HomeMy Public PortalAboutGreenbriar Summary, Staff Report, Annexation Agreement and Graphics for 11-05-18 Village BoardTO: FROM: DATE:
SUBJECT:
REQUEST: I i I I I TIT Ill .... !!! " II I LU i!_ -.-i-•I.... I I •11••··=···· T 111 VILLAGE OF PLAINFIELD
PLAN COMMISSION
KENDRA KUEHLEM, ASSOCIATE PLANNER OCTOBER 31st, 2018 REPORT TO THE PLAN COMMISISON
GREENBRIAR PLANNED UNIT DEVELOPMENT CASE No. 1818-081318.AA.SU.PP
Annexation (Public Hearing), Special Use for Planned Development (Public Hearing), Preliminary Plat Michael P. Collins PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Bill Lamb Cally Larson Larry D. Newton Edward O'Rourke Brian Wojowski LOCATION:
APPLICANT:
South of 143rd Street, East of Steiner Road, North of Route 126
Edward Mattox, Kipling Group, LLC
CURRENT ZONING: Will County A-1
COMP. PLAN: Medium Density Residential (2.1 to 3. 0 du/ac)
DISCUSSION
The applicant is requesting annexation by annexation agreement, a special use for planned development, and preliminary plat of subdivision to permit a residential development on approximately 98 acres south of 143rd Street, east of Steiner Road, and north of Route 126. TheGreenbriar residential development consists of 124 single-family detached dwelling units, 304
attached dwelling units (64 duplex units and 240 apartments) for a total of 428 units, plus 33.5 acres of stormwater management, park and landscape space.
Existing Conditions/Site Context
The subject property is approximately 98 acres and is undeveloped agricultural in Will County.
The proposed development will be developed on two parcels (PINs: 06-03-08-100-003-0000 and 06-03-08-300-020-0000), directly west of the Liberty Grove subdivision. The adjacent land uses,zoning and functional street classifications are as follows:
North: Undeveloped Agricultural (R-1); 143rd Street (Major Arterial)East: Liberty Grove subdivision (R-1) South: Undeveloped Agricultural (Will County A-1); Route 126 (Major Arterial)
West: Steiner Road (Major Collector); Undeveloped Agricultural (Will County A-1) 24401 W. Lockport Street Plainfield, IL 60544 Phone (815) 436-7093 Fax (815) 436-1950 Web www.plainfield-il.org ··.: -n "' ~ 0
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GREENBRIAR PLANNED DEVELOPMENT
ANALYSIS
Annexation
The applicant is seeking a recommendation from the Plan Commission to annex into the Village of Plainfield by annexation agreement. Upon petitioning by the property-owner, the Board of Trustees may choose to annex unincorporated property into the Village if the property is
contiguous to the current municipal boundary and represents a logical extension of the Village’s
boundaries. There will also be a public hearing at that Board meeting.
Staffs submits that the subject parcel is contiguous to the Village’s municipal boundary. The property is within the Village’s planning area as shown on the “Future Land Use Plan” in the
Village’s Comprehensive Plan. The parcel is also within the Village’s Facilities Planning Area
(FPA) with respect to municipal water and sanitary sewer service. Water service is accessible
through Liberty Grove to the east. Staff believes that annexation of the property would be a logical extension of the Village’s boundaries.
Special Use for Planned Development (Public Hearing)
The applicant is proposing a 98-acre mixed-use residential subdivision. After input from the public and Plan Commission, the applicant has revised the proposal. Housing types now include 124 single-family attached homes, 240 Apartments, and 64 age-targeted duplex units (previously
116 single-family, 240 apartments, 114 townhomes). The single-family product is provided in
two areas of the development, Area A and Area B shown on the preliminary plat graphics. The
single-family homes in Area A will be a larger home product, and Area B will feature slightly smaller single-family homes. The applicant is proposing 15 apartment buildings, each with 16 units, for a total of 240 units. The apartment buildings will be two stories tall featuring one and
two bedrooms. Area D has been revised to 64 duplex units on 32 lots, on the west side of the
development. The duplexes will have both ranch and two-story options.
The applicant’s estimated price point of the smaller single-family homes in Area B is around $300,000; bigger single-family homes in Area B over $300,000; and apartment rent starting
around $1,600 and upward per month. Kipling Group is a custom builder that will offer
customizable additions for each home, ensure against monotony, and will also affect the price
point. Kipling will also maintain ownership and manage the apartment complex.
Of the 98 acres, 33.5 acres would be green space and stormwater management, and 7.7 acres of
park. In totality, the Greenbriar proposed development has a total gross density of 4.3 dwelling
units per acre (du/ac), which is inconsistent with the Future Land Use Plan for this area,
identified as Medium density residential, with a density range of 2.1-3.0 du/ac. Staff notes that this gross density calculation incorporates the multifamily area as well; the gross density of
single-family (Area A, B, D) is 2.5 du/ac which is in range with the zoning district. Additionally,
this proposed development does exceed specific criteria for a density bonus of 78 additional units
for a total of 232 units, as show in the table on page 4.
The Planned Development (PD) approach provides the flexibility needed to promote innovative
and creative land development that achieves the community vision outlined in the comprehensive
plan. The applicant is proposing a list of adjustments from the current standards of the Zoning
Code, listed below by each housing area:
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GREENBRIAR PLANNED DEVELOPMENT
Area A- Single Family (bigger) 56 units Proposed Per Code (R-1)
Minimum front setback 25’ 30’
Minimum rear setback 25’ interior, 30’-75’perimeter 30’
Minimum interior side 7.5’, combo of 15’ 7’ or combination of 20’
Minimum corner side 30’ 30’
Minimum lot width 70’ 85’
Minimum lot size 9,000-13,250 sq. ft. 12,000 sq. ft.
