HomeMy Public PortalAboutOrdinance 2685
Ordinance No. 2685
LAURIE MCPHILLIPS 26P R 2007163309
Will Coun~.Y Recorder Page 1 of 26
CAK Date 11/08/2007 Time 12'46.75
Recording Fees: 0.00
IL Rental Hsng Support Prag_
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN
ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD,
ILLINOIS, AND ROUSONELOS FAMILY PARTNERSHIP L.P.
PIN #'S 03-07-400-001; 03-07-100-002
WHEREAS, an Annexation Agreement, a true and exact copy of which is attached
hereto as Exhibit "A", and by reference thereto incorporated herein, has been submitted to
the Corporate Authorities of the Village of Plainfield by the owner.
WHEREAS, a public hearing was held before the Corporate Authorities of the
Village of Plainfield, after publication of notice, upon a proposed Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, AS
FOLLOWS:
Sec. 1: That the President and Village Clerk are hereby authorized and directed to
execute the aforesaid Annexation Agreement, in substantially the form
attached hereto, for and on behalf of the Village of Plainfield, Illinois.
That all ordinances or parts thereof in conflict herewith are hereby repealed.
This Ordinance shall be in full force and effect from and after its passage and
approval as required by law.
This Ordinance shall be numbered as Ordinance No. 2685.
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PASSED THIS 17T" DAY OF SEPTEMBER, 2007.
AYES: Lamb, Manning, Racich, Vaupel, Dement,
NAYS: Fay
ABSENT: None
APPROVED THIS 22nd DAY OF COTOBER, 2007.
J .~' _ Ti
VILLAGE CLERK
PREPARED BY AND RETURN TO:
VILLAGE OF PLAINFIELD
24401 W. LOCKPORT STREET
PLAINFIELD, IL 60544
ATTN: VILLAGE CLERK
ANNEXATION AGREEMENT
' ~ FOR
ROUSONELOS FAMILY PARTNERSHIP, L.P.
(Development Name)
THIS ANNEXATION AGREEMENT is entered into this
day of ~OV e m Y~Q ~ , 2007, by and between the Village of Plainfield, an Illinois municipal
corporation (hereinafter referred to as "VILLAGE"), and Rousonelos Family Partnership, L.P.
(hereinafter collectively referred to as "OWNER"), and
(hereinafter referred to as "DEVELOPER") for all the properly
described in the Plat of Annexation marked Exhibit A, attached hereto.
WITNESSETH:
WHEREAS, the VILLAGE is an Illinois municipal corporation; and,
WHEREAS, the OWNER is the owner of record of the real property legally described in Exhibit
"A" (said property referred to herein as the "SUBJECT PROPERTY"), the Plat of Annexation and the
legal description, attached hereto and hereby incorporated and made a part of this Agreement, which is
not within the corporate limits of any municipality and which constitutes the subject premises to be
annexed to the Village; and
WHEREAS, the SUBJECT PROPERTY is contiguous or may became contiguous with the
corporate limits of the VILLAGE; and
WHEREAS, it is the intention ofthe parties that the annexation afthe SUBJECT PROPERTY
to the VILLAGE be upon the terms and conditions of this agreement; and
WHEREAS, in accordance with 6S ILCS 5/11-15.1-1 et seq. of the Illinois Compiled Statutes
and pursuant to lawful notice, the VILLAGE has placed this Agreement before the public for comment
and hearing by its Corporate Authorities; and
WHEREAS, the VILLAGE, by its Corporate Authorities, shall consider an ordinance adapting
this Agreement in the manner provided bylaw; and
WHEREAS, the adoption and approval of this Agreement is an exercise of the powers vested in
the VILLAGE by the Illinois Compiled Statutes.
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NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements herein contained, it is hereby agreed as follows:
1. INCORPORATION OF RECITALS AND EXHIBITS.
The foregoing recitals are hereby incorporated into the body of this agreement as if fully set
forth and repeated herein.
Any exhibit referred to in this agreement and attached hereto shall also be considered
incorporated herein by express reference.
2. ANNEXATION AND ZONING.
OWNER agrees within seven (7) days after the execution of this Agreement to file properly
executed petitions for annexing and zoning said premises,rf said petitions have not already been filed.
Within thirty (30) days of contiguity the VILLAGE agrees, pursuant to requisite notice having
been given, and in accordance with law, to enact and adopt ordinances annexing and zoning the
premises designated in Exhibit A, attached hereto and made a part of this Agreement, to zoning
classification R-l Law Density Single Family Residential District.
OWNER and DEVELOPER agree that the Subject Fraperty shall be developed in accordance
with the ordinances of the VILLAGE, as approved ar subsequently amended, and agree to follow all of
the policies and procedures ofthe VILLAGE in connection with such development except as modified
in this Agreement and shall develop the Subject Fraperty in accordance with the Preliminary Plat, which
is marked "Exhibit B," attached hereto and made a part of this Agreement.
3. PARK AND LIBRARY DISTRICT ANNEXATION.
Upon annexation ofthe Subject Property to the VILLAGE, the OWNER agrees to f le petitions
to annex the Subject Property to the Plainfield Township Park District and the Plainfield Library
District.
