· partnership, state bank of geneva, as trustee under trust agreement dated december 22, 1997 and...
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ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
ANNEXATION AND PLANNED DEVELOPMENT AGREEMENT BETWEEN
THE VILLAGE OF ELBURN, KANE COUNTY, ILLINOIS, AND
COVINGTON COURT APARTMENTS, AN ILLINOIS LIMITED PARTNERSHIP, STATE BANK OF GENEVA, AS TRUSTEE UNDER
TRUST AGREEMENT DATED DECEMBER 22, 1997 AND KNOWN AS TRUST NO. 825, STATE BANK OF GENEVA, AS TRUSTEE UNDER
TRUST AGREEMENT DATED AUGUST 4, 1998 AND KNOWN AS TRUST NO. 847
AND ELBURN STATION LAND COMPANY LLC A DELAWARE LIMITED
LIABILITY COMPANY
Prepared by & Return to: ROBERT J BRITZ Ottosen Britz Kelly Cooper & Gilbert, Ltd. 303 N Main Street Elburn IL 60119 630-365-6441
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TABLE OF CONTENTS SECTION PAGE 1. Annexation ........................................................................................................................... 21 2. Zoning and Subdivision Code .............................................................................................. 2 3. Village Expenses .................................................................................................................. 43 4. Legal Description ................................................................................................................ 44 5. Acreage ................................................................................................................................. 44 6. Zoning Districts ................................................................................................................... 54 7. Residential and Commercial Uses ..................................................................................... 54 8. Residential and Commercial Composition, Height, Setback Yards and Size ............... 65 9. Landscaping......................................................................................................................... 75 10. Streets ............................................................................................................................... 76 11. Water Supply ................................................................................................................... 97 12. Storm Water ................................................................................................................ 1411 13. Wastewater Treatment ............................................................................................... 1711 14. Village Access Permits and Offsite Easements ......................................................... 2114 15. Recapture (Water and Sanitary Sewer) .................................................................... 2215 16. School, Park and Other Impact Fees ........................................................................ 2316 17. Signs ............................................................................................................................. 2819 18. Road Access Permits ................................................................................................... 2819 19. Residential Minimums ................................................................................................ 2820 20. Changes to Final Plan .................................................. Error! Bookmark not defined.21 21. Preliminary/Final Plan ............................................................................................... 3021 22. Construction ................................................................................................................ 3122 23. Building Permits.......................................................................................................... 3122 24. Model Homes ............................................................................................................... 3224 25. Title Insurance ............................................................................................................ 3325 26. Transfer of Ownerhip .................................................. Error! Bookmark not defined.26 27. Street and Site Cleanup .............................................................................................. 3426 28. Disconnection............................................................................................................... 3427 29. Reserved ........................................................................ Error! Bookmark not defined.27 30. Trees ............................................................................................................................. 3527 31. Special Service Area ................................................................................................... 3527 32. Remedies ....................................................................... Error! Bookmark not defined.29 33. Public sidewalks .......................................................................................................... 3531 34. Fiber Optic Cable ......................................................... Error! Bookmark not defined.31 35. Burying of Utility Lines .............................................................................................. 3531 36. Refined Preliminary Plan/Plat Required .................................................................. 3632 37. Miscellaneous Requirements...................................................................................... 3733 38. Reserved ....................................................................................................................... 4035 39. Recording ..................................................................................................................... 4035 40. Term and Binding Effect ............................................................................................ 4235
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41. Notices .......................................................................................................................... 4235 42. Modification................................................................................................................. 4236 43. Severability .................................................................................................................. 4336 44. Compliance .................................................................................................................. 4336 45. Superior to all Mortgages, Liens, and Encumbrances ............... Error! Bookmark not defined.37
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LIST OF EXHIBITS
EXHIBIT “A” Legal description of incorporated land (Parcel “A”) EXHIBIT “B” Legal description of unincorporated land EXHIBIT “C” Impact Fee Chart EXHIBIT “D” Master Plan and Design Guidelines EXHIBIT “E” EXHIBIT “F” EXHIBIT “G” EXHIBIT “H” EXHIBIT “I” EXHIBIT “J” EXHIBIT “K”
ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
ANNEXATION AND PLANNED DEVELOPMENT AGREEMENT BETWEEN
THE VILLAGE OF ELBURN, KANE COUNTY, ILLINOIS, AND
COVINGTON COURT APARTMENTS, AN ILLINOIS LIMITED PARTNERSHIP, STATE BANK OF GENEVA, AS TRUSTEE UNDER
TRUST AGREEMENT DATED DECEMBER 22, 1997 AND KNOWN AS TRUST NO. 825, STATE BANK OF GENEVA, AS TRUSTEE UNDER
TRUST AGREEMENT DATED AUGUST 4, 1998 AND KNOWN AS TRUST NO. 847
AND
ELBURN STATION LAND COMPANY LLC A DELAWARE LIMITED LIABILITY COMPANY
THIS AGREEMENT, made and entered into this _______day of
_______________, 20_, by and between the VILLAGE OF ELBURN, an Illinois municipal
corporation, hereinafter referred to as “VILLAGE,” and Covington Court Apartments, an
Illinois Limited Partnership, State Bank of Geneva, as Trustee Under Trust Agreement Dated
December 22, 1997 and Known as Trust No. 825, State Bank of Geneva, as Trustee Under
Trust Agreement Dated August 4, 1998 and Known as Trust No. 847, and Elburn Station
Land Company LLC A Delaware Limited Liability Company, an Illinois corporation,
hereinafter called “OWNER” or “DEVELOPER,” as to the property hereinafter described in
the Boundary Survey attached hereto and marked as EXHIBIT “A” and EXHIBIT,
hereinafter collectively referred to as the “SUBJECT PROPERTY”; and,
WHEREAS, the Boundary Survey, Exhibit “A” depicts and describes property that is
partly located within and partly outside the Village’s corporate boundaries; and,
WHEREAS, a public hearing regarding this Annexation and Planned Development
Agreement was held, pursuant to notice, before the President and Board of Trustees of the
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Village of Elburn on , 20__, to hear and consider reasons for and
against this Annexation and Planned Development Agreement; and
WHEREAS, not less than two-thirds of the corporate authorities have voted to
approve this agreement.
NOW, THEREFORE, in consideration of the foregoing premises and in further
consideration of the mutual covenants, agreements and conditions herein stated, the parties
hereto agree as follows:
1. Annexation
Subject to the provisions of 65 ILCS 5/7-1-8, l994, as amended, the parties
respectively agree to do all things necessary and appropriate to cause that portion of
the Subject Property located outside the corporate boundaries, and ,as shown and
depicted as the Plat of Annexation, Exhibit “”, to be duly and validly annexed to the
Village as promptly as practicable, after the execution of this Agreement and the
adoption of such other Village Ordinances and resolutions as may be necessary to
implement the provisions of this Agreement, including preliminary Plan approval.
2. Zoning and Subdivision Code
After notice and the conduct of the required public hearings, in the manner
provided by law, the Village shall, annex and zone the Subject SUBJECT
PROPERTY in accordance with the terms of this Agreement, the Master Plan and
Design Guidelines (MPDG) attached hereto as EXHIBIT “___,” and the Preliminary
Elburn Station Plat – Zone A & B attached hereto as EXHIBIT “___,”as a Transit-
Oriented Planned Development (TOD). The SUBJECT PROPERTY shall be
developed in accordance with the Village’s Zoning Ordinance and Subdivision
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Control Ordinance, and in accordance with all other applicable Village and County
ordinances, and State and Federal laws, rules and regulations except as such
ordinances shall be expressly modified by the terms of this Agreement, and in the
event of any conflict between the ordinances and regulations of the Village and the
terms of this Agreements, the terms of this Agreement shall be deemed to be
controlling. OWNER shall comply with all Village ordinances except as may be
limited or otherwise varied in this Agreement provided the total number of residential
units, including said multi-family units, does not exceed 2,275. The name of the
development shall be ELBURN STATION.
