work within 30 days of the issuance of the 300 residential
building permit on the SUBJECT PROPERTY or twelve (12) months. of receipt of funds for the
final engineering design work by the CI'T'Y, whichever occurs later.
In the event the CITY elects to move forward with construction of a 1,000,000 gallon
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water storage tank or the Northwest Watermain loop, the DEVELOPER will either provide a
contribution of $2,000,000 (as described above) or contract directly with the CITY's accepted
bidder within 30 days of the issuance of the 300 residential permit or within twelve (12) months
of receipt of funds for the final engineering design work by the CITY, whichever occurs later. In
the event the CITY elects to construct a water storage facility larger than 1,000,000 gallons, the
DEVELOPER will provide a contribution of $2,000,000 (as described above) and the CITY will
contract with the accepted bidder for the construction of the water storage facility within 30 days
of the issuance of the 300 residential permit or with twelve (12) months of receipt of funds for
the final engineering design work by the CITY, whichever occurs later. Construction of the
selected improvement shall be completed within eighteen (18) months of the time a contract is
awarded to the accepted bidder and prior to the issuance of an occupancy permit for any non-
residential land use. This improvement shall, at a minimum, provide adequate fire flow for all of
the SUBJECT PROPERTY. The 500 building permit for a residential unit, or an occupancy
permit for any non - residential land uses shall be withheld until either the water storage facility or
the NW Water Main Loop extension are completed or 18 months has passed from the time a
15
EXHIBIT E
contract is awarded to the accepted bidder, whichever occurs sooner. All improvements
identified above will be funded as specified in Sections 5A and B of this Agreement.
E. Capacity - In no event will building or residential occupancy permits be withheld on
the SUBJECT PROPERTY based on fire flow capacity issues.
F. Shallow Well Sites - On or after the date hereof, the City and its representatives may,
from time to time, enter upon the SUBJECT PROPERTY for the purposes of inspecting and
drilling the same in order to locate one or more well sites. The Owners and Developers agree to
fund the completion of the Shallow Well Siting Program (in an amount not to exceed $330,000)
for up to two (2) shallow well sites on or within the vicinity of the SUBJECT PROPERTY and to
cooperate with the City in the conduct of its investigations. The DEVELOPER shall be required
to provide funding for said program upon application for the first final subdivision plat on the
SUBJECT PROPERTY or sooner at the discretion of the DEVELOPER. The CITY shall be
required to provide a timetable for completion of this program within thirty days of receipt of
any payment.
DEVELOPER agrees to provide right of entry to the CITY upon the express condition
that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT
PROPERTY related to program. The City shall indemnify, save and hold the DEVELOPER
harmless from and against any claim of loss or damage made by any third Party arising from the
entry onto the SUBJECT PROPERTY by the CITY, its employees, representatives, or agents.
The CITY shall be liable for actual damage to crops calculated on a per acre basis based upon the
current prevailing market rates for the crop in question. The CITY shall notify the DEVELOPER
of its proposed location of up to two (2) half acre well sites on the SUBJECT PROPERTY
( "Well Site(s)") within fifteen (15) months of the date the DEVELOPER provides the
aforementioned funding for the completion of the Shallow Well Siting Program. The CITY shall
not withhold approval or recordation of said plat based on their inability to locate said well sites.
Said location shall be subject to the reasonable approval of DEVELOPER. The DEVELOPER
shall donate said Well Site(s) to the CITY; provided, however that the location of the Well
Site(s) shall not impede the orderly development of residential neighborhood, reduce the density
of the such Owner's or Developer's parcel and shall not require changes to such Owner's or
Developer's Preliminary Engineering Plans or otherwise substantially impact such Owner's or
16
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EXHIBIT E
Developer's engineering. In order to minimize the impact to this master planned community, the
CITY shall use best efforts to locate well sites on public portions of the SUBJECT PROPERTY
or in existing open space corridors. Additionally, the CITY will work to minimize the distance
of the shallow well to the deep well. The CITY shall use its best efforts to complete the
construction of an individual shallow well site within 24 months of the recordation of a final plat
of subdivision for that portion of the SUBJECT PROPERTY in which a well site is located,
unless otherwise agreed by both Parties.
G. Fire Hydrants - Any fire hydrants that are not in service within 30 days of installation
shall be marked or bagged by the DEVELOPER.
H. Design- Deliver -Build Requirements — DEVELOPER agrees to fund/finance- all
testing, design, construction and construction management for one (1) deep sandstone water well
with a nominal capacity of 1,000 gpm (W), a 2,000 gpm water treatment plant with the
appropriate room for a high service pumping station, as well as the appropriate expansion
considerations built in (WTP), and a 16" water main (WM) extension from the Windett Ridge
Subdivision to the Well, Water Treatment Plant and future Water Storage Tank site (collectively
referred to as W/WTP/WM). The CITY agrees to provide the construction documents for each
of these improvements.
