HomeMy Public PortalAboutOrdinance 1804' .
Qrdinance No. 1~„~.
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AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION
AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND ELDA
ARNHOLD, BYZANTIO, L.L.C., FIRSTAR BANK WEST, N.A., AS TRUSTEE
UNDER TRUST AGREEMENT DATED DECEMBER 29, 197$ AND KNOWN AS
TRUST N0. 7-777, AND OCEAN ATLANTIC WOODLAND CORPORATION.
PIN # ~~ ~~ ~$8-88~; 83-$8-~~0-053, 03-08-200-001, 03-08-300-008
E A an nnexation 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 owners.
WHEREAS, a public hearing was held before the Corporate Authorities of the
Village of Plainfield, after publication of notice, upon the proposed Annexation
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS:
Sec. 1: That the President and Village Clerk are hereby authorized and directed
to execute the aforesaid Annexation Agreement 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That all ordinances or parts thereof in conflict herewith are hereby repealed.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.
PASSED THIS 17 ,,.._,,.._ DAY OF ~t~~~~t 1998.
AYES: Rathbun, Stalzer, Smolich, Darnell, Rack.
NAYS: O' Connell , Dement .
ABSENT: 0
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APPROVED THIS ~_ DAY OF August 1998.
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RECORDING DATE: `~
DOCUMENT NO.:
VILLAG~iCLERK
Prepared by/Return to:
VILLAGE OF PLAINFIELD
23145 W. Lincoln Highway
Plainfield, IL 60544
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9/1/98
ANNEXATION AGREEMENT
OCEAN ATLANTIC WOODLAND CORPORATION
FARMINGTON VILLAGE
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THIS ANNEXATION AGREEMENT is entered into this ~ 7 day of ,
1.998, by and between the VILLAGE OF PLAINFIELD, an Illinois municipal corporation,
(hereinafter referred to as "VILLAGE"), and ELDA ARNHOLD, BYZANTIO, L.L.C. and
~xcu~P~-~c;y~ ~:~,~~W,~~ ~~, ~A~l-iED NERE7'0 ,F~RSTI~R ~~6`~~~ f~~. ti~i~, ~~,'ic~~
FIRSTAR BAN~~I'~.' ~ ;`~~ `'~Y'tSt~e under Trust Agreement dated December 29, 1978 and
known as Trust No. 7-777, (hereinafter referred to as "OWNERS"), and OCEAN ATLANTIC
WOODLAND CORPORATION, a Virginia Corporation, (hereinafter referred to as
"DEVELOPER"), for all the property described in the Plat of Annexation marked Exhibit A,
attached hereto.
I T N_E S ~ E_T1is_
WHEREAS, the VILLAGE is an Illinois municipal corporation; and,
WHEREAS, the OWNERS are the owners of record of the real property legally described
in Exhibit "A", (said property referred to herein as the "SUBJECT PROPERTY"), the Plat of
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Annexation, 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 with the corporate limits of the
VILLAGE; and
WHEREAS, it is the intention of the parties that the annexation of the SUBJECT
PROPERTY to the VILLAGE be upon the terms and conditions of this Agreement; and
WHEREAS, in accordance with 6SILCS S/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
adopting this Agreement in the manner provided by law; and
WHEREAS, the adoption and approval of this Agreement is an exercise of the powers
vested in the VILLAGE by the Illinois Compiled Statutes.
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.
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2. ANNEXATION AND ZONING.
Within thirty (30) days after the execution of this Agreement, the VILLAGE agrees 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-1 Low Density Single-Family
Residence District.
OWNERS agree within seven (7) days after the execution of this Agreement to file
properly executed petitions for annexing and zoning said premises, if said petitions have not
already been filed.
OWNERS agree that the Subject Property shall be developed in accordance with the
ordinances of the VILLAGE, as approved or subsequently amended, and agree to follow all of the
policies and procedures of the VILLAGE in connection with such development except as modified
in this Agreement and shall develop the Subject Property in accordance with the Preliminary Plat,
prepared by The Lannert Group dated 7/29/98, which is marked Exhibit B, and the Preliminary
Landscape Plan prepared by The Lannert Group dated 4/20/98 marked Exhibit B~1., attached
hereto and made a part of this Agreement.