The Master Plan and Design Guidelines (MPDG) submitted by
Owner/Developer and attached hereto as EXHIBIT “___” address, among other
items, the following minimum standards:
A. Residential units;
B. Use table, including number of units and acreage;
C. Commercial uses identified by acreage, with permitted and special uses as
defined in the MPDG;
D. Residential and commercial composition, height, and setback;
E. Building elevations for single family homes and design guidelines for multi-
family, mixed use and commercial development;
F. Lighting standards;
G. Architectural guidelines;
H. Parking requirements for each zone,
I. Potential bus stop locations;
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J. Street classification, including cross sections, trip calculations, bike lanes, and
express bike lanes.
K. Open space and park guidelines
L. Stormwater Management Guidelines
M. Landscape Guidelines
N. Signage System Guidelines
O. Street System Guidelines
P. Preliminary Engineering Plan
Q. Variances to Village Ordinances and Codes
3. Village Expenses
OWNER shall accept full financial responsibility for payment of all the
Village’s reasonable out of pocket expenses in accordance with the Village’s
Subdivision Control Ordinance, Zoning Ordinance, and other ordinances and
amendments thereto, including but not limited to reasonable engineering, planning,
and attorney’s fees.
4. Legal Description
A legal description of the SUBJECT PROPERTY is attached hereto and made a
part hereof and depicting Parcel “A” and Parcel “B”, with separate legal descriptions
are attached hereto and marked Exhibit “”.
5. Acreage
The total acreage of the SUBJECT PROPERTY is set forth on the Boundary
Survey, a copy of which is attached hereto and made a part hereof as EXHIBIT
“___.”
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6. Zoning Districts
The VILLAGE shall provide zoning as a Transit-Oriented Planned
Development, hereinafter referred to as “TOD”, and as set forth in EXHIBIT “___.”
Except as otherwise specified herein, development of all areas shall be processed in
accordance with the Village Subdivision Control Ordinance procedures.
76. Residential, Industrial and Commercial Uses
A. Commercial, residential, industrial, and related uses, shall be permitted as
shown on the Elburn Station Concept Plan attached hereto as EXHIBIT “___,”
the MPDG attached hereto as EXHIBIT “___,” and the Preliminary Plan
attached hereto as EXHIBIT “___.” There shall be a maximum number of
residential dwelling units, including multi-family units of 2,275 on the
SUBJECT PROPERTY. Unless otherwise limited by prior annexation
agreements, no more than 218 residential building permits shall be issued in any
one calendar year. Said amount shall be cumulative from year to year on a pro
rata basis commencing with the last of the parties’ execution of this Agreement.
No more than 545 residential building permits can be carried over from year to
year. If market conditions warrant OWNER may request an increase in the
permitted number of building permits, which increase may be approved by a
majority vote of the Board of Trustees at its sole discretion, provided said
increase does not violate the provisions of any earlier annexation agreements on
other properties. The foregoing building permit and density limitations and
restrictions shall not be applicable to multi-family, commercial or industrial
building permits. No other subsequent development within the Village shall be
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allowed more building permits per calendar year than an amount equal to 9.6%
of the total residential units approved in that development. If a development is
granted an increase in the percentage of building permits the OWNER
percentage of building permits shall increase to that percentage. Owner shall
have the right to seek injunctive relief, but not money damages in the event of a
breach by the Village of the foregoing building permit and density limitations
and restrictions.
B. Development of the multi-family area for multi-family units or age targeted
housing, shall require prior approval of the architectural, site plan, engineering,
landscaping and photometrics from Village staff, which shall be in accordance
with the MPDG specifications. If the above significantly differ from the MPDG
specifications than it must get approval from the Village Board following a
review by the Planning Commission, which approval shall not be unreasonably
withheld.
C. The construction of all buildings on the SUBJECT PROPERTY must comply
with all architectural related guidelines contained in the MPDG.
D. Development of the SUBJECT PROPERTY may be in any phase as shown on
the phasing plan in the MPDG.
8. Residential and Commercial Composition, Height, Setback Yards and Size
The height, setback yards and minimum lot size and other requirements in all areas
shall conform to those provisions of the Elburn Station Preliminary Plan, Zone A&B
and the MPDG.
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9. Landscaping
The MPDG contains landscape guidelines for the development. Said landscape
guidelines shall include a tree list acceptable to the Village, median plantings, parking
lot plantings, buffer, screening, and open space plans, information that is to be
followed when preparing the final landscape plans for review and approval by the
Village Boardplans. Said plans shall include types and placement of streetscape
amenities, including but not limited to benches, picnic tables, bike racks, and trash
containers to be provided by Owner/Developer. Separate plans shall be submitted for
Anderson Road, as prepared by KDOT. All of the foregoing shall be acceptable to
the Village. Landscape plans shall be submitted at time of Final Plat and shall be
approved by Village staff and must conform to the MPDG guidelines.
10. Streets
Preliminary Engineering Plan dated January 12February 27, 2012, and prepared by
Sheaffer and Roland, are hereby approved as part of this Agreement, for the entire
parcel covered by the Preliminary Plan, which provides for street improvements
including, but not limited to:
A. All streets submitted in Final Plat and Final Engineering of any Unit or Phase
shall conform to the street cross-sections and pavement cross-sections set forth
in the approved Preliminary Engineering Plan.
B. All streets shall have the names as shown in the Preliminary Engineering Plans
and in the MPDG.
C. Parking shall be permitted on streets as shown on the Preliminary Engineering
Plan.
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D. When applicable,A access to perimeter State and Kane County roadways shall
be approved by IDOT and Kane County Division of Transportation respectively.
E. Bike Trails shall be provided in accordance with the MDPG and as shown on the
Preliminary Engineering Plans.
F. Developer may begin mass grading and all utility and site development when
Anderson Road project (between Keslinger Road and IL Route 38) has been
awarded by Illinois Department of Transportation to Kane County Division of
Transportation, however, no building permit’s may be issued any earlier than 90
days prior to Anderson Road is scheduled to be substantially complete. If the
Anderson Road project is not awarded, this Annexation and Planned
Development Agreement together with Preliminary Plan approval, Zoning, and
Subdivision Plan Approval shall be null and void all land disconnected and all
approvals deemed null and voild unless parties agree otherwise.
Owner shall provide all streets, alleys and access drives as shown on preliminary engineering
dated February 27, 2012 except for the following streets that will provided by the Village of
Elburn and/or the Kane County Division of Transportation through an Intergovernmental
Agreement between the Village and KDOT:
1. Anderson Road
2. Anderson Road intersections with all intersecting streets (IL Route 38,
Prairie Valley, Hicks, Station Blvd, Westhaven, and Keslinger Road) to the tangent points of
the intersecting street.
3. Prairie Valley Drive from Anderson Road to the west connecting in with
the existing Prairie Valley Drive.
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4. Hicks Drive from Anderson Road to the west connecting in with the
existing Hicks Drive
5. Metra access road
Owner shall provide all recreational paths shown on sheet PP7 except for the following that
are to be provided by the Village of Elburn and/or the Kane County Division of
Transportation through an Intergovernmental Agreement between the Village and KDOT.
1. All paths and sidewalks within the Anderson Road Right of Way
2. Anderson Road underpass (tunnel) within the Right of Way
3. All paths on currently dedicated streets or open spaces to interconnect to
the proposed paths
4. Path on Prairie Valley Drive from Anderson Road to the west connecting
in with the existing Prairie Valley path or sidewalk system.
5. Path on Hicks Drive from Anderson Road to the west connecting in with
the existing Hicks Drive path or sidewalk system
6. Path on the proposed Well sites
The Village of Elburn and/or the Kane County Division of Transportation through an
Intergovernmental Agreement between the Village and KDOT will provide:
1. Storm Water System for and related to Anderson Road improvements
2. Traffic signals at the intersections of Anderson Road/IL Route38 and
Anderson Road/Keslinger Road.All of the aforesaid improvements are to be constructed by
Owner/Developer at Owner/Developer’s sole expense, unless otherwise provided herein.