Maximum lot coverage 30% 30%
Gross density 2.6 du/ac 2.1- 3.0 du/ac
Width of right-of-way 60’ 66’
Area B- Single Family (smaller)
68 units
Proposed Per Code (R-1)
Minimum front setback 25’ 30’
Minimum rear setback 25’ interior, 30’-60’ perimeter 30’
Minimum interior side 7.5’, combo of 15’ 7’ or combination of 20’
Minimum corner side 30’ 30’
Minimum lot width 60’ 85’
Minimum lot size 7,700-9,840 sq. ft. 12,000 sq. ft.
Maximum lot coverage 30% 30%
Gross density 2.2 du/ac 2.1- 3.0 du/ac
Width of right-of-way 60’ 66’
Area C- Apartments 240 units Proposed Per Code (R-4)
Minimum front setback 30’
Minimum rear setback 30’
Minimum interior side 20’ 7’ or combination of 20’
Minimum corner side 30’
Minimum lot width 95’
Minimum lot size 12,000 sq. ft.
Maximum lot coverage 50%
Dwelling units per building 16 24
Gross density 9.7 du/ac 15 du/ac
Width of right-of-way 24’ curb to curb 66’
Building height 40’ 48’
Area D- Duplex 64-units Proposed Per Code (R-2)
Minimum front setback 30’
Minimum rear setback 75’ perimeter 30’
Minimum interior side 7.5’ 7’ or combination of 20’
Minimum corner side 30’
Minimum lot width 75’ 85’
Minimum lot size 9,375 12,000 sq. ft.
Maximum lot coverage 30% 30%
Gross density 3.0 du/ac 3.15 du/ac
Width of right-of-way 60’ 66’
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GREENBRIAR PLANNED DEVELOPMENT
In exchange for the bulk and density relief identified above, the development commits to exceeding
the Village’s Zoning Code requirements as follows:
• The land plan and proposed housing elevations have been designed in conformance with the
Village’s Design Guidelines for Planned Unit Developments and Residential Design
Guidelines.
• Staff has recommended the applicant designate 24 “key lots” at prominent locations, such as
corner lots, to receive additional architectural enhancements. These are lots 1, 6, 11, 17, 23,
25, 43, 50, 51, 57 in Area A; lots 1, 7, 13, 19, 25, 86, 58, 48, 47, 39, 38, 56 in Area B; and lots
11, 17 and 18 in Area D.
• Additional architectural requirements will be provided for all “through lots” whose rear
elevations back up to or are visible from a public street. 23 “through lots” have been designated
as lots 31, 32, 33, 34, 35, 36, 37, 38 in Area B; and lots 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
28, 29, 30, 31, 32 in Area D.
• The open space percentage and walkability of the site exceeds all requirements.
Bonus density table
Site Area (SF & duplex): 73.3 ac
Base Density (2.1 du/ac) 154
Density Bonus Categories Dwelling
Units (du)
Bonus
Percent
Land Planning/Open Space 23 15%
Dispersed Single Family 8 5%
Private Community Center 8 5%
Best Management Practices 8 5%
Landscape and Streetscape 23 15%
Traditional Architecture 8 5%
Total Staff-Calculated Bonus 78 dwelling units
Total Staff-Proposed Unit Count: 232
Applicant Proposed Unit Count: 188
In order for the Board of Trustees to approve a planned development, the applicant must demonstrate findings of fact based on the specific circumstances of the project. Separately, there are additional findings that must be demonstrated in order to recommend approval of the special
use. Staff outlines the required findings and supporting facts as follows:
a. The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish property values with the neighborhood;
Staff finds that the proposed planned development is compatible with both existing and potential
future land uses in the area and would not be injurious to adjacent properties and property values.
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GREENBRIAR PLANNED DEVELOPMENT
The subject site is designated for residential in the Comprehensive Plan, and would be consistent with the residential use to the immediate east.
b. The establishment of the special use will not impede normal and orderly development and
improvement of the adjacent properties for uses permitted in the subject zoning district;
The proposed development is consistent with the residential use outlined in the Future Land Use
Plan for the area. Staff foresees no negative impacts that would result from approval of the
requested planned development.
The overall proposed density is 4.3 du/ac including the multi-family apartment area of the
development. Excluding the apartments, the gross density is 2.5 du/ac. The single-family unit
count is below the staff proposed max. unit count, in range with the medium density designation. c. The planned development fulfills the objectives of the comprehensive plan and the land use
policies of the Village and presents an innovative and creative approach to the development
of land and living environments;
Staff believes that the proposed plan is a well-designed land plan that provides multiple residential options assisting in diversifying the Village’s housing stock and recreation amenities that conform with the recommendations of the Village’s “Residential Design Guidelines for
Planned Developments”.
d. The proposed land uses fulfill, or can reasonably be expected to fulfill, a need or demand for such uses within the Village;
Staff believes that the variety of single-family and multi-family homes are appropriate, and will
offer desirable housing options to future and existing Plainfield residents. Multi-family housing
options in the Village are limited which is exemplified by the Enclave’s consistent high occupancy rates.
e. The physical design of the planned development efficiently utilizes the land, adequately
provides for transportation and public facilities, and preserves natural features of the site, and that the property is suitable for the proposed purposes and land uses;
Staff believes the proposed land plan utilizes the land efficiently while preserving the natural site (gas easement), providing pedestrian trails, and an adequate street network throughout. Staff
further believes that this site is suitable for the proposed residential planned development.
f. Any exceptions to bulk and density regulations of the underlying zoning shall be solely for the purpose of promoting an efficient and coordinated site plan, no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained
under the bulk and density regulations of this ordinance for buildings developed on separate
zoning lots;
Staff deems that the proposed bulk dimensions and setbacks are appropriate, consistent with
other planned developments in the Village, and will result in no negative impacts to adjacent properties.