The OWNER agrees to annex the SUBJECT PROPERTY to the Plainfield Township Park
District and Plainfield Public Library District with 30 days of contiguity with the Districts.
4. PARK AND SCHOOL DONATIONS.
The OWNER and DEVELOPER agree to comply with the Village Ordinance on land/cash donations
for park and school sites. Fees paid in lieu of park land are required prior to the release of the final
plat. The DEVELOPER agrees to pay all fees identified in the school facility impact fee schedule
attached. If development extends beyond 2008 the fee will be what is in effect at the time of
development of each unit.
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The OWNER and DEVELOPER agree to comply with the Village Ordinance on land/cash
donations far park and school sites. Fees paid in lieu of park land are required prior to the release of
the ftnal plat. The DEVELOPER agrees to pay all fees identified in the school facility impact fee
schedule attached. The Village must approve all park designs and reserves the right to hire a
landscape architect to design any park or open space area. The developer/owner agrees to pay any fee
associated with the design.
The DEVELOPER agrees to pay all fees identified in the School Transition Fee table attached.
The school transition fee shall be paid not later than at building permit issuance and shall be based on
the fee then in effect at the time of payment. Far building permits issued after July 1, 2007, the
required transition fee shall be the fee then in effect as approved by the VILLAGE.
The OWNER and DEVELOPER agree to pay a fee at building permit set by the junior college
within which district the development occurs and approved by the Village.
5. FIRE PROTECTION DISTRICT DONATION
The OWNER and DEVELOPER agree to pay $1,000.00 contribution per residential unit to the
Fire Protection District in which the unit is located and $0.1 S per square foot for commercial
development. The fee will be paid at the time of building permit issuance.
6. LIBRARY IMPACT FEE.
The OWNER and DEVELOPER agree to pay the applicable contribution per unit, as set forth in
the inter-governmental agreement between the VILLAGE and the Plainfield Library District. The fee
will be paid at the time of building permit issuance.
7. WATER AND SEWER SERVICE.
VILLAGE represents and warrants that the approximately 223 acres of the SUBJECT
PROPERTY described in Exhibit A is currently within the FPA (Facilities Planning Area) of the
VILLAGE or if not presently in the FPA, the Village will submit all required applications to include
the SUBJECT PROPERTY into the Village's FPA. All application and associated costs to amend the
FPA shall be the responsibility of the DEVELOPER.
$. WATER AND SANITARY SEWER FEES.
Connection fees required for connection to the Village's sanitary sewer system are as
established by Village Ordinance. The minimum connection fees to the Village's water supply system
are as follows:
Water Meter size (inches)
5/8
3/4
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Water Connection Fee
$2,600.00
$2,600.00
$3,110.00
3
1 '/~ $3,570.00
2 $4,030.00
3 $4,490.00
4 $4,940.00
6 $5,860.00
All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction
permit, upon receipt of required IEFA Sewer Permit, but before any sewer main construction, the
property owner or OWNER shall be required to pay the Village the total sewer connection fee for the
entire azea served by said permit. The population equivalent stated on the IEPA permit shall be the
basis for calculating the required connection fees. Substantial sanitary sewer construction shall begin
within ninety (90) days of receiving required IEFA sewer construction permits.
9. SANITARY SEWER OVERSIZING IMPACT FEE
The OWNER and DEVELOPER recognize that certain sanitary sewer oversizing is required
pursuant to the Sanitary Sewer Recapture Map. Said Map outlines the estimated cast per acre ofsewer
oversizing according to zones. The oversizing will be constructed by either the OWNER and
DEVELOPER or the VILLAGE, at the VILLAGE's discretion. If constructed by the OWNER and
DEVELOPER, recapture will follow the provisions of Section 10 of this ANNEXATION
AGREEMENT. If constructed by the VILLAGE, OWNER and DEVELOPER will reimburse all
VILLAGE expenses related to the sewer construction, including engineering, easement acquisition,
administration and legal fees. The percentage of the total project cast to be reimbursed by
DEVELOPER shall be calculated based on the acreage of the development within the recapture area.
Any applicable fees shall be payable at the time of final plat or if no platting is necessary, prior to
building permit.
10. RECAPTURE FEES.
Upon development, OWNER or DEVELOPER shall be obligated to pay any recapture fees as
applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways, traffic
signals or improvements or any other improvements as set forth in 6S ILCS 5/9-5-1.
VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for streets,
water, sanitary sewer ar storm sewer lines constructed by OWNER, which benel~t other properties by
the installation and/or over sizing of said improvements. Such recapture ordinances shall only be
adopted upon satisfactory demonstration by the OWNER or DEVELOPER that the recapture is fair
and equitable and that provision of notice of the proposed recapture fees is provided to affected
property OWNER, The determination that a proposed recapture is fair and equitable shall be solely
that of the Village. Pees are due upon Village request.
In the event benefiting property subject to recapture is owned by a government agency (e.g.,
fire protection district, pazk district, school district), such government entity shall not be required to
pay recapture, thus reducing the total amount the DEVELOPER and/or VILLAGE are entitled to
recapture.