The DEVELOPER agrees to provide the appropriate construction documents for all other
water system improvements required to serve the SUBJECT PROPERTY. This may include, but
is not limited to, finished water main to connect to the large diameter water main at the
W/WTP/WM and then the distribution throughout the SUBJECT PROPERTY, a temporary
Pressure Reducing Valve Station that can be utilized while the Water Treatment Plant is being
constructed and any other water distribution system components required to effectively provide
water at the appropriate flow and pressure throughout the SUBJECT PROPERTY.
The CITY shall have the final decision on any additions or subtractions to the
W/WTP /WM construction contracts provided said contracts are consistent with improvements
defined within this Agreement,
DEVELOPER shall provide all coordination and upfront funding for the construction of
all utilities (i.e. water, sanitary sewer, stormwater, street access, electric, gas (if required), and
17
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EXHIBIT E
phone to the W/WTP/WM. Said costs are to be covered as provided in the first paragraph of
Section 7.
DEVELOPER shall maintain ownership of all of the W/WTP/WM facilities until the
CITY accepts said improvements. DEVELOPER has agreed to permit the CITY and its agents
and /or assigns access to all facilities.
A surety will be provided by the DEVELOPER for the W/WTP /WM improvements
unless improvements are paid for utilizing an SSA in which case no surety will be required. Said
surety, if required, may be in the form of a Letter of Credit (specific to the W/WTP/WM
improvements) or Performance and /or Payment Bond, at the discretion of the DEVELOPER.
I. Bidding and Construction Process — CITY and DEVELOPER will collaborate to
develop a list of pre - approved contractors for each W/WTP/WM construction contracts.
The CITY will transfer the W/WTP/WM construction documents to the DEVELOPER
upon completion and issuance of all required permits. DEVELOPER will conduct bidding for
each contract. All bids will be submitted to the CITY and CITY's engineering consultant for
review along with the DEVELOPER's recommendation for bid award. The CITY and CITY's
engineer consultant will provide continent on the bidding and advise regarding whether they
agree with the recommendation for award. Upon approval of the CITY, the DEVELOPER will
enter into the construction agreement with the contractor(s). The DEVELOPER will provide an
executed copy of all contract documents to the CITY and CITY's engineering consultant upon
execution.
The CITY's engineering consultant will provide the contract administration (i.e. contract
administration, pay request review and recommendation, shop drawing review, facilitation for
the pre - construction conference, and change order review and preparation), surveying and
drafting (i.e. construction staking, drafting for potential modifications to the contract documents,
and record drawings), and construction observation (i.e. periodic construction observation and
field reports and periodic construction progress meetings) for the W/WTP/WM construction
contracts.
All contracts for the W/WTP/WM will include specific performance provisions for all
parties involved in processing and paying contractor invoices. Said provisions will require that
the contractors for each of the W/WTP/WM contracts submit payment requests to the CITY's
18
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EXHIBIT E
engineering consultant no more than once per month. The CITY's engineering consultant will
review the pay request and facilitate the issuance of a letter recommending payment to the
DEVELOPER within 10 business days of receipt. Copies of the recommendation letter will be
provided to the contractor and to the CITY, and any other parties as specified by the contracts.
Any changes required to contract documents that require the issuance of a change order
will require written approval from the DEVELOPER, construction contractor, CITY and CITY's
engineering consultant. Signature lines will be provided for all parties on change orders. The j
approval process and required signatures shall be coordinated in the following order: 1)
contractor, 2) CITY's engineering consultant, 3) DEVELOPER and 4) CITY.
8. ROADWAY IMPROVEMENTS. The approximate locations of the
infrastructure improvements for roadways are illustrated in Exhibit F3 .
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At the time of preliminary platting, the DEVELOPER agrees to submit an updated traffic
study to provide data regarding internal trip generation volumes in order to verify design
improvements required for internal roadways and turn lanes into the SUBJECT PROPERTY.
Unless warranted by the updated traffic study, the DEVELOPER shall not be required to provide
any improvements in excess of those specified by ExmBff and described below:
A. Proposed Wheeler Road - DEVELOPER agrees to dedicate 80' of right -of -way in
accordance with collector roadway standards. DEVELOPER agrees to construct this roadway in
accordance with collector roadway standards as identified. in Exhibit F3 .. This improvement
will be constructed in two phases. The first phase, which includes construction of Wheeler Road
from just east of the required bridge crossing over the N/S Creek Corridor to IL Route 47, will be
constructed within twelve months of the final platting of Neighborhoods 2, 3 & 4, whichever
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occurs first. The second phase, which includes the bridge crossing over the N/S Creek Corridor
to the SUBJECT PROPERTY's western boundary at Immanuel Road, shall be constructed
within twelve months of the final platting of Neighborhood 1 or the commencement of
construction of the planned Fire Station, whichever occurs first.