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GREENBRIAR PLANNED DEVELOPMENT
g. The planned development meets the requirements and standards of the planned development regulations;
The proposed planned development complies with the requirements of the planned development
section of the zoning code, as set forth herein.
h. Open spaces and recreational facilities are provided;
The proposed project provides 7.7 acres of park sites, pedestrian trails, a community clubhouse and pool, in addition to landscaping and stormwater detention. Staff notes that the applicant will be required to enter into a park dedication and improvement agreement with the Plainfield Park
District.
i. The planned development is compatible with the adjacent properties and the neighborhood,
and along the periphery of the planned development, yards or setbacks shall be provided that
meet or exceed the regulations of the district in which the planned development is located;
Staff submits that the proposed planned development is compatible with adjacent properties. The multi-family lots create a buffer from Steiner road to the single family within the proposed development and Liberty Grove.
j. That the land uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the planned development; and
Staff believes that the multiple housing options proposed are appropriate and consistent with the planned development objectives to create unique and innovative residential developments.
k. That the land uses are not of such a nature, or so located, as to exercise a detrimental influence on the surrounding neighborhood.
Once again, staff submits that the proposed planned development is appropriate and compatible
with adjacent properties. As the single-family portion of the land plan abuts the existing single-
family area and transitions to the multi-family residential near Steiner Road.
Preliminary Plat
A. Land Plan
Site Plan
As previously described, Greenbriar is designed on 98-acres. The plan incorporates a semi-
curvilinear street design with two centrally located park sites (2.7 and 5 acres), and
approximately 25 acres of additional stormwater management and open space. The proposal
includes a total of 124 single-family attached home with lot sizes averaging 11,140 square feet (Area A) and 8,770 square feet (Area B); 15, sixteen-unit apartment buildings; and 64 duplex
units.
Access and Circulation
This project provides two full access points and one right-in/right-out access onto Steiner road
that are in-line with the existing curb cuts. There will also be two connections to existing
Liberty Grove subdivision streets to the east (Presidential Avenue and Liberty Grove
Boulevard). The applicant has added a traffic circle on Presidential avenue as a traffic calming measure.
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GREENBRIAR PLANNED DEVELOPMENT
The semi-curvilinear street network provides access throughout all housing areas of the
development. The applicant has noted that the street networks throughout the apartments will be private roadway.
Greenbriar will feature an eight-foot-wide pedestrian multi-use trail throughout the
Development and along the east side of Steiner Road. Staff has requested the applicant to revert
back to the originally proposed pedestrian trail connection to Liberty Grove, to the southeast.
Five-foot public sidewalks will also be constructed throughout the development.
The proposed plans have been reviewed by the traffic committee and Plainfield Fire Protection
District, and the applicant updated plans to reflect their suggestions.
Elevations The applicant continues to update their portfolio of elevations for the development, but have provided quality preliminary renderings for each housing type, and seeks the input of the Plan
Commission and Village Board. The single-family homes will have four distinct floor plans
(ranch & two-story), each with three unique elevations. These elevations will be offered in
several colors and material types (siding, brick, stone), which staff finds will eliminate the likelihood of monotony. The applicant has also provided elevations for the duplexes which are included.
School and Park Site Obligation
The applicant will work with the school and park districts to produce and agreement for a park
donation, whether cash-in-lieu or land donation. The applicant has noted that they would be
willing to donate the 5-acre park site to the Plainfield Park District.
Engineering / Stormwater Management The Village engineer is reviewing the submitted plan proposal. Engineering approval is not
required during consideration of the zoning entitlements, but is required for platting.
B. Landscape Plan
As a part of the overall site plan, and pedestrian trail plan, the applicant has illustrated the
proposed landscaping. The landscape plan includes parkway trees; landscaping on the boulevards at main entrances; trees and shrubs buffers along the perimeter of the development; extensive landscaping of the naturalized stormwater management areas and common areas;
and landscaped cul-de-sac islands.
CONCLUSION/RECOMMENDATION
In summary, staff believes that the variation of housing designs for the proposed project will
enhance local residential development, efficiently utilize land, and provide Greenbriar residents
with several dynamic amenities. Additionally, staff believes that the proposed project is a logical
extension of the Village’s boundary and supports the proposed annexation. The proposed planned development offers a number of enhancements that exceed the Village’s minimum code requirements in exchange for certain bulk relief sought. The preliminary plat is consistent with
requirements of the subdivision code. Both the annexation and special use requests require a public
hearing and staff welcomes input from the public on the proposed project. In advance of such
public comment and discussion by the Board of Trustees, staff recommends approval. Should the Board of Trustees concur, the following motions are offered for your consideration:
REPORT TO THE BOARD OF TRUSTEES Page #8 of 8 1814-081318.AA.SU.PP 10/10/2018
GREENBRIAR PLANNED DEVELOPMENT
Annexation Agreement
I move we direct the Village Attorney to prepare an ordinance authorizing the execution of an
annexation agreement for the project commonly known as Greenbriar, located near the southeast corner of 143rd Street and Steiner Road (PIN's 06-03-08-100-003-0000 and 06-03-08-300-020-0000).