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Any recapture ordinances shall be for a maximum of ten (10) years from the date of adoption
of said ordinance with 4% interest payable to the OWNER or DEVELOPER commencing twa (2)
years from the date of completion of said improvement. An administrative fee shall be charged at the
rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover
administrative costs of the recapture agreement. The costs to be recaptured shall not exceed 110
percent of the estimated costs per the approved engineer's opinion of probable construction costs
(EOPC). Any increase in cost of more than 5 percent of the EOPC (but in no event more than 10
percent of the EOPC) shall not be permitted unless a detailed explanation of the increase in costs is
submitted by the DEVELOPER and approved by the VILLAGE.
11. ANNEXATION FEES.
The OWNER and DEVELOPER agrees to pay an annexation fee to the VILLAGE of $2,500
unit for any residential development or $4,000 per gross acre for commercial development, payable at
the time of final plat or if no platting is necessary, prior to building permit.
12. TRAFFIC IMPROVEMENT FEE
The OWNER and DEVELOPER agrees to pay a traffic improvement fee to the Village of
$2,000.00 per unit of residential development and $.10 per square foot of buildings for commercial
development. Square footage for commercial development is based on gross building area. Said fees
shall be payable at the time of final plat or if no platting is necessary, prior to building permit.
13. MUNICIPAL FACILITY FEE
The Owner and Developer agrees to pay $2,000.00 per unit for future municipal facilities.
Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building
permit.
14. VILLAGE BEAUTIFICATION
The Developer agrees to pay a Village Beautification fee of $250.00 per unit far future
beautification projects. The fee is payable upon building permit.
1S. EASEMENTS
The owner agrees to dedicate right of way or grant utility easements within thirty days of
written request by the Village.
16. ARCHITECTURAL DESIGN PROVISIONS.
The OWNER and DEVELOPER agree to provide a variety of architectural designs for residential
dwelling units for the purpose of discouraging excessive similarity between units, including but not
limited to single family, duplexes, and multi-family developments. The OWNER and DEVELOPER
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agree to establish appropriate policies and procedures to provide distinction between surrounding
dwelling units, including front, rear and side elevations, for the purpose afanti-monotony as defined in
Exhibit C.
The Village is looking to better control monotony and to encourage character within subdivisions
including all four sides of residential structures, roof pitches, heights, and materials. The developer
agrees to develop the subject property in accordance with the Pattern Book attached as Exhibit D.
This exhibit identifies architecture for all homes including facades for all four sides of each model
proposed and materials. The Pattern Boak will show a breakdown of the number of each model used
and will identify the separation in the location of each models type.
17. VARIANCES.
No variances will be necessary to develop the property. (If variances are required, they shall be
described and attached as an Amendment, Exhibit C)
18. MISCELLANEOUS FEES.
All other fees provided for by ordinance and uniformly applied and collected in connection
with the development of the property within the corporate limits of Plainfield, except as otherwise
specified in this agreement shall be applicable to the subject realty. Fayment of all fees due under the
Village Ordinances, together with the posting of any and all letters of credit and other guarantees shall
be apre-condition to the approval by the Village of any final plan, plat or site plan submitted by
OWNER and DEVELOPER under this agreement.
19. AMENDMENTS.
This agreement, including the attached exhibits, may be amended only with the mutual consent
of the parties by a duly executed written instrument. In the case of the VILLAGE, the written
instrument may only be in the form of an ordinance duly adopted in accordance with applicable laws.
Modifications subsequent to this Agreement's adoption shall require a public hearing and procedures
consistent with law.
2p. EXHIBIT C.
Any modifications to the VILLAGE' S standard annexation agreement provisions are set forth
in Exhibit C. The OWNER, DEVELOPER and VILLAGE agree that should any conflicts between
Exhibit C and the text of this Agreement exist, the provisions of Exhibit C shall supersede those of
this text.
21. DORMANT SPECIAL SERVICE AREA (SSA)
OWNER and Developer agree to the Village enacting a dormant Special Service Area (SSA) to
act as a back-up in the event that the Homeowner's Association fails to maintain the private common
areas, private detention ponds, perimeter landscaping features, and entrance signage within the Subject
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Property. The special service area will be completed as part of the first phase of development.
22. ENFORCEMENT.
This Agreement shall be enforceable by any action at law or in equity, including actions for
specific performance and injunctive relief. The laws of the State of Illinois shall control the
construction and enforcement of this Agreement. The parties agree that all actions instituted on this
agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby
waive venue in any other court of competent jurisdiction. Before any failure of any party to perform
any obligation arising from this Agreement shall be deemed to constitute a breach, the party claiming
the breach shall notify the defaulting party and demand performance. No breach of this Agreement
shall have been found to have occurred if performance is commenced to the satisfaction of the
complaining party within thirty (30) days of the receipt of such notice.
23. EFFECT OF SUCCESSORS.
This agreement shall be binding upon and inure to the benefit of the VILLAGE and its
successor municipal corporations and corporate authorities. This Agreement shall be binding upon
and inure to the benefit of OWNER and their grantees, lessees, assigns, successors and heirs.
24. CONSTRUCTION OF AGREEMENT.
This Agreement shall be interpreted and construed in accordance with the principles applicable
to the construction of contracts. Provided, however, that the parties stipulate that they participated
equally in the negotiation and drafting of the Agreement and that no ambiguity contained in this
Agreement shall be construed against a particular party.
25. SEVERABILITY.
if any provision, covenant, agreement or portion of this Agreement or its application to any
person, entity or property is held invalid, such invalidity shall not affect the application or validity of
any other provision, covenants, agreement or portions of this Agreement, and this Agreement is
declared to be severable.
26. EFFECT OF THIS AGREEMENT.
The provisions of this Agreement shall supersede the provisions of any ordinances, codes,
policies or regulations of the Village which maybe in conflict with the provisions of this agreement.
27. DURATION.
This agreement shall remain in full force and effect for a term of twenty (20) years from the
date of its execution, or for such longer period provided by law.
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28. NOTYCE.
Any notice or demand hereunder from one party to another party ar to an assignee or successor
in interest of either party ar from an assignee or successor in interest of either party to another party, or
between assignees or successors in interest, either party shall provide such notice or demand in writing
and shall be deemed duly served if mailed by prepaid registered or certified mail addressed as (allows:
If to the VILLAGE:
James Waldorf Chris Minick
Village President Village Administrator
24401 W. Lockport Street 24401 W. Lockport Street
Plainfield, IL 60544 Plainfield, IL 60544
With copies to: Jim Harvey, Village Attorney
McKeown, Fitzgerald, Zollner, Buck, Hutchinson, & Ruffle
2455 Glenwood Ave.
Joliet, IL 60435
If to any owner of record of any real property located within the subject property, or the
OWNER:
Rousonelos Family Partnership, L.P.
14560 Steiner Road
Plainfield, Illinais 60544
With copies to: Bruce Goldsmith
Dykema Gossett FLLC
4200 Commerce Court, Suite 300
Lisle, Illinois 60532
Or to such address as any party hereto or an assignee or successor in interest of a party hereto may
from tilxle to time designate by notice to the other party hereto ar their successors in interest.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and
year first above written
[SIGNATURES ON FOLLOWING PAGE]
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THE VILLAGE OF PLAINFIELD,
a Munj~p l Corporationq
BY
illage President
ATTEST:
BY ~.~-e=%f
ViHage'~lerk
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OWNER:
ROUSONELfOS FAMILY PARTNERSHIP, L.P.,
Martha Rousonelos, as General Partner
School Facilities Impact Fee ~- Unit School District (K-12)
Number of
Bedrooms 1/1/04
to
6/30/04 7/1/04 to
12/31/04 1/1/05
to
6/30/05 7/1/05 to
12/31/05
2006
2007
2008
Detached Single Family Dwelling Units
4+ bedroom $2640 $3307 $3974 $4640 $4$26 $5019 $5220
3 bedroom $1763 $2430 $3097 $3763 $3914 $4070 $4233
2 bedroom $681 $708 $736 $766 $796
Attached Single Family Dwelling Units
4+ bedroom $1569 $1902 $2236 $2569 $2672 $2779 $2$90
3 bedroom $900 $1067 $1234 $1400 $1455 $1514 $1575
2 bedroom $806 $838 $872 $907 $943
Apartments
3+ bedroom $1846 $1920 $1997 $2077 $2160
2 bedroom $651 $677 $704 $732 $761
1 bedroom $16 $16 $17 $18 $18
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Transition Fee Table
Unit School District (K-12.)
Number of Transition Fee By Time Period
Bedrooms ]./1/06 to 6/30/06 7/1/06 to 12/31/06 1/1/07 to 6/30/07 After 7/1/07*
Detached Single-Family
1 Bedroom $0 $0 $0 $0
2 Bedrooms $125 $249 $374 $499
3 Bedrooms $654 $1,307 $1,961 $2,615
4 Bedrooms $821 $1,642 $2,463 $3,284
S+Bedrooms $1,022 $2,046 $3,068 $4,091
Attached Sin le-Family
1 Bedroom $0 $0 $0 $0
2 Bedrooms $142 $285 $427 $570
3 Bedrooms $250 $501 $751 $1,001
4+Bedrooms $456 $911 $1,367 $1,822
Apartments
Efficiency $0 $0 $0 $0
1 Bedroom $2 $6 $8 $11
2 Bedrooms $113 $225 $338 $450
3+Bedrooms $320 $640 $960 $1,279
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EXHIBIT A
PLAT OF ANNEXATION
TO BE PREPARED WHEN THE OWNER WANTS TO ANNEX
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PARCEL 1: THE SOUTH HALF OF THE NORTH HALF OF SECTION 7, TOWNSHIP 36
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, 1N WILL COUNTY,
ILLINOIS.
PARCEL 2: THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL
COUNTY, ILLINOIS.
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EXHIBIT B
PRELIMINARY PLAT
TO BE PREPARED WHEN THE OWNER WANTS TO ANNEX
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F.XUrRrT r
RIDER TO ANNEXATION AGREEMENT CONCERNING APPROXIMATELY TWO
HUNDRED AND TWENTY THREE ACRES OF PROPERTY GENERALLY LOCATED
WEST OF STEINER ROAD, APPROXIMATELY 1/4 MILE NORTH OF STATE ROUTE
126, WILL COUNTY, ILLINOIS
THIS RIDER IS ATTACHED TO AND MADE A PART OF THE STANDARD
ANNEXATION AGREEMENT DATED , 2007 ("Annexation Agreement"),
by and between the Village of Plainfield, an Illinois municipal corporation (the "Village"), and the
Rousonelos Family Partnership, L.P., an Illinois limited partnership, its successors, assignees,
transferees and designees shall be defined herein as "Owner"). The Owner and Village are sometimes
referred to herein as "Party"' or "Parties". All references to the Subject Property and premises in the
Agreement (defined below) shall refer to the property described on Exhibit "A" to the Annexation
Agreement.
I. Scope of Rider. This Rider is intended to amend the Annexation Agreement.
This Rider shall be treated as incorporated into the body of the Annexation Agreement. To the extent
of any conflicts between the Annexation Agreement and this Rider, this Rider shall control. Unless
defined herein, all capitalized terms shall have the same meaning as set forth within the Annexation
Agreement. This Rider and the Annexation Agreement shall be referred to herein as the "Agreement."
II. Continuation of Current Uses. The Parties acknowledge that there are two (2)
single-family residences and a mobile home located on the Subject Property. Such structures are
currently being used for residential uses. Additionally, the Subject Property is being used for
agricultural purposes. In reviewing this Agreement, the Village gave due consideration to the
continuation of such current uses. Notwithstanding any provision afthe Village's Zoning Ordinance
ar Subdivision Control Ordinance now in effect which may be in conflict with the current uses of the
Subject Property, Owner shall be permitted to continue the current uses of the Subject Property during
the term of this Agreement until such time as Owner develops the respective portion of the Subject
Property, provided, however, Owner shall be required to remove the existing mobile home within one
(1) year of approval of the first final plat for the Subject Property. It is acknowledged by the Parties
that the development of the Subject Property may occur in phases. In this event, the portions of the
Subject Property that are not developed shall remain agricultural, and may be used by Owner for such
current residential and agricultural uses, until such portions are developed. Owner has no current
intention of developing the Subject Property and the obligations set out in this Exhibit C relating to the
future development of the Subject Property (including, but not limited to, all roadway and related
improvements) shall become the obligations of the subsequent owner/developer, except fox those
provisions relating to the dedication of Steiner Raad and annexation of the Subject Property.
III. Deviations from Zoning Ordinance & Subdivision Code. The Village agrees to
allow the Owner to develop the Subject Property in accordance with the existing Village's Zoning
Ordinance and Subdivision Code, and shall allow the following deviations from the R-1, Low Density
Single-Family Residential District fox the Subject Property:
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A) The Owner shall be allowed to have a minimum single family detached home
lot size of 10,500 square feet.
B) The Owner shall be allowed to have a minimum single family detached home
lot width of seventy (70) feet.
C) The Owner shall be allowed to have a local street right-of--way width of sixty
(60) feet.
D) As part of the rezoning under the R- l ,Low Density Single-Family Residential
District with a special use permit for a planned unit development, the Subject Property may be
developed with single family residences as well as up to twenty-five percent (25%) multi-family uses
in accordance with the R-4, Multiple-Family Residential District. The overall base density for
development on the Subject Property shall be 2.1 units per acre with an overall maximum density of
3.0 units per acre as provided in the Village's Comprehensive Plan and Residential Design & Planning
Guidelines for Planned Unit Developments and Annexations. The exact quantities, locations and bulk
standards for the multi-family and single-family homes shall be set forth on the preliminary and final
plat for the respective phase of development.
Owner shall be allowed to dedicate sixty (60)feet ofright-af--way far all "Local" streets in the
development. The pavement width of these streets shall bethirty-one (31) feet back of curb to back of
curb, in accordance with the Village's current Subdivision Code. It is recognized by the Parties that
all of the streets to be later identified on the preliminary plat for the Subject Property will be platted
and constructed as "Local" streets under the Village's Subdivision Code, except for County Line Road
which shall be constructed to "Minor Arterial" standards under the Village's Subdivision Code_
County Line Road shall require one-hundred and twenty (120) feet ofdedicatedright-of--way for a two
(2) lane roadway with a center divided median, which shall be later identified on the preliminary plat
for the Subject Property. Owner shall commence construction of County Line Road at such time as
the Subject Property is developed ar fallowing the extension of County Line Road to the south
property line of the Subject Property by the developer of the property to the south, whichever is later.
The Village agrees that the County Line Road extension will serve as a regional rand system arid may
substantially benefit other properties. In the event it is determined that other properties are benefited
by the County Line Road improvements, the Village agrees to enter into a recapture agreement with
the Owner in order to ensure that that the Owner equitably recaptures from such benefited properties,
the proportionate share of Owner's total cost to design and construct its portion of the County Line
Road improvements, described above. The recapture agreement shall be for a period of twenty (20)
years and shall captain terms consistent with this Agreement. Notwithstanding the foregoing, the
Parties acknowledge and agree that Owner shall in no case be entitled to receive from any benefited
owners more than its proportionate share of the total cost of the County Line Road improvements,
including applicable interest and administrative costs, pat to exceed the then current consumer price
index that are attributable to the cost to construct such improvements.
IV. Access, Road Irngrovements & Dedication. The Village shall allow a
minimum of four (4) access points on the Subject Property, two (2) along Steiner Road and the other
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two (2) along County Line Road. The location of such access points shall be determined at the time of
preliminary plat approval, Except as expressly provided in this Agreement, all roadways and streets
will be approved by the Village, and will be developed in accordance with the existing Village of
Plainfield Subdivision. Cade. Owner shall be under no obligation to make any roadway improvements
or dedications ofrights-of--way as to roads or streets not specifically identified in this Agreement as
being Owner's responsibility. The Owner shall dedicate one-hundred twenty (120) feet of right-of-
way tothe Village for the extension of County Line Raad in accordance with the Village of Plainfield
Subdivision Code.
A. Steiner Road Conveyance & Temporary _,Constructian „Easement. The Parties
acknowledge that the Village intends to widen Steiner Road by building a four (4) lane divided
roadway north to 143`d Street, and all related roadway and municipal improvements in the right-of-
way, including, but not limited to, sidewalks, bike paths, sanitary sewer, storm sewer, water mains and
lines, street lights and traffic signals (the "Steiner Road Improvements"). The Village waives any and
all existing and future recapture and contribution rights that it may have from the Owner and any
future owners ofthe Subject Property in connection with the widening of Steiner Raad and the Steiner
Raad Improvements. In consideration of the Village's annexation ofthe Subject Property and other
approvals pursuant to this Agreement, the Owner agrees to convey to the Village, a fee simple interest
in and to that portion of the Subject Property set forth and legally described on Exhibit 1 afthis Rider
far the extension of Steiner Road and construction of the Steiner Raad Improvements. Such
conveyance shall be made within thirty (30) days following the Parties' execution afthe Agreement.
The widening of Steiner Road and construction of the Steiner Raad Improvements shall be performed
by the Village at its sole cost and expense in accordance with the temporary construction easement
attached to this Rider as Exhibit 2. Provision is made in the temporary easement for compensating
Owner and its farm tenant for any crop damage occasioned by the Village's construction activities. As
a condition of such dedication, the Village agrees, at its cost, to landscape the eastern portion of the
Subject Property near the residences and mobile home with shrubs and evergreens, or such. other
landscaping approved by Owner. Such landscaping shall be completed by the Village at such time as
the Steiner Raad Improvements are constructed. The exact locations of such landscaping shall be
approved by the Parties. The Village understands that there is currently a berm on the Subject
Property which serves as the east bank of a pond that serves the current operations an the Subject
Property. In the event that the pond is impacted by the construction of Steiner Road, the Village will
take whatever measures are necessary to protect the pond, including putting in a retaining wall if
required. The Village will allow the Owner to have four curb cuts along the improved Steiner Road to
allow for the continuing uses of the Subject Property. These curb cuts shall be generally located as
shown on Exhibit 3 with arrows.
V. Fees. Notwithstanding anything to the contrary contained in the Agreement ar Rider, it
is understood and agreed by the Parties that any and all fees and expenses of any kind ar type to be
imposed under the Agreement and any Village Ordinances, including, but not limited to, park, library,
fire protection, sanitary sewer and school impact fees; recapture fees (if applicable); traffic
improvement fees; municipal facility fees and Village Beautification fees, shall not be imposed upon
or required until development of the Subject Property occurs by the respective developer. The
schedule of payment for the foregoing fees shall be in accordance with Village Ordinances as exist on
the effective date of this Agreement. Notwithstanding the foregoing, all school, park and tap-an fees
16
LISLE\100130.4
ID\CAP
shall be made in accordance with the rates in effect at the time of development.
VI. Model Homes and Sales Facilities. Owner shall have the right, immediately upon
approval by the Village Board of a final plat of subdivision, to place six model homes, one sales
center, and construction trailers on the Subject Property (the "Sales Facilities") in such locations as it
deems necessary. At the time of approval of the first final plat, the Village shall allow Owner to
obtain the necessary permits in order to construct streets and utilities to serve the Sales Facilities. The
exteriors of the model homes in such Sales Facilities may be illuminated at night for both advertising
and security reasons. Owner shall be permitted to cordon off with attractive picket fencing a portion
of the cul de sac or interior in front of the Sales Facilities. The Village will issue all necessary permits
for said purposes in timely fashion.
VII. Si~na~e.
A. Model Hoene Display Signs. Pursuant to Article XI, Section 9-101(8) ofthe Village's
Zoning Ordinance, Owner may also maintain on premises, one (1) lighted or non-lighted, double-
faced, 100 square foot per side, display sign advertising the Subject Property. The top of each sign
shall not exceed 20 feet above grade. Smaller direction or identification signs will be permitted on the
Subject Property to direct customers to Owner's Sales Facilities. Owner may place three flag poles
near the Sales Facilities no higher than twenty-five feet representing the flag of the United States, the
State of Illinois and Warne of the developerand/or development. The model homes shall be allowed to
remain on the Subject Property until such time as ninety percent (90%) of the occupancy permits for
the units to be sold are obtained by Owner. The construction trailers shall be allowed to remain on the
Subject Property until such time as one-hundred percent (100%) afthe occupancy permits far the units
to be sold are obtained by Owner. The construction trailers shall not be located within 500 feet of the
property line of an existing residence.
B. Entry Monuments. Permanent entry monuments may be constructed by the Owner
within easements upon private property or upon open space throughout the Subject Property, provided
any entry monument constructed upon aright-of--way is constructed within an area of dedicated open
space and the dedicated open space is a common element for which the Owner or an owners'
association is responsible for maintenance. Up to two (2) permanent entry monuments may be located
on the Subject Property, one along Steiner Road and the other along County Line Raad. These
monument signs shall be located within sign easements which will be depicted on the preliminary plat
for the future development. Monuments shall be constructed of brick, stave or other permanent
material and will contain an identification sign with the name of the development or the neighborhood.
VIII. Zonin A royals & Annexation. The Owner shall have the right to annex the
Subject Property to the Village under the terms and conditions of this Agreement. The Owner shall
possess this right to annex the Subject Property throughout the term of this Agreement. The Parties
understand that the Owner does not have an obligation to annex the Subject Property at the time the
Subject Property becomes contiguous to the Village. However, the Owner does have an obligation to
annex the Subject Property to the Village within five (5) years of contiguity to the Village. The Parties
recognize that any provisions found within the Annexation Agreement to the contrary have been
stricken. Within thirty (30) days of annexation of the Subject Property, the Village agrees, pursuant to
17
LISLE\100130.4
ID\CAP
requisite notice having been given, and in accordance with law, to enact and adopt ordinances
rezoning the Subject Property into the R-1, Low Density Single-Family Residential District with a
special use permit far a planned unit development, pursuant to the terrrls of this Agreement.
IX. Permits.
A. Issuance of Permits. Upon annexation ofthe Subject Property, and prior to approval
of final grading plans, the Village shall allow the Owner, at its own risk, to grade the Subject Property,
as long as Owner has posted the surety required pursuant to Section X in this Rider in an amount
consistent with Village ordinances. Subsequent to approval of grading plans by the Village Engineer,
the Village shall issue any necessary permits, if any, for Owner to grade at his own risk within ten (10)
business days of a request thereof by the Owner.
Except as specifically modified herein, the Village agrees to approve and process all final plats,
building permits and occupancy permits for the Subject Property in accordance with the Village's
Zoning Ordinance and Subdivision Cade along with the Village's FUD and Residential Design
Guidelines.
B. Installation of Streets. Grading and installation of streets passable for
emergency vehicles (gravel base shall be installed), along with installation of storm sewers, sanitary
sewers, water and storm water management facilities (excluding seeding and landscaping) shall be
completed in conformance with Village Ordinances before the issuance of building permits to serve
the homes to be constructed. However, pavement shall be completed with a binder course prior to the
issuance of any occupancy permits. Tf performed before the issuance of permits for the construction of
foundations, model homes and sales facilities, such work shall be at Owner's own risk and Owner
agrees to indemnify and hold the Village harmless from any claims or demands of any type for
damages arising therefrom. With respect to streets that end in or include cul-de-sacs, Owner shall be
permitted to construct or install islands or other like structures in such cul-de-sacs.
X. Sure To ensure completion of all required public facilities and improvements,
the Owner shall file with the Village a surety bond, letter of credit, cash deposit or other reasonable
security at the election of Owner, in a form reasonably acceptable to the Village covering all public
facilities and improvements within the platted area. Notwithstanding anything to the contrary
contained in the Agreement, the surety required under this Section X shall only be required at the time
of development.
XI. PUD Guidelines and Architectural Standards. The Parties agree that the actual
developer of the Subject Property shall be required to comply with the Village's architectural design
guidelines, including the submission of a pattern book at the time of preliminary plat submittal, in
accordance with Section 16 of the Annexation Agreement.
XII. Sanita Sev~ver Oversizin & Reca ture. Paragraph 9 ofthe Annexation Agreement
is amended such that the sewer oversizing described therein will be performed by either the actual
developer of the Subject Property at the tilxle of development or by the Village, at the Village's
18
LISLE\100130.4
ID\CAP
discretion. As provided in Section V of this Rider, any such fees and expenses incurred by the Village
or otherwise due, will be paid at the time of development of the Subject Property.
XIII. General Provisions.
A. Time of Essence. Time is of the essence of this Agreement.
B. Breach. A Party shall be in breach of this Agreement if it shall fail to perform
any of its respective obligations under this Agreement and after written notice from the other party of
such failure to perform, does not commence performance or curing the breach within thirty (30) days
after such notice and diligently prosecute the same to completion. Each of the Parties shall have all
remedies available at law or in equity to enforce this Agreement or recover damages in case of a
breach of this Agreement beyond any applicable cure periods.
C. Amendment. This Agreement, and any exhibits attached hereto, may be amended only
in accordance with the procedures set forth by Illinois Statute for amending annexation agreements
and: (i) the agreement of all of the Parties affected by the amendment as evidenced by a written
amendment; or (ii) by the execution of the written amendment by the heirs, assigns or successors in
interest of the Parties to this Agreement.
D. Severability. if any provisions, covenants, agreements or portions of this Agreement,
or its application to any person, entity or property, is held invalid, such invalidity shall not affect the
application or validity of any other provisions, covenants, agreements or portions of this Agreement
and, to that end, all provisions, covenants, agreements or portions of this Agreement are declared to be
severable.
E. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same agreement.
F. Consent ar Approval. Except as atherwise provided in this Agreement,
whenever consent ar approval of a Party is required, such cansent or approval shall not be
unreasonably withheld.
G. No Waiver or Relinquishment of Right to Enforce Agreement. The failure of any
Party to this Agreement to insist upon 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 ar relinquishment of any Parties' rights to enforce any such
term, covenant, agreement, or condition, but the same shall continue in full force and effect. No
waiver by either Party shall be valid or binding unless it is in writing signed by that Party, and only to
the extent therein set forth.
H. Construction. This Agreement shall be construed according to its fair meaning
and as having been prepared by both Parties hereto. In this Agreement, wherever the context requires,
the singular shall include the plural, the masculine, feminine, and neuter shall be mutually inclusive,
and the present shall include the future.
19
LISLIr\100130.4
ID\CAP
I. Effective Date. This Agreement shall become effective upon the date first above
written by each of the Parties.
J. Successors in Interest. This Agreement shall inure to the benefit of, and be binding
upon, the successors, grantees, and assignees of the Parties. It is understood by the Parties that this
Agreement maybe freely assigned by the Owner. Upon an assignment, Owner shall be released of all
obligations and responsibilities under this Agreement, without limitation.
THE VTLLAGE OF PLAINFIELD,
aM
BY:
Rousanelos Family Partnership, L.F.,
an Illinois limited partnership
Martha Rousonelos
ITS: General Manager
20
LISL6U 00130.4
ID\CAP
EXHIBIT 1
Legal Description of Steiner Road Conveyance
THE EAST 60 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE EAST
60.00 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER, IN SECTION 7,
TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL
COUNTY, ILLINOIS.
21
LISLE\100130.4
ID\CAP
EXHIBIT 2
Temporary Construction Easement
NOT APPLICABLE -- ROADWAY DEDICATION GRANTED
22
LISLE\1D0130.4
ID\CAP
EXHIBIT 3
Curb Cuts
SEE ATTACHED DRAWING
23
L1SLE\100130.4
1D\CAP
~~
~~
r.
GRANT OF DEDICATION
PIN # 03-0700-001
PIN # 03-07-100-DD2
PREPARED BY AND RETURN TO:
VILLAGE OF PLAINFIELD
24401 WEST LOCKPORT STREET
PLAINFIELD, ILLINOIS 60544
GRANT OF DEDICATION
PIN # 03-07-400-001
PIN # 03-07-100-002
This Dedication Grant is made between ROUSONELOS FAMII.Y PARTNERSHIP,
L.P., an Illinois limited partnership (hereinafter referred to as "Grantor") and the VII.,LAGE OF
PLAINFIELD, a Municipal Corporation (hereinafter referred to as "Grantee").
A. The Grantor is the owner of certain property hereinafter described in paragraph
2./Exhibit "A, B & C" which is attached hereto and made a part hereof.
B. The Grantor wishes to grant and the Grantee wishes to receive a Dedication over,
under, and across the premises hereinafter referred to as "the dedication premises."
NOW THEREFORE, in consideration of an amount of $1.00 (One Dollar), and other
valuable consideration, the receipt and suf~xciency of which are hereby acknowledged, the
following grants, agreements, covenants, and restrictions are hereby made:
1. GRANT OF DEDICATION. Grantor hereby grants, sells and conveys to the
Grantee and its successors or assigns a perpetual dedication in, upon, over and through the below
described premises for future improvements as the Grantee shall install therein.
2. DEDICATION PREMISES. The easement premises for the above~lescribed
easement(s) shall be granted on the following described premises:
LEGAL DESCRIPTION OF DEDICATION PREMISES
Parcel 0004I7ED
The East 60.00 feet of the North half of the Southeast Quarter and the East 60.00 feet of the
South half of the Northeast Quarter, in Section 7, Township 36 North, Range 9 East of the Third
Principal Meridian, in Will County, Illinois.
Said parcel containing 3.653 acres, more or less, of which 2.009 acres, more or less, has been
previously dedicated or used far public highway purposes.
SEE EXHIBIT "A, B & C" WHICH IS ATTACHED HERETO AND MADE PART HEREOF
GRANTOR:
ROUSONELOS FAMILY PARTNERSHIP, L.P.,
an Illinois limited partnership
Martha Rousonelos, General Partner
STATE OF ILLINOIS )
SS
COUNTY OF WILL )
I, the Undersigned, a Notary Public in and for said County, in the state aforesaid, DO HEREBY
CERTIFY that Martha Rousonelos, General Partner of Rousonelos Family Partnership, L.P., an
Illinois limited partnership, personally known to me to be the same person whose zaame is
subscribed to the foregoing instrument appeared before me this day in person and acknowledged
that she signed, sealed and delivered the said instrument as her free and voluntary act, for the
uses and purposes therein set forth.
Given under my hand and notarial seal this ~_ day of
,-,.~ . ~,.~.r,~-,
llnois
Dated: l~/~ / , 2007
LLAGE CLERK
LISLE~102615.1
SD~JEMC
~c~ , 2007.
n, C~'FICIAL SEAL
1..~. ~~ ~~ (Seal) KARYL A HCL~A57R~M
tary Public NOTAf~Y PUBI.iC -STATE OF IILItJOiS
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