Subject to necessary warrants being met, DEVELOPER agrees to install a traffic signal at
the Wheeler Road/IL Route 47 intersection prior to occupancy of either the school or commercial
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EXHIBIT F
Planned Unit Development Concept Plan, a copy of which is attached hereto
and incorporated herein as Exhibit "D ".
9) Installation of City water main, streets and all other public improvements
shall be in conformance with City Ordinances, unless specifically varied by
approval of the City Council or varied by the terns of this Agreement,- The
City may require oversizing of water, sanitary sewer, or storm sewer mains
provided a written agreement is approved by the City fixing a method of
recapture for OWNERS/AEvELOpEk or contribution by the City..
10) For purposes of installing and servicing the subject property with a Sanitary
Sewer System, Developer shall be permitted to hookap Units of said
Subdivision not exceeding a combination 177 single-family and/or
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townhouse units to the southwest interceptor ofthe City of Yorkville located
within the existing right-of-way of State Route 47 and immediately west
thereof. Recaphire is due for said Sanitary Sewer System on the basis of
$2,350.00 per acre for any commercial development that hooks on to said
system, and at the rate of $235.00 per p.e. for each residential Lunt hooked
onto said system, plus 6% interest per annum, as per City of Yorkville
Resolution 95 -12. Payment for said recapture is due at the time of
application for building permit for any respective structure to be served by
the southwest interceptor. Developer of COACH ROAD HILLS, agrees to
provide a lift station and piping at its sole expense in order to connect to that
southwest interceptor for the first unit of said to be Subdivision as approved
9
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03/D8/02 FRI 10:43 FAX 553 5764 KRWR LAW
EXHIBIT F
in the Final Engineering Plans submitted by Developer prior to approval of
the Final Plat of the first unit ox phase of said subdivision.
Developer acknowledges and agrees that connection to the gravity btereeptor
running to the treatment plant, parallel with the abandoned railroad line,
shall be made no later than completion of the 177th building permit ir► said
Subdivision or in the next unit or phase platted after the availability of the
new gravity sanitary sewer interceptor to the sewage treatment plant,
Whichever is first to occur. No additional building permits will be issued
until said gravity interceptor to the treatment plant is operational. It is j
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anticipated by the City and Developer that all future Sanitary Sewer services
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shall be provided by a Sanitary Sewer Interceptor to be constructed cast of
Route 47, to the treatment plant, as defined by the City for purposes of
providing a new Sanitary Sewer Interceptor for the service area in which the
subject real property of COACH ROAD HiLIS is located,
Developer= acknowledges and voluntarily agrees with the City t1 at a-
,Recapture Agreement will be required from all Developers east of Route 47
who will osffi. jha'% w interceptor to be constructed -for Sanitary Sewer
purposes. Said recapture shall be cbarged on a non - discriminatory basis to
OWNERS/DEVELOPER of COACH ROAD IMLS, as well as any other
Developer or Owner who seeks Sanitary Sewer Service within the seniee
- area to be served by the new interceptor for Sanitary Sewer Services east of
Route 47. R ecaplvre shall be calculated on a per p.e. basis for the new line
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03 /os /o2 FRI 10:44 FAZ 553 5764 M41M'R W W012
EXHIBIT F
and shall be charged by agreement with Developer and the City for all Units
in the first Phase of COACH ROAD HILLS and all subsequentphases forthe
new interceptor line, even though Developer is on a temporarybasis hooking-
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' on to the existing Southwest interceptor fox the first phase of said
development. Said recapture for the south sanitary seNver interceptor and
River Crossing Ordinance Fee shall be paid for all platted lots within a Phase
or Unit of Coach Road Hills, upon issuance of each individual dwelling unit
permit of each respective Phase or Unit of Coach Road Hills Subdivision.
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In consideration of Developer paying for rccapture on each sanitary sewer j
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line, the City of Yorkville sanitary sewer hook-up fees as to COACH ROAD
BILLS DEVELOPMENT shall be in conformance with current city
ordinance in existence at the date of approval of this agreement by the
Yorkville City Council, for each residential dwelling unit throughout the life
of the development of the subject property.
C. That the Developer shall contribute to the Yorkville School District cash
contributions in lieu of land contributions in conformance with the City of Yorkville
Land/Cash Ordinance as in existence at the date of approval of this ,Agreement, the
Developer shnil provide written verification from the School District concerning all
cash donations. Park portion of OWNERSIDEVELOPER'S contributions will be
satisfied by Park Dedication and Park improvements.