Annexation
I move we direct the Village Attorney to prepare an ordinance annexing the property commonly known as Greenbriar near the southeast corner of 143rd Street and Steiner Road. Special Use for Planned Development
I move we adopt the findings of fact of Plan Commission as the findings of fact of the Board of
Trustees and, furthermore, direct the Village attorney to draft an ordinance granting approval of the special use for planned development to permit up to 124 single-family detached dwelling units, 240 apartments, and 64 duplex units, subject to the following two (2) stipulations:
1. Compliance with the requirements of the Village Engineer; and 2. Compliance with the requirements of the Plainfield Fire Protection District.
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ANNEXATION AGREEMENT
FOR Greenbriar
Revision Date: ___October 31, 2018_____
THIS ANNEXATION AGREEMENT is entered into this ____ day of __________________,
2018, by and among the Village of Plainfield, an Illinois municipal corporation (hereinafter referred
to as “VILLAGE”), Kipling Group, LLC and Illinois limited liability corporation, its successors
and/or assigns (hereinafter collectively referred to as “DEVELOPER”), and Red Fox Farms, Inc. an Illinois corporation (hereinafter collectively referred to as “OWNER”), for all the property 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 DEVELOPER has entered into a Real Estate Purchase and Sale Agreement
with OWNER to acquire the SUBJECT PROPERTY; and WHEREAS, the SUBJECT PROPERTY is contiguous or may become 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 65 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
adopting this Agreement in the manner provided by law; and
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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. 2. ANNEXATION AND ZONING.
DEVELOPER agrees 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.
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-1 Residential, in phases as DEVELOPER acquires title to each phase.
OWNER and DEVELOPER 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, which is marked Exhibit B, attached hereto and made a part of this
Agreement.
3. PARK AND LIBRARY DISTRICT ANNEXATION. Upon annexation of each phase of the SUBJECT PROPERTY to the VILLAGE, the
DEVELOPER agrees to file petitions to annex the SUBJECT PROPERTY to the Plainfield Township
Park District and the Plainfield Library District.
The DEVELOPER agrees to act in good faith to pursue annexation in phases of 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
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fee schedule attached. If development extends beyond 2008 the fee will be what is in effect at the
time of development of each unit.
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. 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. For 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.
The foregoing shall be modified as set forth in Exhibit C attached hereto.
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 $0.15 per square foot for commercial development. The fee will be paid at the time of building permit issuance.
The foregoing shall be modified as set forth in Exhibit C attached hereto.
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 and
attached hereto. The fee will be paid at the time of building permit issuance. The foregoing shall be modified as set forth in Exhibit C attached hereto.
7. WATER AND SEWER SERVICE.
VILLAGE represents and warrants that the SUBJECT PROPERTY described in Exhibit A is currently within the Facilities Planning Area (“FPA”) 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 VILLAGE. 8. WATER AND SANITARY SEWER FEES.
Connection fees required for connection to the VILLAGE’S sanitary sewer system are as
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established by VILLAGE Ordinance. The minimum connection fees to the VILLAGE’S water
supply system are as follows:
Water Meter size (inches) Water Connection Fee 5/8 $2,760.00
3/4 $2,760.00
1 $3,305.00
1 ½ $3,810.00 2 $4,280.00 3 $4,775.00
4 $5,250.00
6 $6,230.00
All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction permit, upon receipt of required IEPA 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 area 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 IEPA 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 cost per acre of sewer 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 cost 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. The foregoing shall be modified as set forth in Exhibit C attached hereto.
10. RECAPTURE FEES.
VILLAGE represents and warrants that OWNER and DEVELOPER are not subject to any recapture fees for development of the SUBJECT PROPERTY.
VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for
streets, water, sanitary sewer or storm sewer lines constructed by OWNER, which benefit 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
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be solely that of the VILLAGE. Fees are due upon VILLAGE request.
In the event benefiting property subject to recapture is owned by a government agency (e.g., fire protection district, park 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.
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 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. 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.
The foregoing shall be modified as set forth in Exhibit C attached hereto.
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.
The foregoing shall be modified as set forth in Exhibit C attached hereto.
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. The foregoing shall be modified as set forth in Exhibit C attached hereto.
14. VILLAGE BEAUTIFICATION
The DEVELOPER agrees to pay a VILLAGE Beautification fee of $250.00 per unit for future
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beautification projects. The fee is payable upon building permit.
The foregoing shall be modified as set forth in Exhibit C attached hereto. 15. EASEMENTS
The DEVELOPER agrees to dedicate right of way or grant utility easements within thirty
days of written request by the VILLAGE, subject to the reasonable approval of DEVELOPER. 16. ARCHITECTURAL DESIGN PROVISIONS.
The OWNER and DEVELOPER agree to provide a variety of architectural designs and façade
options 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 as set forth on the Preliminary Plat of Annexation attached hereto. The OWNER and DEVELOPER
agree to establish appropriate policies and procedures to provide distinction between surrounding
dwelling units, including front, rear and side elevations, for the purpose of anti-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 as the same may be reasonably modified by DEVELOPER from time to time. This exhibit identifies architecture for all homes including facades for all four sides of each model proposed and materials. The Pattern Book will show a breakdown of the number of
each model used and will identify the separation in the location of each model 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. No other fees, whether provided for by ordinance or otherwise, 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
this Agreement but no others shall be a pre-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.
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20. EXHIBITS.