11. Water Supply
Preliminary Engineering dated November 11, 2011February 27, 2012, and Water
Comment [EEW1]: Still being discussed with KDOT via IGA
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Supply Distribution System and Sanitary Sewer Collection System Preliminary
Engineering Report dated September 20, 2011 are hereby approved as part of this
agreement for the entire parcel covered by the Preliminary Plan, which provides for
water improvements including, but not limited to:
A. General:
1. Water connection fees as set forth in the Village’s Water Ordinance, as
from time to time amended, may be used at the Village’s sole discretion
for any part of the Village water system. Fees associated with the water
improvements related to Elburn Station may be used at Village’s sole
discretion for any Village-Wide or local water system improvements.
2. Water connection fees as set forth in the Village’s ordinances may be
adjusted from time to time and shall be applicable to the SUBJECT
PROPERTY. Fees associated with the water improvements related to the
Elburn Station shall be based on the formula established in EXHIBIT “”.
The fee shall be an existing water fee plus the proposed incremental
pricing in EXHIBIT ””.
3. Pressure Adjusting Station and water facilities located at the well and
treatment plant site shall be designed to be SCADA ready for SCADA
monitoring of the facilities. All SCADA equipment shall be compatible
with the SCADA system selected by the Village.
B. Specific Facilities to be constructed by OWNER without benefit of cost
recapture:
Comment [EEW2]: RSA providing information through study
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1. Construct one prefabricated pressure regulating station located at Hicks Street
and Logan Street consisting of:
a. Isolation valves to shut station down.
b. One exterior 12” station by-pass water main with shut-off valve.
c. One 8” combination pressure reducing and pressure sustaining valve with
the ability to automatically pass water back to the higher pressure zone
during emergency situations.
d. Booster pumping equipment consisting of two pumps each with a
minimum capacity of 900 gpm to convey water from the lower pressure
zone to the higher pressure zone in case of an emergency.
C. Specific Facilities to be constructed by OWNER and subject to recapture for
oversizing as set forth in EXHIBIT ””.
1. Connect to Village’s existing water distribution system at the locations shown
on EXHIBIT “” and construct the 12” oversized watermain shown in
EXHIBIT “” to provide adequate fire flow protection to the Elburn Station
development and to future developments.
2. Two parcels shown in EXHIBIT “” with each site adequate size to encompass
the well, treatment, auxiliary electric power, pumping, and storage facilities as
envisioned in EXHIBIT ””. The first site is 0.72 acre located in Zone B of the
Elburn Station along Hicks Drive and a second site is 0.95 acre located in
Zone A of the Elburn Station on an extension of Still Meadows Lane the value
of these sites shall be credited towards fees to be paid by the OWNER. The
current value is $80,000 per acre and would have a value of $57,201 in Zone B
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and $74,380 in Zone A. The value will escalate by 2.35% with compound
interest at the same rate as the cost of the improvement, commencing with the
approval of this Agreement. The OWNER shall convey the ownership of the
Hicks Drive site to the Village of Elburn and provide access to the site at least
one year before total water service population reaches 11,997 PE which is
estimated to be Year 2016. The OWNER shall convey the ownership of the
Still Meadows site at the time of Plan approval of the first unit in Zone A.
D. Specific Facilities to be constructed by VILLAGE with reimbursement via fees
paid in Paragraph 11.A.2., as well as fees paid by others ,above:
1. At the north site located on Hick’s Drive:
a. One new deep well, well pump, and control building housing Radium
removal treatment facilities, chemical feed equipment, electric controls,
auxiliary power (either by emergency generator or dual power feed),
related site work, wastewater lift station and force main, and property
space for building additions to house future high service booster pumps
and property space for a ground level water storage tank all as shown on
EXHIBIT ””.
b. Well shall be a “deep well” of approximately 1300 feet in depth and will
consist of a 20” diameter casing and a pitless adapter of appropriate size.
c. Following the drilling and casing of the well pump and prior to design and
installation of well pumps, conduct a three day aquifer pump test of the
well to determine yield and potential interference; obtain water samples
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and analyze samples for all contaminants listed in the Primary and
Secondary Drinking Water Standards.
d. Initial Well Pump shall be capable of pumping a minimum of 700 gpm to
serve the Center of Elburn Station maximum average daily water demands.
(Unless restricted by unexpectedly low specific capacity of the well, the
well casing shall be capable of installing a 1100 gpm well pump for future
Village demands).
e. Control Building shall be of the general layout as set forth in EXHIBIT K
and will provide housing for a water meter an Radium Treatment Facilities,
and chemical feed equipment to inject hypo-chlorite and fluoride, all
suitable for conveying and treating 1100 gpm; electrical controls and
monitoring equipment; auxiliary power source (either by an
engine/generator set or second power source from ComEd); wastewater lift
station and force main; and other site work.
f. The site shall have space for future facilities, as shown on EXHIBIT K,
which are needed to serve future developments, other than Elburn Station,
and include an addition to building to house high service booster pumps
and a one million gallon ground water storage tank to be built on the site in
the future.
f.g. Owner shall provide the potable water piping system as shown on
Preliminary Engineering dated February 27, 2012 except for potable water
wells, storage, treatment, site related and interconnections these items and
the Owner provided water piping system. The Owner will pay an impact
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fee as shown in exhibit ___in lieu to the Village of Elburn for providing
the potable water wells, storage, treatment facilities, related site
improvements and the interconnections with the Owner provided water
system. The Village of Elburn shall provide all potable water wells,
storage or treatment facilities to adequately serve the development. The
Village provided well will be a minimum of 700 gallons per minute and
include any treatment facilities as stated in paragraph 10D. Owner shall be
entitled to recapture for the oversized water main as shown in exhibit F.
All of the aforesaid improvements are to be constructed by Owner/Developer at
Owner/Developer’s sole expense unless otherwise noted.
12. Storm Water Management
Preliminary Engineering Plan dated November 11, 2011February 27, 2012 Aand
Preliminary Storm Water Management Plan dated October 22, 2008 and most recently
revised on September 20, 2011 are hereby approved as part of this agreement for the entire
parcel covered by the Preliminary Plan. Anderson Road crossing and Elburn Station
CLOMR application dated December 4, 2009 as approved by FEMA Case No. 10-05-
2506Rare hereby approved as part of this agreement for the entire parcel covered by the
Preliminary Plan subject to the following conditions:
A. Storm Water Facilities Construction: Owner shall be responsible for construction
of the storm water management facilities as depicted on the Preliminary Engineer
Plans in substantial conformity with the Preliminary Engineering Plans and
subject to review and approval of Final Engineering Plans, which approval shall
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not be unreasonably withheld, conditioned or delayed. Developer shall convey
title to all storm water management facilities depicted on the Preliminary
Engineering Plans to the Village, or to such other entity as the Village shall direct,
as “Public Improvements” following their completion by OWNER and the
inspection and approval of such improvements by the Village Engineer.
Following acceptance by the Village, OWNER shall have a one year maintenance
obligation.
B. The detention provided for the SUBJECT PROPERTY shall meet all applicable
Village and Kane County Stormwater Ordinances.
C. Prior to Anderson Road Construction:
1. OWNER shall be responsible to coordinate and verify the Kane County
Department of Transportation (KDOT) plans for ponds ME-1, ME-2,
floodplain re-grading and culvert crossings are consistent with the intent of
the Conditional Letter of Map Revision (CLOMR)_ modeled cross sections for
“Zone B” as approved by the Federal Emergency Management Agency
(FEMA) and sufficient information is provided on KDOT’s plans to construct
the improvements in conformance to the CLOMR. OWNER must meet all
FEMA requirements.
At a minimum, station and elevation information of the proposed Hydrologic
Engineering Centers River Analysis System (HEC-RAS) computer model shall be
annotated on the proposed KDOT plans.
D. Prior to Submittal of Final Engineering of any Unit or Phase of the Subdivision:
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1. Zone A (South of the UPRR): Proposed development of “SE-1” is dependent
on construction of the outfall and could potentially be impacted significantly.