3. PARK AND LIBRARY DISTRICT ANNEXATION.
Upon annexation of the Subject Property to the VILLAGE, the OWNER agrees to file
petitions to annex the Subject Property to the Plainfield Park District and the Plainfield Library
District.
The OWNERS agree to annex the SUBJECT PROPERTY to the Plainfield Township Park
District and Plainfield Public Library District within thirty (30) days of contiguity with the
Districts.
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4. PARK AND SCHOOL DONATIONS.
The OWNERS agree to comply with the Village Ordinance on land/cash donations for park
and school sites. The OWNERS agree to pay the applicable contribution per unit at the time of
the building permit issuance.
5. LIBRARY IMPACT FEE.
The OWNERS agree to pay the applicable contribution per unit, as set forth in the
intergovernmental agreement between the VILLAGE and the Plainfield Library District. The fee
will be paid at the time of building permit issuance.
6. WATER AND SEWER SERVICE
VILLAGE represents and warrants that 283.46 acres of the SUBJECT PROPERTY
described in Exhibit A is currently within the FPA (Facilities Planning Area) of the VILLAGE.
7. WATER AND SANITARY SEWER FEES.
Connection fees required for connection to the VILLAGE'S sanitary sewer and water
supply system are $1,700.00 for water (3/4 and 5/8 inch meters, higher fees apply to larger meter
sizes) and sewer fees are $S70 per Population Equivalent ($1,995.00 per residential single family
detached unit ~ 3.5 P.E.) and shall be payable at the time of issuance of building permit. The
applicable fees for water meters are as established by Village Ordinance and the Population
Equivalent shall be as verified by the Village Engineer.
S. RECAPTURE FEES.
Upon development, OWNER 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 65 ILCS 5/9-5-1.
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VILLAGE agrees to adopt any necessary ordinances to provide far recapture to OWNER
for streets, water, sanitary sewer or storm sewer lines constructed by OWNER, which benefit
other properties by the installation and/or oversizing of said improvements. Such recapture
ordinances shall only be adapted upon satisfactory demonstration by the OWNERS that the
recapture is fair and equitable and that provision of notice of the proposed recapture fees is
provided to affected property owners. The determination that a proposed recapture is fair and
equitable shall be solely that of the Village.
Any recapture ordinances shall be for the term of this agreement with 4% interest payable
to the OWNER commencing two (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.
9. ANNEXATION FEES.
OWNER agrees to pay an annexation fee to the VILLAGE of $2,000.00 per grass
residential acre and $3,500.00 per gross commercial acre, payable at time of issuance of building
permit.
10. FORESTATION.
OWNER will provided one (1) parkway tree for each interior lot and three (3) parkway
trees for each corner lot. All parkway trees shall be a 2'/z inch minimum caliper measured 2'/z
feet from the ground. At least 2 additional private trees will be provided on each lot no less than
2 inch diameter. Commercial properties require the submittal of a complete landscape plan and
site plan approval.
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11. VARIANCES.
Variances will be necessary to develop the property. (They are described in attachment
Exhibit C).
12. 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 Property. Payment 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 OWNERS under this Agreement .
13. 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. In the case of the OWNERS, any Amendment shall be attached hereto as Exhibit
D. Modifications subsequent to this Agreement's adoption shall require a public hearing and
procedures consistent with law.
14. EXHIBIT C.
Any modifications to the VILLAGE'S standard annexation agreement provisions
are set forth in Exhibit C. OWNERS and VILLAGE agree that should any conflicts between
Exhibit C and the text of this agreement exist the provisions of the text shall supersede those of
Exhibit C.
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15. 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.
16. 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 OWNERS and their grantees, lessees, assigns, successors and
heirs.
17. 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.
18. SEVERABILITY.
If any provision, covenant, agreement or portion of this Agreement or its application to any
29972/2
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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, this Agreement are
declared to be severable.
19. EFFECT OF THIS AGREEMENT.
The provisions of this Agreement shall supersede the provisions of any ordinances, codes,
policies or regulations of the VILLAGE which may be in conflict with the provisions of this
Agreement.
20. 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.
21. NOTICE.
Any notice or demand hereunder from one party to another party or to an assignee or
successor in interest of either party or from an assignee or successor in interest of either party to
another party, or between assignees or successors in interest, either party shall be in writing and
shall be deemed duly served if mailed by prepaid registered or certified mail addressed as follows:
If to the VILLAGE:
Richard A. ock, Village President
Village of Plainfield
23145 W. Lincoln Highway
Plainfield, IL 60544
with copy to:
James B. Harvey, Village Attorney
McKeown, Fitzgerald, Zollner, Buck, Hutchison & Ruttle
2455 Glenwood Avenue
Joliet, Illinois 60435
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and to:
Terry L. Burghard, Village Administrator
Village of Plainfield
23145 W. Lincoln Highway
Plainfield, IL 60544
If to any owner of record of any real property located within the Subject Property, and to
the DEVELOPER:
Owner: Elda Arnhold
c/o Edward F. Petka, Esq.
501 N. Division St., 2nd Floor
P.O. Box 68
Plainfield, IL 60544
with copy to:
Edward F. Petka, Esq.
501 N. Division St., 2nd Flaar
P.O. BOX 6$
Plainfield, IL 60544
Owner: Byzantio, L.L.C.
c/o Bob Schenk, Esq.
Schenk, Duffy, McNamara, Phelan, Carey & Ford, Ltd.
Chicago Jefferson Building
58 North Chicago St.
Joliet, IL 60432-4439
with copy to:
Bob Schenk, Esq.
Schenk, Duffy, McNamara, Phelan, Carey & Ford, Ltd.
Chicago Jefferson Building
58 North Chicago St.
Joliet, IL 60432-4439
Developer: Ocean Atlantic
1800 Diagonal Road
Suite 425
Alexandria, VA 22314
Attn: Michael Ferraguto
29972/2 ./~
with copy to:
John F. Philipchuck, Esq.
Dommermuth, Brestal, Cobine and West, Ltd.
123 Water Street
Naperville, IL 60566-0565
or to such address as any party hereto or an assignee or successor in interest of a party hereto may
from time to time designate by notice to the other parties hereto or their successors in interest.
22. COUNTERPARTS
This Agreement maybe executed in two or more counterparts, each of which, taken together,
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year
first written above.
VILLAGE OF PLAINFIELD, an
Illinois municipal corporation
By:
Village President
Attest
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By;
Village Clerk ,
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DEVELOPER:
OCEAN ATLANTIC WOODLAND CORPORATION,
a Virginia Corporation
By:
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OWNERS:
ELDA ARNHOLD
By:
Attest:
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OWNERS:
BYZANTIO, L.L.C.
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OWNERS: ~16~5`~.~;m-~ ~~`,~~ir'~ I~._L~~~~~5, f1k~~
FIRSTAR BANK WEST, N.A., as
Trustee under Trust Agreement dated
December 29, 197$ and known as
Trust No. 7-7777
EXCULPATORY CLAI.lSr ATTACF1Eb HCR~'i t7
AND i~1Af~C A ~F~; i~~ Hof=yEOF
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LAN ~'~;~::~~~.~_ ,q; _.,.r
Attest:
LA(~D~ UST 0 I~~'
Prepared by
John F. Philipchuck
Dommermuth, Brestal, Cobine and West, Ltd.
123 Water Street
Naperville, Illinois 60566-0565
630-355-5800
29972/2
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TRUSTEE EXONERATION ATTACHED T0: ANNEXATION AGREEMENT
This document is executed by FIRSTAR BANK ILLINOIS, not personally but as Trustee, as aforesaid, in the exercise
of power and authority conferred upon and vested in said Trustee as such and it is expressly understood and agreed
that nothing in said document contained shall be construed as creating any liability on said Trustee personally to pay
any indebtedness accruing thereunder, or to perform any covenants, either expressed or implied, including but not
limited to warranties, indemnifications, and hold harmless representations in said document (all such liability if any,
being expressly waived by the parties hereto and their respective successors and assigns) and that so far as said
Trustee is concerned, the owner of any indebtedness or right accruing under said document shall look solely to the
premises described therein for the payment or enforcement thereof, it being understood that said Trustee merely
holds legal title to the premises described therein and has no control over the management thereof or the income
therefrom, and has no knowledge respecting any factual matter with respect to said premises, except as represented
to it by the beneficiary or beneficiaries of said trust. In event of conflict between the terms of this rider and of the
agreement to which it is attached, on any questions of apparent liability or obligation resting upon said trustee, the
provisions of this rider shall be controlling.
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PLAT L7F ANNEXATIf~N
TD THE VILLAGE OF PLAINFIELD
OF
PART QF SECTCII & TCAME$IIIP !6 NORTH, RAMC[ s, LAST YV.lISSISBY P,I,N. OS-fM-400-004
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03-08-200-001
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03-08-10p-004
03-08-s00-008
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5:\P\98D8\98080004.dwg Tue Aug 25 08:50:43 1998 Pltltted by The Lannert Group at Workstation 14
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25108/3
EXHI
PA ANDS OOL DONATI_~:
The Park Site dedication of 27.95 acres as spawn on the preliminary plan, fully satisfies any
and all obligations far Park land/cash requirements for the Subject Property.
The School Site dedication of 16.52 acres is hereby accepted as fully satisfying the Village's
School contribution for the Subject Property based upon all three bedroom homes. In the
event that four or five bedroom homes are constructed, the builder shall pay the difference
to the School District prior to receiving a building permit.
The stormwater retention requirements for the proposed school site will be satisfied and
constructed by the Developer in the stormwater detention facility in the proposed park site.
Additionally, the Developer shall construct a building pad for cone-story, non-basement
elementary school building, subject to all approvals for the development of the Subject
Property having been granted.
The Owner shall convey the Park sites and School site to the Village after inspection by and
the approval of the sites by the Village, which approval shall not be unreasonably withheld.
WATER AND SEWER:
Village agrees to guarantee that all water and sanitary sewer connections will be available
to Developer during the project so long as the Developer prepays for all said connections.
At any time during said development, Developer has the right to prepay any portion of the
water and sanitary sewer connections. Said payment shall guarantee service and capacity for
said remaining connections for the term of this Agreement.
ANN XATION FEES'
Owner agrees to pay an annexation fee to the Village of $1,750.00 per net acre of land for
residentially used property. There shall be no commercial fee in that there is no commercial
property included herein. The area in perimeter roads, school site and park/recreatianal land
shall not be included in calculating the net developable acres. No other impact,
development, transition or any other similar type fee shall be charged for the development
of the Subject property. Existing connection and other existing user type fees shall remain
applicable. Annexation fees shall be paid on a pro rata basis with each residential building
permit.
ROAp~A-v~:
Owner and Developer shall participate in the following perimeter street improvements as
follows:
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Owner shall transfer, at no cost to the Illinois Department of Transportation up to 50' of
property north of the existing center line of the existing right-of--way at such time as
requested by the Department.
143rd Str4~:
Owner shall dedicate at no cast to the Village, up to 50' ofright-af--way south of the northerly
property line together with an additiona120' non-exclusive public utility, drainage, roadway
and landscaping easement. Village shall be responsible for acquiring adequate additional
right-of--way earth of the aforementioned property line to accommodate future roadway
improvements. Developer shall construct within said right-af--way, a 3T back-to-back of
curb street. Village shall require land owners opposite of and adjacent to said roadway
improvement to reimburse Developer for one-half of the cost incurred in constructing said
roadway improvement, including engineering fees. Interest shall accrue as set forth in
Paragraph 8 of the Agreement.
S. TRAFFIC SIGNAL ~:
The parties acknowledge that the revised Traffic Impact Analysis prepared by the Metro
Transportation Group, Inc., dated April 1998, concludes that the site generated traffic can be
accommodated without the need for on-site or off-site traffic signals.
The above notwithstanding, the Developer agrees to pay to the Village $50,000.00 toward
the cost of any future signalization deemed necessary by the State of Illinois and/or the
Village to accommodate site generated traffic. Said funds shall be payable on a pro rata basis
at the time of issuance of building permits for the first 350 single family horues.
6. LAT APP L•
Final plats may be presented to the Village for its approval in stages or phases of
development, as determined by the Developer. Pursuant to the Preliminary ,plat the Village
hereby grants variations to the Village Subdivision Code and Zoning Ordinance in order to
allow the Developer to develop the single-family lots pursuant to the Planning Area Chart
set forth on the preliminary plat, Exhibit B. In those instances where the proposed sideyarcl
setback is less than 10', the additional front yard/foundation landscaping plantings shall be
required:
Front Yard/Foundatian Landscaping
(only if side yards are less than 10')
25108/3
~~
1 Shade Tree, 2 %" (or)
Evergreen Tree, 6' (or)
Ornamental Tree, 6'
5 Deciduous Shrubs, 30" - 36" (or)
Evergreen Shrubs, 30" - 36"
*20 Deciduous Shrubs, 18" - 24"
* 15 Evergreen Shrubs, 18" - 24"
* The exact mix can vary per individual home. A minimum of 2 varieties should be
used for deciduous and evergreen shrubs.
~. MO EL HOMES'
The Village agrees to permit Developer to construct, maintain and utilize as model sales
units, single-family homes on lots within the Subject Property. Developer shall be allowed
up to 14 model homes in each unit of the subdivision. Model home permits shall be issued
if requested prior to final plat approval but after final engineering approval and construction
of a gravel roadway to said models.
$. RESIDENTIAL STREETS:
All minor residential streets within the Subject Property shall be built within a 60' right-of
way and constructed at a 28' back-to-back of curb pavement width. No letters of credit or
other security shall be required for sidewalks, parkway or private property trees, seeding or
restoration. Village agrees to accept a bond by the homebuilder in lieu of tree planting
and/or sidewalk construction from November 1 to May 1. Landscape islands shall be
permitted within cul-de-sac bulbs.
~. PEDES RIAN PAT SAND SIDEWALKS:
An 8' asphalt path shall be constructed along Raute 126 and 143rd Street by the Developer.
A crushed limestone pathway may be installed in and around the park site.
Developer shall provide temporary gravel walkways on Meadow Lane and "K" Street to
connect vacant lots with the developed sidewalk system to provide continuity to the school
site upan the opening of the elementary school. Sidewalk costs shall not be incorporated into
the letter of credit for public improvements.
If, after three (3) years of final plat recording, the Village gives notice to the lot owners and
Homeowner's Association that a lack of continuity in sidewalk exists, the owners have six
(6) months to complete the installation of said sidewalks.
25108/3
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10. VATE AnTTATrC CENTER:
Developer intends to start construction on the private aquatic center in conjunction with
Unit One, but in any event, shall start construction by completion of the second unit of
development, if not already in progress.
Completion shall be guaranteed prior to the issuance of the 250th building permit in the
subdivision, subject to normal construction delays and the regulatory review process.
11. Interim ij~c:
Interim uses set forth below shall be permitted anywhere on the Subject Property during the
term of this Agreement.
A. All types of farming.
B. Borrow pits.
C. Parking lots.
D. Stock piling of dirt, also removal and or sale of dirt, clay, gravel or other construction
materials.
E. Temporary detention.
12. House Sizes
Developer agrees that the minimum house size for aone-story harne shall be 1,800 square
feet and 2,000 square feet far multi-story homes. Each home shall have at a minimum, a 2-
car attached garage served with a minimum of an 18' wide driveway.
13. Covenants•
Developer agrees to impose covenants, conditions and restrictions relating to facade
materials, accessory structures and other building restrictions at the time of final plat
submittal for each unit. Further, Developer agrees to follow the proposed anti-monotony
ordinance of the Village so long as said ordinance applies throughout the Village.
14. EFFECT OF THIS AGREEMENT.
If any pertinent existing resolutions or ordinances, ar interpretations thereof, of the
VILLAGE be in any way inconsistent or in conflict with any provisions hereof, then the
provisions of this Agreement shall supersede the terms of said inconsistent ordinances ar
resolutions or interpretations thereof as they may relate to the Subject Property.
If, during the term of this Agreement, any existing, amended, modified or new ordinances,
codes or regulations affecting the zoning, subdivision, development, construction of
25108/3
~~
improvements, building or appurtenances, or any other development of any kind or character
upon the Subject Property, are amended ar modified in a manner to impose less restrictive
requirements on development af, or construction upon, properties within the VILLAGE, then
the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS
and DEVELOPER may elect to proceed with respect to the development of, or construction
upon, the Subject Property upon the less restrictive amendment or modification applicable
generally to all properties within the VILLAGE.
1 S. E IAL S ICE SA
Owners 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, swimming facility, and entrance signage within the Subject Property.
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25108/3
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