Any modifications to the VILLAGE’S standard annexation agreement provisions are set forth in the Exhibits to this Agreement. The OWNER, DEVELOPER and VILLAGE agree that
should any conflicts between the Exhibits and the text of this Agreement exist, the provisions of the
Exhibits 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 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
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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 may be 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.
28. 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 provide such notice or demand in writing and shall be deemed duly served if mailed by prepaid registered or certified mail addressed as follows:
If to the VILLAGE:
Michael P. Collins Brian Murphy 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 Tracy, Johnson & Wilson
2801 Black Road, 2nd Floor
Joliet, IL 60435
If to the DEVELOPER: Kipling Group, LLC
Attn: Edward Mattox
1230 W. Jefferson
Shorewood, IL 60404 With copies to:
Larry H. Pachter, Esq.
Pachter, Gregory & Raffaldini, P.C.
100 Village Green, Suite 200 Lincolnshire, IL 60069 Email: larryp@pgr-law.com
If to any owner of record of any real property located within the SUBJECT PROPERTY, or
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the OWNER:
Red Fox Farms, Inc.
Attn: Jan Steiner P.O. Box 1444 Plainfield, IL 60544
Email: jsteiner1920@gmail.com
With copies to: Red Fox Farms, Inc. Attn: Jan Steiner.
1920 Silver Creek Road
Waukon, IA 52172
Polsinelli PC Attn: Keith H. Londo, Esq.
150 North Riverside, Suite 3000
Chicago, IL 60606
Email: klondo@polsinelli.com
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 party hereto or their successors in interest.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written
THE VILLAGE OF PLAINFIELD OWNER:
a Municipal Corporation __________________________________
BY _______________________________ (PRINTED NAME)
Village President
ATTEST: DEVELOPER:
BY _______________________________ BY _______________________________
Village Clerk (PRINTED NAME)
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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 $4826 $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 $2890
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 Bedrooms
Transition Fee By Time Period
1/1/06 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
5+ Bedrooms $1,022 $2,046 $3,068 $4,091
Attached Single-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
Subject Property
Parcel 1:
The Southwest 1/4 of the Northwest 1/4 of Section 8, Township 36 North, Range 9 East of the Third
Principal Meridian, and excepting the parcel of land conveyed to the Village of Plainfield by document number R2005-66843, and also excepting the parcel of land conveyed to the Village of Plainfield by document number R2007-151003, in Will County, Illinois.
Parcel 2:
The West 1/2 of the Southwest 1/4, except the South 567 thereof, in Section 8, Township 36 North, Range 9 East of the Third Principal Meridian, and excepting therefrom the land conveyed to the
Village of Plainfield, Illinois by Special Warranty Deed dated March 23, 2005 and recorded April
22, 2005 as document number R2005-66843, and also excepting that part conveyed to the Village
of Plainfield by document number R2007-151003, in Will County, Illinois. PIN Nos. 06-03-08-100-003-0000 and 06-03-08-300-020-0000
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Exhibit B
Preliminary Plat
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Exhibit C
Addendum to Annexation Agreement
Pursuant to paragraph 20 of the Agreement, the Parties agree to supplement the standard
form Village Annexation Agreement with the following modifications and additions:
ARTICLE I MUTUAL ASSISTANCE
The Parties shall do all things necessary or appropriate to carry out the terms and provisions
of this Agreement and to aid and assist each other in furthering the objectives of this Agreement and the intent of the Parties as reflected by the terms of this Agreement, including, without limitation, the giving of such notices, the holding of such public hearings, and the enactment by VILLAGE of
such resolutions and ordinances, the execution of such permits, applications and agreements and the
taking of such other actions as may be necessary to enable the Parties' compliance with the terms
and provisions of this Agreement and as may be necessary to give effect to the objectives of this Agreement and the intentions of the Parties as reflected by the terms of this Agreement.
ARTICLE II TIMING AND EFFECTIVENESS. DEVELOPER has the right to acquire the SUBJECT PROPERTY in up to four (4) phases,
which phase acquisitions may occur, if at all, over a period of approximately six (6) years.
VILLAGE agrees that the terms of this ANNEXATION AGREEMENT shall apply only to such
parcels of phases of development for which title has been conveyed to DEVELOPER. No annexation zoning charge or other imposition or any portion of the SUBJECT PROPERTY then owned by OWNER, but shall be effective without the prior written consent of OWNER but shall be
effective immediately upon title to such portion of the SUBJECT PROPERTY vesting in
DEVELOPER.
Subject to the foregoing, DEVELOPER is hereby authorized by OWNER to apply for all necessary approvals from VILLAGE and other governmental bodies having jurisdiction over the
SUBJECT PROPERTY with regard to the development of the SUBJECT PROPERTY
ARTICLE III
ZONING APPROVAL
Immediately following annexation of the SUBJECT PROPERTY, the VILLAGE shall pass one or more ordinances to: (a) zone the SUBJECT PROPERTY to the classification necessary pursuant to the Village Zoning Ordinance to allow for DEVELOPER’s intended uses; (b) grant a
special use permit for a planned unit development (PUD) to permit the development of the
SUBJECT PROPERTY as a residential subdivision as set forth herein; (c) grant certain relief from
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the Zoning Ordinance and Subdivision Regulations of the Village Code as set forth on the
Preliminary Plat.
Should any person bring a cause of action (provided, however, that no party shall be required to indemnify any other party for attorneys' fees incurred regarding such cooperation) challenging
the rezoning of the Property as provided in this Agreement, or the development of the SUBJECT
PROPERTY as set forth herein, or both of the foregoing, the Parties agree that they shall fully
cooperate to defend such cause of action. Further, the Parties specifically agree that to the extent such defense proves unsuccessful, VILLAGE shall take such legislative action as then may be lawfully required to cause the Property to be zoned for the purposes herein contemplated.