If the outfall is unable to be constructed per Preliminary Engineering dated,
January 12, 2012, additional land shall be required to provide the required
detention volume affecting the plan development.
2. Zone B (North of UPRR): OWNER shall provide As-built drawings (either
obtained by KDOT or OWNER) certified by the design engineer showing the
proposed “Zone B” improvements were constructed per plan and the required
amount of compensatory storage and detention volume has been provided or
the remaining work shall be done as part of the improvements contained in the
final engineering. Changes to the berm overflow elevations, weir length,
culvert sizes or inverts may affect the final Letter of Map Revision (LOMR)
and/or the amount of detention provided. “Developed” area for “Zone B” may
need to be adjusted if sufficient detention volume is not provided per the
preliminary engineering plan in accordance with the CLOMR. A Letter of
Map Revision (LOMR) shall be obtained prior to any building construction
near existing or proposed regulatory floodplain.
3. Additional General Considerations:
a. Detention and retention volumes calculated in the Preliminary Engineering
Plan and Preliminary Stormwater Management Plan are based on
anticipated land uses. Final Engineering Plans shall reflect detention and
retention volumes that are based on detailed curve number and time of
17 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
concentration calculations are based on anticipated land uses that meet
Kane County stormwater requirements.
b. Finished floor elevations, storm sewer locations, storm sewer sizing and
overflow routing shall be designed, reviewed and approved with final
engineering.
c. Letters of Map Revision (LOMR) shall be obtained for all lots within the
regulatory floodplain prior to building construction on those lots.
d. Restrictions shall be required for the rear and side yards along the overflow
route on the east property line of “Zone B”. Fences, landscaping or other
obstructions should not be permitted in the proposed overflow route.
Overland flow paths shall be designed per Section T201(d) of the Kane
County Technical Guidance Manual.
e. Final engineering plans shall meet the requirements of FEMA Technical
Bulletin 10-01.
All of said improvements are to be constructed by Owner/Developer’s sole expense.
13. Wastewater Facilities
A. Sanitary Sewers
1. A plan of the sanitary sewer collection system for the SUBJECT PROPERTY
is included in the Preliminary Engineering Plan Documents dated January
12February 27, 2012. Calculations of the sizing of the sanitary sewer
collection system have been provided to confirm the pipe sizes and invert
elevations of the sanitary sewer collection system shown. Each subsequent
Comment [EEW3]: Shodeen not provided on attachment, Shodeen please provide stormwater improvement detail information
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unit or phase submitted for approval shall conform to the Preliminary
Engineering Plan Documents and calculations or submit reasons for non-
conformance and impact on subsequent units in the development.
2. Prior to any submission of drawings of any infrastructure improvements for
the first unit in Zone A of the SUBJECT PROPERTY, OWNER, with Village
assistance, shall provide field survey data on coordinate location and invert
elevations of the both ends of the sanitary sewer casing pipes installed under
the UPRR and the METRA access roadway to verify the sanitary sewer
interceptor constructed in Zone A of the development shall meet the invert
elevations of the existing casing pipes. Elevations are to be based on the same
datum as utilized by the Developer in the surveys of the SUBJECT
PROPERTY.
3. Sanitary Sewers Subject to Recapture. Thirty days prior to drafting Final
Engineering for phases 3, 5, 7, 8 and 9, as shown in the MPDG, the sewer size
construction shall be re-evaluated by the Village Board and Staff at the Village
expense. The Village shall decide whether the Village desires oversizing, at
its expense, otherwise the developer shall proceed with the improvements
required for Elburn Station Development only.. If the Village deisres
oversizing, Village shall pay for all engineering, labor, material, and
inspections, related to the oversizing within sixty (60) days of Owner
invoicing Village for said work.
A. Wastewater Lift Stations and Force Main.
1. Pouley Road Lift Station, Constructed by OWNER and cost shared by Village:
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a. The control cabinet shall be designed to be SCADA ready for SCADA
monitoring of the facilities. All SCADA equipment shall be compatible
with the SCADA system selected by the Village.
b. The proposed lift station shall consist of two submersible pumps within a
wet well meeting IEPA standards and sized for Elburn Station only, and
shall be provided with flow metering, SCADA-ready monitoring, auxiliary
power (either by stationary engine/generator set or a second power feed
from ComEd which must extend from a separate substation and power line
than the primary power source), site access and security, and aesthetic
considerations to be approved by the Village. Force main shall be ductile
iron or other material acceptable to the Village and include shut-off valves
and air relief/vacuum valves.
2. Blackberry Creek Lift Station No. 2 Phased Modifications to be improved by
the Village:
a. Phase 1 – Utilization of existing station without modifications until near
capacity is reached (estimated at 2023 with projected build-out schedules)
at which time Phase 2 Modifications are to be completed.
b. Phase 2 Modification (Estimated in 2023) Addition of third pump for
additional PE up to the maximum practical limitations of three pumps
through the existing 12” Forcemain. Cost sharing of improvements shall
be proportioned in accordance with the formula shown in EXHIBIT’s “”
and ””.
20 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
c. Phase 3 Modification (Estimated in 2034 based on projected build-out
schedules) – Construct new 16” Force Main from the existing Lift Station
to the existing wastewater treatment plant. Cost of improvements shall be
apportioned in accordance with the formula shown in EXHIBITs E and C.
B. Wastewater Treatment Plant.
1. OWNER agrees to pay a Wastewater Treatment Capacity Fee (WTCF) per
EXHIBIT “H” in addition to the Water and Sewer Connection Fees in effect at
the time of applying for Building Permit, with a 3% CPI per year increase.
The WTCF is intended to compensate the Village for capacity to be utilized by
the Subject Property. Said WTCF fee shall be used by the Village for
Wastewater Treatment Plant Expansion and Upgrades only.
a. The WTCF shall be paid to the Village at the time of applying for a
building permit for each dwelling unit in the Subject Property.
b. The Village of Elburn agrees to use best efforts to provide wastewater
service to the Subject Property, subject to any restriction and limitation
imposed on the Village by IEPA. The Village of Elburn shall use best
efforts to return any developer paid fees to the developer if there is any
restriction or limitation, if Village is unable to provide wastewater services
to any P[lantted lots.,.
Owner shall provide the sanitary sewer piping system as shown on Preliminary
Engineering dated February 27, 2012 except for the following that will be provided
by the Village of Elburn:
Comment [EEW4]: RSA doing study
21 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
1. All upgrades and improvements to the Blackberry Creek Lift Station to handle
all the flows from the Elburn Station Development
2. Sanitary sewer service to the two proposed well sites
b. All improvements for the existing Waste Water Treatment Plant to
accommodate all sanitary flows for Elburn Station.
All of the aforesaid improvements shall be constructed by Owner/Developer at
Owner/Developer’s sole expense, unless otherwise noted.
14. Village Access Permits and Offsite Easements
The Village shall grant the OWNER, without charge, the necessary public
right-of-way permits as may be required across VILLAGE-owned or controlled
property for the construction, installation or repair of customer water, wastewater,
storm and utility lines and services as are required for the development of the
SUBJECT PROPERTY. OWNER will encourage installation of fiber optic cables.
OWNER, at its expense, shall agree to repair and replace in accordance with the
original sizes, standards or topography, any VILLAGE property damaged or disturbed
by reason of its work in connection with the foregoing in a manner satisfactory to the
VILLAGE.
OWNER shall obtain at their sole expense any required easements across
private property. Village agrees to exercise its eminent domain power to obtain said
easements, if necessary and if permitted by State law within a reasonable period of
time after requested by OWNER. OWNER shall reimburse VILLAGE all of
VILLAGE’S costs and expenses pertaining thereto, including its reasonable attorney
Formatted: Indent: Left: 0.5", No bullets ornumbering
22 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
fees, costs of acquisition and award price.