D. That the development of the property shall be subject to Preliminary Plat approved
May 23, 1996 Engineering approval by City Staff, or outside Review Engineering
11
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EXHIBIT G
ON -SITE WATER MAIN IMPROVEMENTS
(OVERSIZING)
OVERSIZING RECAPTURE
Property (PIN) Area (Acres; %
05- 09- 400 -002 88 11.51
05- 16- 200 -006 15.73 2,06
05 -16 -200 -007 25.53 3.34
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05 -16 -200 -008 5.07 0.66
05 -16- 200 -003 30 3.93
05 -16 -200 -004 80 10.47
05 -10- 300 -001 100 13.08
05 -15- 100 -001 40 5,23
05 -15- 100 -002 80 10.47
05 -15- 200002 120 15.70
05 -10 -400- 001 174.03 22.77
05 -10- 400 -002 4.97 0.65
05 -10- 400 -003 1 0.13
TOTAL 764.33 100
*SEE ATTACHMENT "D" - (MAP OF BENEFITED TERRITORY
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EXHIBIT G
Recapture Exhibit
On -Site Watermaln Oversizing
Wlndett Ridge - Yorkville, IL
Per the PUD Agreement we're eligible for recapture on the difference between the required 6 and ;
installed size 16 ",
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Ove Ized Watermaln
S
Contractor Description Quantity Unit Unit Price Total Price i
16" DIP CL 62 w /Poly & Fittings on
Neptune Wlndett Rd. and Side Streets 5,315 LF $37.40 $198,781.00
Neptune 16" Butterfly Valve w160" Vault 11 EA $2,988.00 $32,866.00
Total: $231,649.00
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Watermaln Minimum Regulrements
Contractor Description QUantl Unit Unit Price Total Price
Cost of 8" DIP CL 52 wt Poly &
Neptune Fittln s 5 315 LF $21.20 $112,678.00
Neptune 8 Gate Valve w/ 60" Vault 11 EA $909.00 $9,999.00
Total: $122,677.00
Oversized Watermain - Watermaln Minimum Requirements = $108,972,00
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EXHIBIT G
ON-SITE SANITARY SEWER IMPROVEMENTS
(OVERSIZ
OVERS IZI NG RECAPTURE.
Property (PIN) Area (Acres; %
05 -09- 400 -002 88 11.51
05- 16- 200 -006 15.73 2.06
05 -16- 200 -007 25.53 3.34
05- 16- 200 -008 5.07 0.66
05 -16- 200-003 30 3.93
05 -16- 200 -004 80 10.47
05 -10- 300-001 100 13.08
05 -15- 100 -001 40 5.23
05- 15- 100 -002 80 10.47
05- 15- 200 - 002 120 15.70
05 -10- 400 -001 174.03 22.77
0510 -400 -002 4.97 0.65
05- 10- 400 -003 1 0.13
TOTAL 764.33 100
*SEE ATTACHMENT "D" - (MAP OF BENEFITED TERRITORY)
118396/3
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EXHIBIT G
Recapture Exhibit
On Site Sanitary Overstzing
Wlndett Ridge - Yorkville, IL
Per the PUD Agreement Wiseman Hughes Is eligible for recapture on the difference between the required and installed
size ,
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Oversized Sanitary Sewer Comed Easement
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Contractor Description Quantity Unit Unit Price Total Price
Neptune 24' PVC DR 18 2002 LF 198.70 $197.597.40
Neptune 30' PVC SDR 26-3034 1196 LF $77.50 $92,690.00
Neptune 30" PVC DR 25 900 LF - $91.40 $82,260.00
Neptune San, Manhole, 5' Via, 12 EA $3,482.00 $41,784.00
Neptune I Drop MH 5' Dia. 3 EA $7,745.00 $23,235.00
Neptune 13W Connection to Existing MH 1 Fro $1,731.00 $1731.00 ;
Neptune JTBF Mains, CA -7 806 LF $25.90 $20,875.40 ;
Total $460,172.80
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Sanitary Sewer ComEd Easement Minimum Requirement
Contractor Descrl l:W Quantity Unit Unit Price Total Price
Neptune S' PVC SDR 21 -2241 2002 LF $30.10 $61.461.40.
Nep tune 8' PVC SDR 21 - 2241 1196 LF $30.70 $36,717.20
Neptune 8' PVC SDR 21 - 2241 900 LF $30.70 $27,630.00
Neptune San. Manhole 4' Dla. 12 EA $1,895.00 $22,740-00
Neptune jDro MH 4' Dia. 3 EA $3,769.00 $11,307.00
Neptune 30' Connection to Existing MH 1 EA $1 $1,731.00
Neptune JTBF Mains, CA -7 806 LF $25.90 _ L _ $20 , 875.40
Total $182,462.00
Oversized Sanitary Sewer Comed Easement -Sanitary Sower Minimum Requirements = $2T7,710.80
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