ARTICLE IV DEVELOPMENT APPROVALS
Immediately upon annexation and zoning of the SUBJECT PROPERTY or as soon as
reasonably practical following the submission of same to the VILLAGE by DEVELOPER, the
VILLAGE shall approve: (i) the Preliminary PUD Plan (the “Preliminary Plat”) set forth on Exhibit B attached hereto and made a part of this Agreement; (ii) the Preliminary Plat of Subdivision ("Preliminary Subdivision Plat"); (iii) the Preliminary Engineering Plan for the Preliminary
Subdivision Plat ("Preliminary Engineering Plan"); (iv) the Preliminary and Final Landscape Plan
("Preliminary/Final Landscape Plan"); (v) the Final Plat of Subdivision for each Phase of the
subdivision ("Final Subdivision Plat"). VILLAGE acknowledges that the Preliminary Plat attached hereto satisfies all VILLAGE requirements for a preliminary plat.
ARTICLE V DEVELOPMENT IMPROVEMENTS A. PRESIDENTIAL AVENUE: DEVELOPER shall construct the extension of
Presidential Avenue along the north boundary of the SUBJECT PROPERTY with a 66-foot right-
of-way, including a five (5) foot concrete sidewalk on the south side of the ROW and one-half of
the roundabout as marked on the Preliminary Plat. VILLAGE will provide for recapture of one-half of the cost of constructing Presidential Avenue from the developer of the property bordering Presidential Avenue to the north, which shall be paid to DEVELOPER in accordance with Section
10 of the Agreement.
B. ROADWAYS: Curb cuts and street alignment shall be as set forth in the Preliminary Plat.
C. OUTLOTS & STORMWATER DETENTION: Any outlots or areas of stormwater
detention located on the SUBJECT PROPERTY shall be graded, seeded and otherwise improved in
a manner fully compliant with the approved engineering plans, landscape plans, VILLAGE code, and any other applicable laws, ordinances and regulations, as the same may be amended from time to time. The DEVELOPER shall be responsible for maintaining such areas including the structures,
pipes and appurtenances to be located on adjacent private property, in compliance with the approved
engineering plans, landscape plans, VILLAGE code, and any other applicable laws, ordinances and
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regulations, as the same may be amended from time to time, until such time as those duties are taken
over by a Homeowners Association.
D. COVENANTS, CONDITIONS AND RESTRICTIONS: The DEVELOPER shall cause to be recorded against the SUBJECT PROPERTY, a Declaration of Covenants, Conditions
and Restrictions to govern the use of the SUBJECT PROPERTY (the "Declaration"). The
Declaration shall be recorded following the recording of the final plat for Phase I of the subdivision.
The Declaration shall establish a "Master Association" which shall be responsible for enforcement of the terms of the Declaration. The Declaration shall, among other things, require the Master Association and/or sub-associations to provide for the perpetual maintenance of all common area
improvements including all outlots, areas of storm detention, on-site storm sewers, drainage ways,
retention/detention facilities, wetlands, other components of drainage. The Master Association shall
also have the responsibility for maintaining all landscaping improvements within the public right-of-way (e.g., landscaping within boulevard entrances, the roundabout, and cul-de-sac islands).
E. VILLAGE APPROVALS: The VILLAGE agrees to use its best efforts to assist
DEVELOPER in obtaining such permits, licenses and approvals from the VILLAGE, including but not limited to final plat and final engineering approvals, as may be required from time to time. The VILLAGE and its outside consultants, if applicable, shall review and provide detailed written
comments to DEVELOPER 's initial final submittal, including the engineering and stormwater
report, application within twenty-one (21) business days of the VILLAGE 's initial receipt from
DEVELOPER. If the initial final submittal is not approved and DEVELOPER revises the submittal to address previously provided review comments, the VILLAGE shall, within 10 business days of any subsequent final submittal, review and provide approvals/permits or written comments detailing
outstanding items.
F. OTHER GOVERNMENTAL APPROVALS: VILLAGE agrees to use its best efforts to assist DEVELOPER in obtaining such permits, licenses and approvals, as may be required from time to time under any and all Federal, State and County laws and regulations.
G. SIGNAGE: VILLAGE shall allow temporary and permanent signage as reasonably
requested by DEVELOPER located on the SUBJECT PROPERTY and within the right of way of
any interior public street upon submission by DEVELOPER of a request therefor. H. SECURITIY; BONDS: Any security reasonably required by the VILLAGE may be
posted by DEVELOPER in phases consistent with the progress of the phasing of the development
of the SUBJECT PROPERTY.
I. CONSTRUCTION WORK: DEVELOPER shall have the right to install temporary stone roads and use generators in the SUBJECT PROPERTY from time to time to facilitate its
development work may be conducted from 7 a.m. to 7 p.m., Monday through Saturday, provided
that it not unreasonably interfere with any neighboring residence. Sunday work hours (7 a.m. to 7
p.m.) may be permitted upon approval of the Village President. J. PARK DONATION. Notwithstanding anything contained in the Agreement to the
contrary, DEVELOPER’s sole responsibility with respect to park donations shall be to contribute
to the Park District the approximate 5-acre Park site shown on the PRELIMINARY PLAT,
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developed at DEVELOPER’s sole cost in accordance with plans prepared by DEVELOPER’s
landscape architect. Any additional park obligation shall be satisfied by payment of fees in lieu of
land donation as set forth in Article VI(A) below and in compliance with a Park Dedication and Improvement Agreement to be executed between DEVELOPER and the Plainfield Park District.