15. Recapture (Water, Sanitary Sewer, Road Improvements, & Traffic Signals)
In accordance with the VILLAGE’S Subdivision Control Ordinance, the
OWNER shall be allowed to recapture costs as specified in this Agreement for
engineering, legal fees, construction, materials and interest; not to exceed the prime
lending rate plus 2%, however, in no event shall the recapture interest rate be less
than4%. The prime rate used shall be the rate published on the 1st Monday in January
in the Wall Street Journal. Recapture shall be permitted for over-sizing or extensions
to benefit off-site properties for any constructed water mains, sanitary sewer mains,
road improvements, traffic signals and appurtenances to each of them which are not
required to serve the SUBJECT PROPERTY. In determining any over-sizing, the
minimum design standards shall be as required by the VILLAGE’S Ordinances. The
corporate authorities of the Village and the OWNER shall determine the real estate
that may benefit by the installation of said water mains and appurtenances, sewer
mains and appurtenances. The total expense incurred for OWNER’S share of the cost
of the installation of the water, sewer mains and other oversized improvements to,
shall be based upon the calculation provided by OWNER and approved by the Village
Engineer. The Village shall assess against and collect from the person or persons
owning and developing any of the property benefited the apportioned share as
determined by the Village Engineer and the OWNER at such time as the benefitted
property owner seeks final Plat approval, or if subdivision approval is not sought, at
time of zoning approval. All such Village calculations shall be final and non-
reviewable by benefited property owner. All benefited property reimbursement
23 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
collected by the Village pursuant to this Agreement shall be paid to the OWNER, or
its successors or assigns (as they may from time to time designate) within sixty (60)
days after collection. It is understood and agreed that the Village’s obligation to
reimburse the OWNER shall be limited only to funds collected from the properties
being benefited. Interest payments made hereunder shall be made solely out of said
funds. This Agreement shall not be construed as creating any obligation upon the
VILLAGE for any reason to make payments from its general corporate funds or from
any other funds except those specified hereinabove. OWNER shall be entitled to
recapture the construction cost, as calculated by the OWNER and approved by the
Village Engineer for the properties benefited. Developer shall record at its expense
the approved recapture agreements against the benefitted properties. Village shall be
paid a fee of $100.00 as an administrative fee for each recapture fee plus out of
pocket expenses. Owner shall be obligated to make the initial calculation of each
such recapture fee to be collected.
A recapture agreement is attached hereto and marked EXHIBIT .
16. School, Park and Other Impact Fees
The OWNER shall make land/cash school and parks dedication/contribution to
the Village pursuant to the land/cash contribution requirements of the Village of
Elburn’s Subdivision Control Ordinance and in accordance with the fee chart attached
as EXHIBIT “ “.
This contribution may be reduced if the Kaneland Community Unit School
District 302 elects to accept a land contribution to expand the John Stewart
Elementary School Site, paid at the time of building permit. Said property shall be
24 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
free of any liens or encumbrances. If the Village of Elburn reduces land/cash fees
then the reduced fees shall apply to the OWNER at that time.
In addition to the foregoing OWNER shall pay to Kaneland Community Unit
School District 302 the capital improvement development impact fee contribution
mandated by the VILLAGE’s School Impact Fee Ordinance to be paid in accordance
to the mandate at the time of building permit. If the Village of Elburn reduces impact
fees then the lessor shall apply to the OWNER.
In addition, the OWNER shall convey to the Village of Elburn the fully
improved park sites designated on the Preliminary Plan (as defined in the Elburn
Subdivision Control Ordinance). Said park sites shall not be used for a well, water
tower, water treatment or other infrastructure improvements. The MPDG open space
and park plan shows detention areas that are not calculated in the overall park
requirements, but areas may be used as recreational space. The OWNER was
required to dedicate +- 40 acres of park and recreation space. The OWNER has
identified and has agreed to donate in excess of this amount. Owner OWNER is not
required to make a cash park contribution to the Village, in addition to the park
improvement requirements of the Village of Elburn Subdivision Control Ordinance.
Improvements to make to said park sites shall include the followingThe OWNER
and/or Village may elect to make the following improvements to the park sites:
equipment, fencing, play structures, sidewalks, parking lots, benches, backstops,
structures, impervious areas, grading, seeding, and landscaping. The OWNER may
elect to make the improvements, and/or, the Village may elect to match the OWNER
50/50 for the improvements, and/or, the OWNER and Village may receive a grant and
25 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
would participate 50/50 on the local match of the grant received, and/or the Special
Service Area may elect to provide funding for the improvements. If the Village of
Elburn reduces land/cash for parks fees then the lesser requirement shall apply to
Owner prospectively.
In addition to the park dedications the OWNER shall provide for the open
space sites depicted on the preliminary plan. The open space areas of the plan shall
be suitably improved at Owner’s expense, with trails and other substantial landscape
features acceptable to the Village and consistent with the MPDG. The plan for
conveyance of open space for purposes of ownership shall be made to the Village and
maintenance responsibility shall be acceptable to the Village via a special service area
for open space and, stormwater maintenance. Prior to sale of any lots OWNER
agrees to the formation of a Special Service Area, similar to the Ordinance attached as
Exhibit “”, comprising the SUBJECT PROPERTY for the purpose of maintaining and
operating any or all of the following public improvements: storm water management
facilities, (including but not limited to storm water detention and retention basin
areas, pond aerators, inlet and outlet structures, connection storm sewers, connecting
surface drainage channels, subsurface drainage systems) dedicated public access
ways; parks and open space and facilities located therein including but not limited to
bike paths;, signage and entry way monuments, street sweeping, sidewalks and trails,
street lights and entry lighting, fencing, flag poles, street identification signs, traffic
controls, maintenance of vegetation in the right-of-ways, street furniture, pest
control, special service area office and the hiring of employees and/or contractors to
administer and maintain same, shown on the SUBJECT PROPERTY’S preliminary
26 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
Plan and EXHIBITs attached hereto. OWNER and its successors shall not object to
the ordinance creating said Special Service Area, including the maximum tax rate of
___ cents per $100.00 of assessed valuation, and the terms set forth in said ordinance.
OWNER shall actively support and cooperate with the VILLAGE regarding the
establishment of said Special Service Area. OWNER shall pay all costs and expenses
associated with the establishment of said Special Service Area, including, but not
limited to: notice/publication costs, preparation of plats and legal descriptions,
engineering fees, legal fees and planning consultant fees. OWNER shall deposit with
the VILLAGE, in escrow for establishing the SSA, a cash sum equal to the estimated
afore described costs and expenses. Said SSA shall be establishedAn adoption of an
ordinance porposing the establishment of the said SSA shall be approved
concurrently with the approval of the annexation Annexation agreement Agreement
and annexationPlanned Development Agreement. The Special Service Area
improvements shall be dedicated to the VILLAGE by phasing at the time final Plans
are approved and recorded. OWNER shall be responsible for maintaining the property
and improvements subject to the Special Service Area at their sole expense until
acceptance of said improvements by the VILLAGE, at which time the SSA shall be
responsible for maintenance.
The calculations for total storm water detention requirements for the
SUBJECT PROPERTY must include the park sites. OWNER shall, except as
provided elsewhere in this Agreement, comply with the valid regulations set forth in
the attached Preliminary Engineering EXHIBIT; however, OWNER shall not be
required to make any further land dedications with respect to the SUBJECT
27 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
PROPERTY.
OWNER agrees to abide by cash payments for the subject property as required
and as set forth for purposes of library, police, fire/ambulance protection, and public
works as set forth on EXHIBIT “___,” (less land contributions and land
improvements), attached hereto and made a part hereof. Said payments shall be paid
at time of building permit application, and as a condition of issuing said building
permit, in accordance with the impact fee chart attached as EXHIBIT “”. VILLAGE
agrees that it will not impose any lesser fee for any other property re-zoned or
annexed development during the term of this Agreement. If the Village of Elburn
reduces impact fees then the reduced fee shall apply to the OWNER prospectively.
Owner acknowledges that the ultimate disposition of said fees shall be at the Village’s
sole discretion and the OWNER and DEVELOPER shall have no standing to
challenge said discretion.
OWNER has agreed to pay to the VILLAGE per Exhibit “” for transportation
and other VILLAGE impacts. Said amount shall be paid at the time of building
permit in accordance with the impact fee chart attached as EXHIBIT “”. OWNER
shall pay the VILLAGE the sum of $_______ per dwelling unit at the time of
building permit OWNER shall additionally pay the Village for its costs of acquiring
and installing outdoor warning sirens to be paid at time of platting for such phase
within which the siren is to be installed. The cost shall not exceed $21,050.00 for all
sirens and land and paid up frontat time of installation with an annual escalator of 5%
per year.
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17. Signs
OWNER shall be permitted to erect and display signs as outlined in the
MPDG. Other than the foregoing OWNER shall abide by the VILLAGE Sign
Ordinance, including obtaining any permits and variances that may be required.
OWNER shall construct one wooden “Village of Elburn” sign of the same size, style
and type as the two existing Village of Elburn signs on Route 47. The sign shall be
located on Route 38 as directed by the Village of Elburn.
18. Road Access Permits
OWNER has submitted the Preliminary Plan to IDOT and KDOT who have
reviewed and commented on the Plan. See approval letters attached as EXHIBIT “”.
OWNER shall pay its proportionate share of all costs related to any permits and
construction improvements, including stop lights and turn lanes at intersections and
entrances to the subject property from Keslinger Road and Route 38 that may be
required by KDOT and/or IDOT. OWNER shall be entitled to recapture for
roadways.
19. Residential Minimums
A. OWNER shall establish certain minimum requirements which shall be
comparable to other residential developments in the Village’s Facility
Planning Area in a Declaration of Covenants, a draft copy of the Declaration
of Covenants attached hereto as EXHIBIT “___”. Said Covenants shall be
recorded at the time of recording of each Final Plat for residential property.
The Declaration of Covenants, Conditions and Restrictions shall provide for
enforcement by property owners within the SUBJECT PROPERTY and for
29 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
the recovery of attorney fees, if successful. Said covenants shall also
expressly provide that the Village is not a party thereto and therefore has no
obligation to enforce the same. Said covenants shall be reviewed by the by the
Village Board prior to the approval of the first Final Plat of residential
development. The Covenants, Conditions and Restrictions shall be recorded at
the Kane County Recorder’s Office by the OWNER at Owner’s expense, prior
to issuance of the first building permit for a residential unit. Said covenants
shall be in effect for 20 years and shall not be changed or amended without
Village review.
B. The following standards shall apply to residential development in the
SUBJECT PROPERTY, and shall be incorporated into covenants prepared and
recorded as part of each final plat of subdivision for single family detached
housing: seeding of lawns; prohibition of construction of identical models with
identical elevations adjacent to or directly across the street from one another;
dwellings of the same color siding to be separated by one (l) or more dwellings
with different color siding; the prohibition of construction of buildings in, on
or otherwise obstructing pedestrian easements shown on the Preliminary Plan.
Seeding of lawns is acceptable unless sodding is required to satisfy
VILLAGE’S Soil Erosion Control Ordinance.
C. Parking requirements for residential uses shall be as defined in the MPDG,
except for multi-family buildings. For multi-family buildings, the initial
minimum on-site parking shall be 1.25 spaces per dwelling unit as outlined in
the MPDG. In addition, the OWNER shall land bank, within 500 feet of
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multi-family buildings, sufficient space to accommodate an average of a total
of 1.75 spaces per dwelling unit as outlined in the MPDG. After construction
and occupancy of a minimum of 100 multi-family units, and prior to
construction of the 101st multi-family unit, a parking study, prepared at
Owner’s expense, shall be submitted to the Village. The Village Board shall
review such information, and shall make a determination as to the adequacy of
parking for multi-family units. If the Village Board finds that existing parking
is adequate for the first building, the land-banked space shall be released for
future development and additional units may be constructed with 1.25 spaces
per unit. If the Village Board determines that additional parking is needed, the
OWNER shall provide 1.75 spaces per unit, or another lesser quantity found
acceptable to the parties. This process of providing a parking study prior to
construction of additional units shall be repeated prior to the earlier of the
construction of the 201st unit, or construction of the fifth multi-family building.
At completion of the parking study for the 4th building of the same design, the
Village Board shall make a final parking requirement for all future multi-
family structures.
20. Preliminary/Final Plat
The Village Board hereby approves the Preliminary Plan attached hereto as
EXHIBIT “___” and the Preliminary Engineering, dated November 11, 2011February
27, 2012 prepared by Sheaffer and Roland. Approval of the preliminary Plan and
Preliminary Engineering does not preclude the VILLAGE from requiring reasonable
31 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
and justifiable changes and modifications to the MPDG, Preliminary Engineering or
Preliminary Plan, prior to approving the initial final plat provided such changes or
modifications are minor or major changes requested by OWNER as defined in the
Village of Elburn’s Zoning Code Article XI, Section 11.8 B. (1). The final plat will
be based upon a detailed, one-foot contour interval topographic survey, and include a
tree survey, and a detailed grading plan, and road profiles. The Village agrees to
approve the final plat and final engineering provided they conform to the revised
preliminary Preliminary Plan and other revised submittals except as herein modified.
21. Construction
OWNER may, upon approval of Final Plats, engineering, storm water and
landscaping related thereto, proceed with construction and improvement of the
SUBJECT PROPERTY as shown on EXHIBIT “___,” provided all applicable IDOT,
KDOT, Illinois Environmental Protection Agency, and U.S. Army Corps of Engineers
permits have been obtained and all applicable VILLAGE fees have been paid and
applicable ordinances have been complied with, including deposit or required
security.
22. Building Permits
Upon 90 days prior to the scheduledon substantial completion of Anderson
Road and the public improvements for a phase, including installation of: water,
sanitary sewer, storm sewer, curb and gutter, the base course of the roadway and site
grading, single family building permits may be issued to allow construction. Model
homes may be started at the time gravel roads are constructed to the lot and approved
for the use of emergency vehicles, but not occupied. A letter shall be issued by the
32 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
Village Engineer stating that the improvements for that phase are substantially
completed before building permits may be issued for sold units. No temporary
occupancy permit shall be used until water and sanitary sewer operating permits are
issued by IEPA for watermain and sanitary sewer extensions serving the affected lot.
No permanent occupancy permit shall be issued until water and sanitary sewer
operating permits have been issued by IEPA for the watermain and sanitary sewer
extensions for the affected lots; and storm sewer, electric, curb and gutter, street
lighting and sidewalks necessary for the property to be occupied have been completed
and the first lift of bituminous material for the streets have been installed and
approved by the VILLAGE. Temporary occupancy permits may be issued if winter
conditions exist.
23. Model Homes
Notwithstanding the conditions stated in Paragraph 22 “Building Permits”
commencement of construction of model homes shall be permitted within a phase
following recording of the final plat of said phase, under the following conditions:
A. Model homes shall only be used for sales models and/or sales office for a
period of 36 months from the date a temporary occupancy permit is issued and
at no time shall the units be used for living purposes until issued a permanent
occupancy permit by the Village of Elburn. Said time period may be extended
at the sole discretion of the Board of Trustees.
B. A temporary occupancy permit is required to be issued before use as a model
home or sales office is commenced.
C. VILLAGE shall have continuing right to inspect the model home to verify that
33 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
the premises is used solely as a model home and sales office.
D. Model Parks, as noted on the Centre at Elburn Station Concept Plan – Zone
A&B are permitted. A variety of single family product will be allowed in the
model park consistent with the MPDG.
E. Fences surrounding two or more model homes that corral and channel
customers shall be permitted.