ARTICLE VI FEES Other than as expressly set forth herein, no fees shall be payable by Owner or DEVELOPER
with regard to the development of the SUBJECT PROPERTY, and the amount of the fees set forth
shall not be increased for any unit if a building permit is applied for on or before December 31,
2029. With the exception of direct reimbursable expenses incurred by the VILLAGE, any and all fees payable shall only be due upon the issuance of a building permit for the vertical construction of a residential unit or units upon a lot, and not upon the issuance of any permit for grading or other
underground or above ground earth work. Direct reimbursable expenses, such as engineering review
fees and attorney fees, shall be paid in accordance with VILLAGE ordinance. The obligation of
DEVELOPER for the payment of the fees as required in paragraphs 1-28 of the standard text of this Agreement are hereby amended as follows:
A. PARAGRAPH 4. PARK AND SCHOOL DONATIONS. The DEVELOPER shall
dedicate the park sites as set forth on the Preliminary Plat. The remaining balance of the cash in
lieu requirement, if any, shall be shall be divided over the number of residential lots in the subdivision and paid on a per lot basis at the time of the issuance of a building permit on each such lot. The remaining balance after the improvements are complete and actual costs documented and
provided to the Park District shall be recalculated and divided over the number of residential lots
remaining in the subdivision and paid on a per lot basis at the time of the issuance of a building
permit on each such lot. DEVELOPER shall pay the School Fees as set forth in Exhibit ___ attached hereto at the time of the issuance of a building permit on each lot. If development extends beyond 2029, the School Fees shall be what is in effect at the time of the issuance of a building permit on
each lot.
B. PARAGRAPH 5. DEVELOPER shall pay the Fire Protection District Donation as set forth on Exhibit ___ at the time of the issuance of a building permit on each lot.
C. PARAGRAPH 6. DEVELOPER shall pay the Library Impact Fee as set forth on
Exhibit ___ at the time of the issuance of a building permit on each lot.
D. PARAGRAPH 8. The Water and Sanitary Sewer Fees shall be paid at the rates set forth in this Agreement. The fees shall be paid at time of the issuance of a building permit on each
lot.
E. PARAGRAPH 9. No oversizing of sanitary sewer lines is required for the development of the SUBJECT PROPERTY.
F. Paragraph 11. The Annexation Fee shall be collected in accordance with Resolution
No. 1610, as may be amended from time to time.
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G. PARAGRAPH 12. The DEVELOPER shall pay a Traffic Improvement fee of
$1,000.00 per dwelling unit at time of the issuance of a building permit for each residential lot. H. PARAGRAPH 13. The Municipality Facility Fee shall be collected in accordance
with Resolution No. 1610, as may be amended from time to time.
I. PARAGRAPH 14. The Beautification Fee shall be collected in accordance with Resolution No. 1610, as may be amended from time to time.
J. 143rd Street/Steiner Road Traffic Signal Contribution. DEVELOPER shall pay a fee
in the amount of 25 percent of the estimated cost of installation of a traffic signal at the intersection
of 143rd Street and Steiner Road. The fee shall be paid on a pro-rata basis at time of building permit issuance. The estimated signal cost shall be determined at the time of first final plat approval. For example, if the signal cost is estimated to be $320,000, the cost attributed to the development would
be 25 percent of $320,000 or $80,000. The fee collected at time of building permit issuance would
be the fair share allocation of $80,000 divided by the number of dwelling units in the development
(up to 428), or $187. K. Steiner Road widening contribution. DEVELOPER shall pay $500 per dwelling unit
at the time of building permit issuance as a contribution toward the future widening of Steiner Road.
ARTICLE VII GENERAL PROVISIONS
A. EARLY EARTHWORK: Prior to the approval of any final plan or plat, VILLAGE
agrees to issue demolition, grading and storm sewer installation approvals for the SUBJECT PROPERTY upon proper and complete application therefor. Issuance of such permits is subject to the following terms and conditions:
(i) DEVELOPER shall proceed under this subsection at its own risk. In the event that any
work performed pursuant to this subsection does not comply with final plan or plat approval (including final engineering plans and specifications) or the VILLAGE code, DEVELOPER shall correct such work to come in to compliance. VILLAGE shall not
be obligated to grant any relief for such non-compliance.
(ii) In order to begin outside agency review of the development of the Property, the DEVELOPER has requested that the VILLAGE execute permit applications for the IEPA and County of Will. The VILLAGE shall execute such applications under the
following conditions: (a) such execution shall not be deemed to provide final approval
of the plans being used for the permit submittal and such plans may still be amended
during the final review and approval by the VILLAGE, (b) in the event there are changes that are required to the plans, the DEVELOPER shall make such corrections and the VILLAGE shall not be obligated to grant any relief for non-compliance, and (c) the
DEVELOPER is prohibited from beginning the construction of any of the contemplated
improvements until final subdivision approval by the VILLAGE.
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B. PERMITTING: Provided that the DEVELOPER shall have installed all of the
improvements and otherwise performed all other obligations of this Agreement, the VILLAGE agrees that within twenty-one (21) days after receipt of a complete application for issuance of a building permit, it will either issue such building and other permits as may, from time to time, be
requested by DEVELOPER, its successors and assigns, or issue a Letter of Denial within said period
of time, informing the DEVELOPER, its successors and assigns, as to the specific deficiencies in
the application for permits, plans or specifications. C. ADDRESS CHANGE: The DEVELOPER and any future owners of a lot in the
SUBJECT PROPERTY shall not object to any proceedings requesting an address change by the
United States Postal Service in order to reflect the mailing address of the SUBJECT PROPERTY
as being VILLAGE. In addition, upon request by VILLAGE, the owner of any lot in the SUBJECT PROPERTY shall make a request to the appropriate Postmaster that the delivery service for the property be provided by the Village Branch Post Office. Should any owner fail to take such action
requested by VILLAGE, this Agreement shall serve as consent by such owner for VILLAGE to act
on such owner's behalf in any proceedings regarding such address change.
D. ACCESS FOR CONSTRUCTION TRAFFIC: The VILLAGE shall provide reasonable cooperation in making temporary access available to the SUBJECT PROPERTY for
traffic used in the development and construction of public improvements and buildings on the
SUBJECT PROPERTY. Construction traffic shall be prohibited from utilizing existing streets in
the Liberty Grove subdivision. E. MODEL HOMES, SALES & CONSTRUCTION: The DEVELOPER will submit
to the VILLAGE a plan showing the location of the model homes with related sales offices,
including parking areas, fencing, signage and landscape treatment. The VILLAGE shall promptly
review the plan and shall not require the completion of the roadway or utility installation for Phase 1 of the subdivision prior to the issuance of model home building permits or model home occupancy permits. DEVELOPER shall be permitted to install and operate one (1) construction trailer and
material storage area on the SUBJECT PROPERTY. The DEVELOPER shall have the right to use
the construction trailer and material storage area for the purpose of its construction and sales
activities until construction is completed on the SUBJECT PROPERTY. The DEVELOPER shall be limited to a total of six (6) active model home permits at any one time. Additional model home permits may be issued upon approval by the Village President.
F. MASTER APPROVAL OF BUILDING PLANS FOR DWELLING UNITS: The
VILLAGE hereby approves the design and elevations, including the use of vinyl siding, of the dwelling units set forth on Exhibit ___, attached hereto and made a part of this Agreement. Any changes by DEVELOPER to the design of the units or introduction of new models shall require only
administrative approval of the VILLAGE planning and building departments. At such time as the
VILLAGE has approved building plans for any model or dwelling unit to be constructed on the
SUBJECT PROPERTY (including extras or options), the same shall constitute a "master approval" of the plans for such model. The VILLAGE hereby agrees that the master plan review can commence after this Annexation Agreement is approved by the Corporate Authorities, but prior to
being recorded with the Will County Recorder. Thereafter, the VILLAGE review of any plans for
any model which substantially conforms to the plans for which a master approval has been made
20
shall be limited to such review as may be necessary to determine that there has been no structural
modification from such master plans (including any extras or options contained in the master plans),
and no further review of any such plans shall be required prior to the issuance of a building permit therefor. Individual home plans are still required to be submitted with building permit applications for each lot. Nothing contained herein shall relieve the DEVELOPER from the obligation to pay
permit fees for each dwelling unit for which a building permit is sought. The DEVELOPER shall
provide VILLAGE with sufficient copies of plans for which master approval has been given, for
use in the field as dwelling units are constructed. VILLAGE acknowledges that fire sprinklers and basements shall not be required for approval of plans.
G. The DEVELOPER shall utilize the plan for the placement of dwelling units within
the subdivision set forth on the Preliminary Plat which shall be incorporated into the Declaration
for the SUBJECT PROPERTY. VILLAGE acknowledges the plan satisfies the anti- monotony regulations of the VILLAGE.
H. ACCEPTANCE OF PUBLIC IMPROVEMENTS: Upon completion of any
category of Public Improvement and upon the submission to the VILLAGE of a certificate from the
engineering firm employed by DEVELOPER stating that the said category of Public Improvement has been completed in conformance with this Agreement, the Village Code (as modified by the variances and relief approved by the VILLAGE), the final engineering plans and specifications
relative thereto, any applicable agreements and all State and Federal laws and standards, the Village
Engineer shall, within thirty (30) calendar days after the VILLAGE receives the aforesaid
certification from the DEVELOPER 's engineer, either (i) recommend to the VILLAGE 's corporate authorities commencement of the maintenance period and/or final acceptance, as applicable, of said Public Improvements, or (ii) designate in writing to DEVELOPER all corrections or alterations
which shall be required to obtain a recommendation of final acceptance of said Public Improvement,
specifically citing sections of the final engineering plans and specifications, the Village Code or this
Agreement, any applicable agreement or State or Federal law or standard, relied upon by said Village Engineer. Should the Village Engineer reject any Public Improvement, or any portion or segment thereof, for a recommendation of final acceptance, the DEVELOPER shall cause to be
made to such Public Improvement such corrections or modifications as may be reasonably required
by the Village Engineer. The DEVELOPER shall cause the Public Improvement to be submitted
and resubmitted as herein provided until the Village Engineer shall recommend final acceptance of same to the corporate authorities of the VILLAGE and the corporate authorities shall finally accept same. No Public Improvement shall be deemed to be finally accepted until the corporate authorities
shall, by appropriate resolution, finally accept same.
I. INSURANCE: The DEVELOPER shall furnish the VILLAGE (and name as an additional insured party) with evidence of liability insurance under the following coverages prior to site development activities and agrees to maintain policies providing such coverages in full force
and effect in the same or greater amounts during the pendency of the Project.
a. $2,000,000 - General Liability $2,000,000 - Auto Liability $2,000,000 - Employers Liability
Statutory- Workers Compensation
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Exhibit D
Pattern Book