24. Title Insurance
OWNER shall, at their expense, provide a commitment for title insurance
issued by a title insurance company licensed to do business in Illinois prior to
recording of the final Plat of Subdivision with respect to any phase wherein
dedication of easements, rights-of-way, roads, public improvements and any other
dedications or conveyance to the VILLAGE establishing that OWNER is in title, and
that said easements, rights-of-way, roads, public improvements and dedications are
free from all liens and encumbrances. Prior to the VILLAGE’S acceptance of any
public improvements, OWNER shall deliver, at its expense, to the VILLAGE, an
Owner’s Title Insurance Policy showing the VILLAGE in title to said improvements
and further showing that said improvements are free of any liens or encumbrances.
The amount of said Owner’s Title Insurance Policy shall equal the fair market value
of the dedicated property as improved regarding all such easements, rights-of-way,
roads, public improvements and dedications. Security deposits made by the OWNER
with the VILLAGE to guarantee completion of public improvements shall not be
released by the VILLAGE until said title insurance have been deposited with the
VILLAGE, and Owner’s warranty and maintenance obligations have expired.
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25. Street and Site Cleanup
Developer acknowledges that, depending on weather conditions, Developer’s
construction traffic entering and leaving the Property may create debris, especially
dirt and mud clots on streets and roadways adjacent to the construction site.
Accordingly, Developer agrees that it shall inspect and, to the extent of any debris
caused by Developer’s construction traffic, Developer shall cause the streets and
roadways in the Property to be cleaned as needed while construction is occurring on
the Property. Developer further agrees to mow weeds, pick up trash and debris, repair
and replace soil erosion control fencing and repair any erosion and sediment damage
on previously developed or occupied lots or adjoining parcels so as to comply with
the applicable ordinances of the Village. In addition, Owner/Developer shall cause
each street constructed that serve occupied portions of the Property, but not accepted
by the Village, to use best efforts to commence plowing within two (2) hours
following an accumulation of two (2) inches of snow thereon and complete within a
reasonable time period.
26. Disconnection
Developer shall develop the Subject Property as a subdivision to be commonly
known as Elburn Station in accordance with the Final Plans approved by the Village
and in accordance with the terms and conditions hereof and, provided the Village is
not in breach of this Agreement, shall not petition to disconnect any portion or all of
said Property from the Village. Subject to the provisions of paragraph 10 of this
agreement.
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27. Trees
No trees are to be cut down in the area west of Oak Drive and South of
Edgewood, south east of the mixed use area without the prior consent of the Village,
unless such trees are diseased or dead.
.
28. Public sidewalks
Public sidewalks in residential areas shall be five (5) feet in width, on both
sides of the street and shall be constructed at OWNER’S expense at the time of the
actual home construction. VILLAGE ordinance requires public improvements to be
completed within two (2) years of approval of final plat. If there is a gap in a
developed unit, a temporary asphalt sidewalk shall be placed for the connection. At
time of actual home construction the sidewalk must be constructed, unless winter
conditions prevent the work. An amount equal to one hundred twenty percent (120%)
of the engineer’s estimated cost of the sidewalk construction shall be included in a
separate Letter of Credit or completion bond and not included in the overall estimated
cost of construction of any given unit at the time of final platting. The OWNER shall
renew the Letter of Credit or completion bond in an amount of ten percent (10%) of
the total cost of sidewalk construction for one (1) year following completion of
sidewalk construction in any given unit. In commercial areas, public sidewalks shall
be constructed at the time of actual building construction and on the property of the
building(s) being constructed.
29. Burying of Utility Lines
All existing and proposed utility lines within the development shall be
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underground (except those along Keslinger Road and Illinois Route 38). OWNER
shall make reasonable effort for the trenching of electric, telephone, gas, cable
television and fiber optic lines.
30. Engineering and Improvements
A. The OWNER has identified, in EXHIBIT __, variances to the Village
Ordinances. All Final Plats and Engineering shall conform to Village
Ordinances unless a written variance request has been specifically identified
by the DEVELOPER and approved by the Board of Trustees in the MPDG or
preliminary engineering.
B. All final public improvements shall be constructed by Owner/Developer at
Owner/Developer’s expense, unless otherwise provided herein, and conform to
the applicable Village Ordinance’s, rules, and regulations, unless otherwise
provided herein.
31. Offsite Easements and Improvements
Subject to the provisions of this Agreement and except as may be otherwise expressly
provided, if the Village does not currently have an easement(s), Owner shall obtain, at
Owner’s own expense, all offsite easements necessary for the development of the
Property prior to the time the Final Plat is approved, for a particular phase, in
accordance with the Preliminary Plans and Plans. In the event an offsite easement is
required, and in the event Owner is unable to acquire such necessary offsite easement,
at the request of the owner, the Village may exercise its power of eminent domain to
acquire same, provided Owner shall pay the reasonable costs incurred by the Village
as a result thereof including, but not limited to, any surveying and legal expenses,
37 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
including expert witnesses, incurred by the Village. Owner shall deposit the amount
of such costs reasonably estimated by the Village into a segregated, interest bearing
escrow account prior to the commencement of such eminent domain proceedings by
the Village. Such funds shall be used solely to defray such costs, and all funds,
including interest, remaining in such escrow upon completion of such proceedings
shall be refunded to Owner.
32. Construction Offices and Trailers
Developer and its contractors are hereby authorized and permitted to maintain
temporary structures (including trailers, offices and similar facilities) on any part of the
Property, and to use said structures for storage of construction materials, supplies and
equipment, any ordinance, regulation or rule of the Village to the contrary notwithstanding.
Such structures, however, shall be maintained in a safe and sanitary condition and in good
repair. Said structures shall be permitted only as a temporary use. Within one year of the
placement or construction of said temporary structures, Developer must remove them unless
the Corporate Authorities approve an extension of their use. Any such renewal shall not be
unreasonably withheld.
The Developer/Builder shall indemnify and hold harmless the Village and its officers
and employees from any liability for any losses caused as a result of water not being
available to or connected to said temporary construction office trailer.
33. Miscellaneous Requirements
A. The maintenance and management plan for all proposed natural areas shall be
acceptable to the Village and submitted for Village approval prior to approval
of final plats.
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B. The proposed development shall be compliant with the Village’s Soil Erosion
and Sediment Control Ordinance. All required site development permit
submittal plans and information shall be submitted in conjunction with final
engineering plans.
C. No driveways may cross any bike paths except along Station Boulevard east of
Anderson Road.
D. Unless expressly stated otherwise herein, OWNER is responsible for all
design, engineering, and construction costs, at its sole expense, for all public
improvements, facilities and utilities needed to serve the SUBJECT
PROPERTY, unless otherwise herein provided.
E. Unless otherwise accepted or otherwise varied herein, OWNER shall comply
with all VILLAGE ordinances, resolutions, rules, regulations, MPDG,
Preliminary Engineering, and all the provisions of this Agreements, including
all EXHIBITs, hereto.
F. It is understood and agreed by the parties hereto that time is of the essence of
this Agreement, and that all of the parties will make every reasonable effort to
expedite the subject matter hereof; it is further understood and agreed by the
parties that the successful consummation of this Agreement requires their
continued cooperation.
G. OWNER shall be required to provide completion bonds or letters of credit as
security for completion of public improvements. Said bonds or letters of
credit shall be for a term of not less than one (1) year with automatic renewals.
All bonds and letters of credit shall include a provision requiring the bond
39 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
company or bank to send notice to the VILLAGE, by certified mail, restricted
delivery, not less than ninety (90) days prior to the expiration of said bonds or
letters of credit. At any time said bonds or letters of credit are not in full force
and value, no further building permits or certificates of occupancy shall be
issued for any phase of the development. Only bonds issued by companies
having an A+ rating with total assets in excess of $ shall
be permitted. Any banks issuing letters for credit shall be financial institutions
acceptable to the Village. Bonds, letters of credit or other forms of security
acceptable to the Village shall be required to guarantee completion,
maintenance (including street cleaning and snow plowing) and warranty of all
public improvements, facilities and utilities, as well as all financial obligations
of Owner imposed by the terms of this Agreement, Village Ordinance,
resolution, rule or regulation. Said bonds, letters of credit or other security
shall also be written to allow recovery by Village of all of its costs and
expenses in calling said security, including the Village engineers fees incurred
on account of inspections and preparation of necessary punch lists, and
reasonable attorney fees. The Owner agrees to provide security in the amount
of 120% of the engineer’s opinion of estimated construction cost for public
improvements as set forth in the Subdivision Control Ordinance.
H. Public improvements may only be accepted on a subdivision unit by unit basis,
excepting lift stations, parks, trails, off-site improvements, or other items that
are part of a larger project.
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34. Site Design Studies
OWNER has prepared EXHIBITs illustrating conceptual designs for selected
areas of Elburn Station. Both the OWNER and the Village acknowledge that these
layouts are conceptual, and may be altered provided all provisions of the MPDG are
followed, subject to Village approval.
35. Recording
OWNER shall, at its expense, record this Agreement and the EXHIBITs
attached hereto within thirty (30) days after approval. All final plats and recapture
agreements shall be recorded at OWNER’S expense.
36. Remedies
The Parties may exercise any remedies available at law or in equity. Without
limiting the foregoing, the Parties agree as follows:
A. This Agreement shall be enforced in the 16th Judicial Circuit, Kane County,
Illinois, by the Parties or by any successor or assign of the Parties.
Enforcement may be sought by an appropriate action at law or in equity to
secure the performance of the covenants, agreements, conditions and
obligations contained herein.
B. This Agreement shall be governed by the laws of the State of Illinois.
C. No action taken by any Party pursuant to the provisions of this Section ___ or
pursuant to any other section of this Agreement shall constitute an election of
remedies, and all remedies set forth in this Agreement, as well as any remedies
at law or in equity, shall be cumulative and shall not exclude any other
remedy.
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D. Unless otherwise expressly provided herein, 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 non-
breaching Party’s seeking of any remedy provided for herein. If such breach
cannot be corrected within thirty (30) days, the non-breaching Party shall not
seek to exercise any remedy provided for herein as long as the defaulting Party
has initiated the cure of said breach and is diligently proceding with the cure of
said breach.
E. In the event the performance of any covenant to be performed hereunder by
any Party is delayed for causes which are beyond the reasonable control of the
Party responsible for such performance (which causes shall include, but not be
limited to, acts of God; inclement weather conditions; strikes; material
shortages; lockouts; the revocation, suspension or inability to secure any
necessary governmental permit, license, or authority; and any similar cause)
the time for such performance shall be extended by the amount of time of such
delay.
F. The failure of the Parties to insist upon the strict and prompt performance of
the terms, covenants, agreements, and conditions herein contained, or any of
them, upon any other Party imposed, shall not constitute or be construed as a
waiver or relinquishment of any Party’s right thereafter to enforce any such
term, covenant, agreement or condition, but the same shall continue in full
force and effect.
G. In no event shall the Village, or its officers, employees, or agents be held
42 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
liable for money damages unless the Village maintains liability insurance
which provides coverage for such claims, in which event the Village’s liability
shall not exceed said insurance coverage amount.
37. Term and Binding Effect
This Agreement shall inure to the benefit of and be binding upon the assignees
and successors in title of the OWNER and upon successor corporate authorities of the
VILLAGE and its successor municipalities and shall run with the land. This
Agreement shall be valid and binding for a period of twenty (20) years from the date
of its execution or any extension thereof as provided herein.
38. Notices
Unless otherwise notified in writing, all notices, requests and demands shall be
in writing and shall be delivered to or be mailed by certified mail, return receipt
requested, as follows:
If to the VILLAGE: The Village President and the Village Clerk 30l E. North Street Elburn, Illinois 60ll9
If to OWNER: c/o Shodeen Management Company.Construction Company LLC
17 North First Street Geneva, IL 60134
39. Modification
The VILLAGE and the OWNER may, by common and
mutual consent, amplify, modify or otherwise agree to other terms and conditions
than those set forth within this Agreement, in the manner provided by law. The
VILLAGE and owner of record of any portion of the SUBJECT PROPERTY, even if
Formatted: Indent: Left: 0.5", Hanging: 2"
43 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
not the OWNER named herein, may agree to modify this Agreement with respect to
such portion of the SUBJECT PROPERTY.
40 Severability
The provisions of this Agreement shall be deemed to be severable, and if any
section, paragraph, clause, provision, or item of this Agreement shall be held invalid,
the invalidity of such section, paragraph, clause, provision or item shall not affect any
other provision of this Agreement.
41. Compliance
The construction of all public improvements:
A. Shall be constructed in full compliance with all applicable federal, state, and
local laws, Village Ordinances subject to all applicable variation based upon
MPDG and Preliminary Engineering, rules, and regulations;
B. Owner shall submit, if applicable, completed copies of all permits (IEPA,
IDOT, KDOT, U.S. Army Corps, etc.) required for construction of the
improvements;
C. Owner shall submit a statement acknowledging the ability to comply with
federal, state, and local safety laws and regulations.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set
their hands and affixed their seals on the day, month and year first above written.
VILLAGE: OWNER/DEVELOPER: VILLAGE OF ELBURN, an Elburn Station Illinois municipal corporation Land Company L.L.C. a Delaware Limited Liability Company
44 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
By:____________________________ By: Sho-DeenManagement Company, its Manager David L. Anderson, President, Its___________________________ Village of Elburn, Kane County, IL Covington Court Partnership, an Illinois Limited Partnership By: Covington Court Development Corporation, an Illinois Corporation, its General Partner By:___________________________ Title: President State Bank of Geneva, as Trustee of Trust No. 825 By: Title ATTEST: ATTEST: _______________________________ ________________________________ Diane McQuilkin, Clerk Its______________________________ Village of Elburn, Kane County, IL
45 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
STATE OF ILLINOIS )
) SS COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that David L. Anderson, President of the Board of Trustees of the Village of Elburn, and Diane McQuilkin, Village Clerk of said Village, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said Village, for the uses and purposes therein set forth; and the said Village Clerk then and there acknowledged that she, as custodian of the corporate seal of the Village, did affix the corporate seal of said Village to said instrument as her own free and voluntary act and as the free and voluntary act of said Village, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this _______ day of _________________, 200__.
___________________________________ Notary Public
46 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
STATE OF ILLINOIS ) )SS COUNTY OF KANE ) I the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the __________ President of Shodeen Management Company the Manger of Elburn Station Land Company LLC a Delaware Limited Liability Company, and ___________________, personally known to me to be the ___________ Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such _________ President and _______ Secretary, they signed and delivered the said instrument an caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of _________ of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said limited liability company for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of , 20__. ______________________________ Notary Public
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EXHIBIT “A”
PROPERTY
48 ELBURN, VILL / ShoDeen Construction Co. (Elburn Station) - E 1031 / Annexation agreement /22610
EXHIBIT “___”
FORM RECAPTURE AGREEMENT
RECAPTURE AGREEMENT
THIS RECAPTURE AGREEMENT (“Agreement”), is made and entered as of the day of , 20 by and between the VILLAGE OF ELBURN, an Illinois municipal corporation (“Village”) and SHODEEN INCORPORATED, an Illinois corporation (“Developer”).
RECITALS A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the Village and commonly known as Elburn Station Subdivision (“Subdivision”). B. Developer and Village have heretofore entered into that Annexation Agreement dated , 20 (“Annexation Agreement”) pertaining to the annexation and development of the Subdivision within the Village. C. Developer desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision (“Recapture Items”) which shall provide benefit to other properties (“Benefited Properties”) from the owner of the Benefited Properties (“Benefited Owner”). D. Developer and the Village are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owner, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as part of the development of the Subdivision, are identified in Attachment “A” attached hereto (“Recapture Schedule”). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item (“Estimated Cost”). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the Village in accordance with applicable ordinances of the Village.
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2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment “B.” Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a “Benefited Parcel.” There are a total of Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the Village have determined will benefit a Benefited Parcel, and the pro rata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the “Recapture Costs.” The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of eight percent (8%) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon.