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HomeMy Public PortalAboutOrdinance 3582R2022089579 Ordinance No. 3582 KAREN A. STUKEL WILL COUNTY RECORDER RECORDED ON 12/29/2022 02:12:21 PM REC FEE: 41.00 IL RENTAL HSNG: PAGES: 54 ]AD AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AND DEVELOPMENT AGREEMENT FOR WILD HORSE KNOLL BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND CAYCO ENTERPRISES, LLC PIN #'s: 07-01-29-200-023-0010 and 07-01-29-200-019-0010 WHEREAS, an Annexation and Development Agreement, a true and exact copy of which is attached hereto as Exhibit "A", and by reference thereto incorporated herein, has been submitted to the Corporate Authorities of the Village of Plainfield by the Owner; and WHEREAS, a public hearing was held before the Corporate Authorities of the Village of Plainfield, after publication of notice, upon the proposed Annexation and Development Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS AS FOLLOWS: Section 1: Recitals — The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein. Section 2: Approval — That the President and Village Clerk are hereby authorized and directed to execute the aforesaid Annexation and Development Agreement for and on behalf of the Village of Plainfield, Illinois. Section 3: Conditions — That said Annexation and Development Agreement shall be subject to the following conditions: 1. Compliance with the requirements of the Village Engineer; and 2. Compliance with the requirements of the Plainfield Fire Protection District. Section 4: Severability — The various portions of this Ordinance are hereby expressly declared to be severable, and the invalidity of any such portion of this Ordinance shall not affect the validity of any other portion of this Ordinance, which shall be enforced to the fullest extent possible. Section 5: Repealer — All Ordinances or portions of Ordinances previously passed or adopted by the Village of Plainfield that conflict with or are inconsistent with the provisions of this Ordinance are hereby repealed. Section 6: Effective Date - This Ordinance shall be in effect upon its passage and approval as provided by law. PASSED THIS 19TH DAY OF DECEMBER, 2022. AYES: Ruane, Wojowski, Benton, Kalkanis, Larson NAYS: None ABSENT: Calkins APPROVED THIS 19TH DAY OF DECEMBER, 2022. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK PREPARED BY AND RETURN TO: VILLAGE OF PLAINFIELD 24401 W. LOCKPORT STREET PLAINFIELD, IL 60544 ATTN: VILLAGE CLERK LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, ON THE NORTH LINE OF SAID NORTHEAST QUARTER, 884.95 FEET TO THE WEST LINE OF THE EAST 450.00 FEET OF SAID WEST HALF; THENCE SOUTH 00 DEGREES 04 MINUTES 53 SECONDS WEST, ON SAID WEST LINE, 310.01 FEET TO THE SOUTH LINE OF THE NORTH 310.00 FEET OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, ON SAID SOUTH LINE, 450.02 FEET TO THE EAST LINE OF SAID WEST HALF; THENCE SOUTH 00 DEGREES 04 MINUTES 53 SECONDS WEST, ON SAID EAST LINE, 846.53 FEET TO THE NORTH LINE OF THE SOUTH 1490.35 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 24 MINUTES 58 SECONDS WEST, ON SAID NORTH LINE, 441.45 FEET TO THE EAST LINE OF THE WEST 891.76 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 18 SECONDS EAST ON SAID EAST LINE, 346.71 FEET TO THE SOUTH LINE OF THE NORTH 810.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID SOUTH LINE, 172.39 FEET TO THE EAST LINE OF THE WEST 719.78 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 17 SECONDS EAST, ON SAID EAST LINE, 399.95 FEET TO THE NORTH LINE OF SOUTH 400.00 FEET OF THE NORTH 810.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID NORTH LINE, 552.98 FEET TO THE EAST LINE OF THE WEST 163.00 FEET OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 17 SECONDS WEST, ON SAID EAST LINE, 153.00 FEET TO THE SOUTH LINE OF THE NORTH 563.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID SOUTH LINE, 166.00 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 17 SECONDS EAST, ON SAID WEST LINE, 563.03 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER AND TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, ANY PART THEREOF, PREVIOUSLY ANNEXED, IN WILL COUNTY, ILLINOIS SAID PARCEL CONTAINING 19.102 ACRES, MORE OR LESS. PIN: 07-01-29-200-023-0010 07-01-29-200-019-0010 EXHIBIT "A" Annexation and Development Agreement for Wild Horse Knoll Ilp___...Il'' litII= MR 'ill' [rim .1. ■1• I 1 1"11.UIIIMI'1' 1 111 VILLAGE OF PLAINFIELD ANNEXATION AND DEVELOPMENT AGREEMENT FOR WILD HORSE KNOLL THIS ANNEXATION AGREEMENT is entered into this I day of tarn&' r' , 2022, by and between the Village of Plainfield, an Illinois municipal corporation (hereinafter referred to as "VILLAGE"), and Cayco Enterprises, LLC (hereinafter collectively referred to as "OWNER"), and Cayco Enterprises, LLC (hereinafter referred to as "DEVELOPER") 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- 1" (said property, together with certain other real property hereinafter defined, and legally described in Exhibit "A-2", is 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, that portion of the SUBJECT PROPERTY legally described in Exhibit "A-1" 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 and development of that part of the SUBJECT PROPERTY described in Exhibit "A-1" to the VILLAGE be upon the terms and conditions of this Agreement, and that the development of that part of the SUBJECT PROPERTY described in Exhibit "A-2" likewise shall 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 WHEREAS, the adoption and approval of this Agreement is an exercise of the powers vested in the VILLAGE by the Illinois Compiled Statutes. WHEREAS, the SUBJECT PROPERTY shall also be deemed to include that real property legally described in Exhibit "A-1", which property is presently already incorporated into the corporate limits of the Village, it being the intention of the parties that this Agreement is intended to apply to the use and development of all of the SUBJECT PROPERTY as described in both Exhibit "A-1" and Exhibit "A-2".NOW, THEREFORE, in consideration of the premises and of the mutual covenants and Agreements herein contained, it is hereby agreed as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The foregoing recitals are hereby incorporated into the body of this Agreement as if fully set forth and repeated herein. Any exhibit referred to in this Agreement and attached hereto shall also be considered incorporated herein by express reference. 2. ANNEXATION AND ZONING. OWNER agrees within seven (7) days after the execution of this Agreement to file properly executed petitions for annexing and zoning said premises, 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 Low Density Single -Family Residential District. 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 the SUBJECT PROPERTY to the VILLAGE, the OWNER agrees to file petitions to annex the SUBJECT PROPERTY to the Plainfield Township Park District and the Plainfield Library District. The OWNER agrees to annex the SUBJECT PROPERTY to the Plainfield Township Park District and Plainfield Public Library District with thirty (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. The DEVELOPER agrees to pay all fees identified in the School Facility Impact Fee schedule and School Transition Fee schedule attached. A letter from the School District confirming acceptance of the proposed fees and timing of payment is included as Exhibit "D". The DEVELOPER shall be required to enter into a Park Dedication and Improvement Agreement with the Park District to formalize the terms of meeting the park obligation for development of the SUBJECT PROPERTY. A letter from the Park District outlining the general terms of how the park obligation will be met is included as Exhibit "E". The OWNER and DEVELOPER agree to pay a fee at building permit set by the junior college within which district the development occurs and approved by the VILLAGE. 5. FIRE PROTECTION DISTRICT DONATION. The OWNER and DEVELOPER agree to pay $1,000.00 contribution per residential unit to the Fire Protection District in which the unit is located and $0.15 per square foot for commercial development. The fee will be paid at the time of building permit issuance. 6. LIBRARY IMPACT FEE. The OWNER and DEVELOPER agree to pay the applicable contribution per unit, as set forth in the inter -governmental Agreement between the VILLAGE and the Plainfield Library District and/or Oswego Library District, as applicable. The fee will be paid at the time of building permit issuance. 7. WATER AND SEWER SERVICE. VILLAGE represents and warrants that the 24.87 acres of the SUBJECT PROPERTY described in Exhibit A is currently within the FPA (Facilities Planning Area) of the VILLAGE or if not presently in the FPA, the VILLAGE will submit all required applications to include the SUBJECT PROPERTY into the VILLAGE's FPA. All application and associated costs to amend the FPA shall be the responsibility of the DEVELOPER. 8. WATER AND SANITARY SEWER FEES. Connection fees required for connection to the VILLAGE's sanitary sewer system are as established by Village Ordinance. The minimum connection fees to the VILLAGE's water supply system are as follows: Water Meter size (inches) Water Connection Fee 1 $3,305.00 1 % $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. 10. RECAPTURE FEES. Upon development, OWNER or DEVELOPER shall be obligated to pay any recapture fees as applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways, traffic signals or improvements or any other improvements as set forth in 65 ILCS 5/9-5-1. 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 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 two percent (2%) 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 (110%) of the estimated costs per the approved engineer's opinion of probable construction costs (EOPC). Any increase in cost of more than 5 percent (5%) of the EOPC (but in no event more than 10 percent (10%) 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 $2,000.00 per dwelling unit for any residential development. or $4,000.00 per gross acre for commercial development, payable at the time of final plat or if no platting is necessary, prior to building permit issuance. This fee shall be set at this rate for a period of five (5) years following execution of this Agreement, after which time the fee shall be as set by Village policy per adopted Resolution then in effect. 12. TRAFFIC IMPROVEMENT FEE. The OWNER and DEVELOPER agrees to pay a traffic improvement fee to the VILLAGE of $1,500.00 per unit of residential development. Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building permit issuance. This fee shall be set at this rate for a period of five (5) years following execution of this Agreement, after which time the fee shall be as set by Village policy per adopted Resolution then in effect. 13. MUNICIPAL FACILITY FEE. The OWNER and DEVELOPER agrees to pay $1,500.00 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 issuance. This fee shall be set at this rate for a period of five (5) years following execution of this Agreement, after which time the fee shall be as set by Village policy per adopted Resolution then in effect. 14. MULTI -MODAL FEE. The DEVELOPER agrees to pay a fee of $250.00 per dwelling unit to help fund regional, non - vehicular transportation and recreation improvements, such as multi -use path connections and extensions. Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building permit issuance. This fee shall be set at this rate for a period of five (5) years following execution of this Agreement, after which time the fee shall be as set by Village policy per adopted Resolution then in effect. 15. EMERGENCY SERVICES FEE. The DEVELOPER agrees to pay a fee of $50.00 per dwelling unit to help fund emergency service infrastructure, such as tornado sirens and traffic signal emergency pre-emption devices. Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building permit issuance. This fee shall be set at this rate for a period of five (5) years following execution of this Agreement, after which time the fee shall be as set by Village policy per adopted Resolution then in effect. 16. EASEMENTS. The OWNER agrees to dedicate right-of-way or grant utility easements within thirty (30) days of written request by the VILLAGE. 17. SIDEWALKS AND PARKWAY TREES. The VILLAGE may require the OWNER to install sidewalks and parkway trees on any platted lot upon notice by the VILLAGE after a period of two (2) years from the date of recording of the final plat which includes that lot. The VILLAGE may also require installation of sidewalks and parkway trees on any platted lot that is consolidated with an adjacent lot. 18. ARCHITECTURAL DESIGN PROVISIONS. The OWNER and DEVELOPER agree to provide a variety of architectural designs for residential dwelling units for the purpose of discouraging excessive similarity between units, including but not limited to single family, duplexes, and multi -family developments. The OWNER and DEVELOPER 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 design criteria and anti -monotony controls established herein. 19. 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). 20. MISCELLANEOUS FEES. All other fees provided for by ordinance and uniformly applied and collected in connection with the development of the property within the corporate limits of Plainfield, except as otherwise specified in this Agreement shall be applicable to the subject realty. 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 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. 21. 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. 22. EXHIBIT C. Any modifications to the VILLAGE'S standard Annexation Agreement provisions are set forth in Exhibit C. The OWNER, DEVELOPER and VILLAGE agree that should any conflicts between Exhibit C and the text of this Agreement exist, the provisions of Exhibit C shall supersede those of this text. 23. 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 Homeowners' 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. 24. 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. 25. 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. 26. 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. 27. SEVERABILITY. If any provision, covenant, Agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provision, covenants, Agreement or portions of this Agreement, and this Agreement is declared to be severable. 28. 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. 29. 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. 30. 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: John F. Argoudelis Village President 24401 W. Lockport Street Plainfield, IL 60544 With copies to: Rich Vogel, Village Attorney Tracy, Johnson & Wilson 2801 Black Road, 2'd Floor Joliet, IL 60435 Josh Blakemore Village Administrator 24401 W. Lockport Street Plainfield, IL 60544 If to any owner of record of any real property located within the SUBJECT PROPERTY, or the OWNER: Cayco Enterprises, LLC 34 Countryview Drive Yorkville, IL 60560 With copies to: Law Office of Paul M. Mitchell LLC 530 W.Van Buren Avenue Naperville, IL 60540 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 a Municipal Corporation BY ATTEST: Village President Village Clerk OWNER: CAYCO ENTERPRISES, LLC an Illinois limited liability company 8Y i ,r ti David Hardesty, Manager School Facilities Impact Fee Table — Unit School District (K-12) Number of Bedrooms Fee Detached Single Family Dwelling Units 2 bedrooms $796 3 bedrooms $4,233 4+ bedrooms $5,220 Attached Single Family Dwelling Units 2 bedrooms $943 3 bedrooms $1,575 4+ bedrooms $2,890 Apartments 1 bedroom $18 2 bedrooms $761 3+ bedrooms $2,160 Transition Fee Table — Unit School District (K-12) Number of Bedrooms Fee Detached Single -Family 1 Bedroom $0 2 Bedrooms $499 3 Bedrooms $2,615 4 Bedrooms $3,284 5+ Bedrooms $4,091 Attached Single -Family 1 Bedroom $0 2 Bedrooms $570 3 Bedrooms $1,001 4+ Bedrooms $1,822 Apartments Efficiency $0 1 Bedroom $11 2 Bedrooms $450 3+ Bedrooms $1,279 EXHIBIT LIST Exhibit A — Group Exhibit Exhibit A-1— Legal Description of Property to be Annexed Exhibit A-2 — Legal Description of Property Previously Annexed Exhibit A-3 — Legal Description of the Residential Development Exhibit B — Plat of Annexation Exhibit C — Modifications Exhibit D — Group Exhibit Exhibit D-1— Preliminary Plat Exhibit D-2 — Preliminary Engineering Exhibit D-3 — Preliminary Landscape Plan Exhibit E — Design Standards Exhibit E-1— Residential Streets Exhibit E-2 — Architectural and Planning Guidelines Exhibit Exhibit F — Anti -Monotony Standards EXHIBIT A-1 LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, ON THE NORTH LINE OF SAID NORTHEAST QUARTER, 884.95 FEET TO THE WEST LINE OF THE EAST 450.00 FEET OF SAID WEST HALF; THENCE SOUTH 00 DEGREES 04 MINUTES 53 SECONDS WEST, ON SAID WEST LINE, 310.01 FEET TO THE SOUTH LINE OF THE NORTH 310.00 FEET OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, ON SAID SOUTH LINE, 450.02 FEET TO THE EAST LINE OF SAID WEST HALF; THENCE SOUTH 00 DEGREES 04 MINUTES 53 SECONDS WEST, ON SAID EAST LINE, 846.53 FEET TO THE NORTH LINE OF THE SOUTH 1490.35 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 24 MINUTES 58 SECONDS WEST, ON SAID NORTH LINE, 441.45 FEET TO THE EAST LINE OF THE WEST 891.76 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 18 SECONDS EAST ON SAID EAST LINE, 346.71 FEET TO THE SOUTH LINE OF THE NORTH 810.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID SOUTH LINE, 172.39 FEET TO THE EAST LINE OF THE WEST 719.78 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 17 SECONDS EAST, ON SAID EAST LINE, 399.95 FEET TO THE NORTH LINE OF SOUTH 400.00 FEET OF THE NORTH 810.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID NORTH LINE, 552.98 FEET TO THE EAST LINE OF THE WEST 163.00 FEET OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 17 SECONDS WEST, ON SAID EAST LINE, 153.00 FEET TO THE SOUTH LINE OF THE NORTH 563.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID SOUTH LINE, 166.00 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 17 SECONDS EAST, ON SAID WEST LINE, 563.03 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER AND TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, ANY PART THEREOF, PREVIOUSLY ANNEXED, IN WILL COUNTY, ILLINOIS. SAID PARCEL CONTAINING 19.102 ACRES, MORE OR LESS. PIN: 07-01-29-200-023-0010 07-01-29-200-019-0010 EXHIBIT A-2 LEGAL DESCRIPTION OF PROPERTY PREVIOUSLY ANNEXED THE WEST 891.76 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN EXCEPT THE NORTH 810.00 FEET AND THE SOUTH 1490.35 FEET THEREOF, IN WILL COUNTY, ILLINOIS. SAID PARCEL CONTAINING PIN: 07-01-29-200-019-0020 EXHIBIT A-3 LEGAL DESCRIPTION OF THE RESIDENTIAL DEVELOPMENT THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, 332.41 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 542.22 FEET, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, 332.41 FEET, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 542.22 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER TO THE POINT OF BEGINNING (EXCEPT THE NORTH 33.00 FEET AND THE WEST 33.00 FEET THEREOF) (ALSO EXCEPT THE SOUTH 400.00 FEET OF THE NORTH 810.00 FEET OF THE WEST 719.78 FEET, EXCEPT THE WES 163.00 FEET OF THE NORTH 563 FEET THEREOF, OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN) IN WILL COUNTY, ILLINOIS. TOGETHER WITH, THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, 332.41 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, 147.44 FEET, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 907.79 FEET, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST 479.85 FEET PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 365.57 FEET, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, 332.41 FEET, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 542.22 FEET, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THE NORTH 33.00 FEET AND THE WEST 33.00 FEET THEREOF) (ALSO EXCEPT THE SOUTH 400.00 FEET OF THE NORTH 810.00 FEET OF THE WEST 719.78 FEET, EXCEPT THE WEST 163.00 FET OF THE NORTH 563 FEET THEREOF, OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN) IN WILL COUNTY, ILLINOIS. TOGETHER WITH, THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, 479.85 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER TO THE NORTHEAST CORNER OF PROPERTY CONVEYED BY DOCUMENT R92-103894, AND THE POINT OF BEGINNING; THENCE SOUTH 907.79 FEET PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER AND ALONG THE EAST LINE OF SAID PROPERTY CONVEYED BY DOCUMENT R92-103894; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, 239.93 FEET, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 907.79 FEET, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, 329.93 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THE NORTH 33.00 FEET THEREOF) (ALSO EXCEPT THE SOUTH 400.00 FEET OF THE NORTH 810.00 FEET OF THE WEST 719.78 FEET, EXCEPT THE WEST 163.00 FEET OF THE NORTH 563 FEET THEREOF, OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN), IN WILL COUNTY, ILLINOIS. TOGETHER WITH THE WEST HALF OF THE NORTHEAST QUARTER (EXCEPT THE SOUTH 1490.35 FEET) AND (EXCEPT THE NORTH 907.79 FEET OF THE WEST 719.78 FEET THEREOF) AND (EXCEPT THE NORTH 310.00 FEET OF THE EAST 450.00 FEET, AS MEASURED PERPENDICULAR TO THE NORTH AND EAST LINES THEREOF) OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PIN: 07-01-29-200-023-0020 07-01-29-200-019-0020 07-01-29-200-019-0010 EXHIBIT 8 PLAT OF ANNEXATION ,,,e oveyp4',,//p,,,,49/7/ ;,?///71,10//y/i ' '7/iii'''' / / '7:4:41;17 4 /44 ANY DISCREPANCY IN MEASUREMENT DISCOVERED UPON THE GROUND SHOULD BE PROMPTLY REPORTED TO THE SURVEYOR FOR EXPLANATION OR CORRECTION. FOR BUILDING UNE AND OTHER RESTRICTIONS NOT SHO WN HEREON REFER TO YOUR ABSTRACT, DEED, CONTRACTS AND ZONING ORDINANCES. / 07-0I-29-201-0135-0000 LEGAL DESCRIPTION THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, ON THE NORTH LINE OF SAID NORTHEAST QUARTER, 884.95 FEET TO THE WEST LINE OF THE EAST 450.00 FEET OF SAID WEST HALF; THENCE SOUTH 00 DEGREES 04 MINUTES 53 SECONDS WEST, ON SAID WEST LINE, 310 .01 FEET TO THE SOUTH LINE OF THE NORTH 310 .00 FEET OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST, ON SAID SOUTH LINE, 450.02 FEET TO THE EAST LINE OF SAID WEST HALF; THENCE SOUTH 00 DEGREES 04 MINUTES 53 SECONDS WEST, ON SAID EAST LINE, 846.53 FEET TO THE NORTH LINE OF THE SOUTH 1490.35 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 24 MINUTES 58 SECONDS WEST, ON SAID NORTH LINE, 441.45 FEET TO THE EAST LINE OF THE WEST 891 .76 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 18 SECONDS EAST ON SAID EAST LINE, 346.71 FEET TO THE SOUTH LINE OF THE NORTH 810.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID SOUTH LINE, 172.39 FEET TO THE EAST LINE OF THE WEST 719.78 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 17 SECONDS EAST, ON SAID EAST LINE, 399.95 FEET TO THE NORTH LINE OF SOUTH 400,00 FEET OF THE NORTH 810.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID NORTH LINE, 552 .98 FEET TO THE EAST LINE OF THE WEST 163.00 FEET OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 17 SECONDS WEST, ON SAID EAST LINE, 153.00 FEET TO THE SOUTH LINE OF THE NORTH 563 .00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, ON SAID SOUTH LINE, 166 .00 FEET TO THE WEST LINE OF SAID NORT HEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 17 SECONDS EAST, ON SAID WEST LINE, 563.03 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER AND TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, ANY PART THEREOF, PREVIOUSLY ANNEXED, IN WILL COUNTY, ILLINOIS . SAID PARCEL CONTAINING 19 .102 ACRES, MORE OR LESS. P.I.N.: 07-01-29-200-023-0010 07-01-29-200-019-0010 Su rvey ors • Engi neers. Planners * Lands cape Architects* G.I.S. Consulta nts 129 C APIST A DRIVE - SHOREWO OD, ILLIN OIS 60404 PH. (815) 744-6600 FA X (815) 744-0101 website: www.mettigert onelli .com EXHIBIT C MODIFICATIONS TO THE VILLAGE OF PLAINFIELD'S STANDARD ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS WILD HORSE KNOLL 1. LAND USE: Pursuant to the documents attached as exhibits to this Agreement and the applicable Village ordinances, the DEVELOPER shall construct a residential development which shall be known as Wild Horse Knoll (hereinafter "The RESIDENTIAL DEVELOPMENT"). The Residential Development is legally described in Exhibit A-3. The DEVELOPMENT will consist of 40 lots as depicted in the Preliminary Plat (Exhibit D-1) as follows: (i) 37 detached single-family lots; 2 storm water management lots (lots 38 and 39), and (iii) a future commercial lot (lot 40). The commercial lot is being annexed but the owner shall apply for rezoning and development at a later date. The VILLAGE concurs and agrees that the density of the development is in compliance with all VILLAGE codes and ordinances. That the VILLAGE by entering into this Annexation Agreement, hereby grants Preliminary Plat approval to the OWNER and DEVELOPER for the following Exhibits attached hereto as GROUP EXHIBIT D: D-1 Preliminary Plat D-2 Preliminary Landscape Plan The VILLAGE further agrees that all of said documents meet all requirements of all applicable VILLAGE ordinances and all the requirements of the VILLAGE pertaining to the development of the project, and where the documents vary from a VILLAGE Ordinance, the documents shall control and that no further VILLAGE Plan Commission or VILLAGE Board approvals will be required of the plans submitted as GROUP EXHIBIT D. The VILLAGE and the OWNER and DEVELOPER also agree that the DEVELOPER shall be allowed to submit, after annexation, a Final Plat, Final Engineering, and Building Elevations. These documents will be processed by the VILLAGE in the ordinary course of the VILLAGE approval process and the OWNER and DEVELOPER will submit them for approval by the VILLAGE Plan Commission and the VILLAGE Board, subject to their usual considerations and subject to the reasonable recommendations of the VILLAGE Staff and the VILLAGE Engineer regarding the proposed development. 2. MUNICIPAL IMPACT FEE: Sections 11, 12, 13, and 14 referencing the Village of Plainfield municipal impact fees are repealed and hereby replaced with the following: Annexation Impact Fee: $2,000 per dwelling unit Municipal Facility & Traffic Improvement Fee: $1,500 per dwelling unit 3. PARK DONATION: The Plainfield Park District has determined than the land/cash donation in the form of a fee in lieu of shall be required to be paid to the Plainfield Park District based off of the below schedule at the time of the issuance of a building permit for a residential lot: Detached Single -Family Homes: i) $3,189.60 for a two -bedroom home; ii) $3,847.80 for a three -bedroom home; iii) $4,776.00 for a four -bedroom home; or iv) $5,646.00 for a five -bedroom home. 4. SCHOOL DONATION: The DEVELOPER shall pay, at the time of the issuance of a building permit for each residential lot, School Facilities Impact Fee and the School Transitional Fees described in the tables attached to this Agreement. Further, in order to satisfy the required land/cash donation, the DEVELOPER shall pay a fee in lieu of to the School District based off of the below schedule at the time of the issuance of a building permit for a residential lot: Detached Single -Family Homes: v) $499.00 for a two -bedroom home; vi) $2,807.00 for a three -bedroom home; vii) $3,490.00 for a four -bedroom home; or viii) $5,666.00 for a five -bedroom home. 5. FIRE PROTECTION DISTRICT DONATION: The DEVELOPER will pay an impact fee of $1,000 per residential unit to the Fire Protection District upon the issuance of a building permit for each residential unit. 6. LIBRARY IMPACT FEE: The DEVELOPER will pay a Library Impact Fee per residential lot based upon the below schedule upon the issuance of a building permit for the residential townhome lot: Detached Single -Family Homes: i) $360 for a two -bedroom home; ii) $360 for a three -bedroom home; iii) $472 for a four -bedroom home; or iv) $472 for a five -bedroom home. 7. RECAPTURE FEES AND OTHER CONTRIBUTIONS: The DEVELOPER shall pay the VILLAGE the sum of $33,662.38 for sewer main improvements pursuant to Resolution No. 1408 approved April 5, 2004, to be paid upon the recording of the Final Plat of Subdivision. The VILLAGE and DEVELOPER agree that there are no other recapture fees which the DEVELOPER will be required to pay for either sanitary sewer, water main or roadway improvements that will be charged to the development. The VILLAGE also agrees that the SUBJECT PROPERTY will not be assessed a sanitary sewer oversizing impact fee as described paragraph 9 of the Annexation Agreement and the DEVELOPER shall not be required to oversize any sewer or water mains to service additional properties. 8. CONSTRUCTION OF THE DEVELOPMENT AND INFRASTRUCTURE IMPROVEMENTS: The DEVELOPER agrees that in constructing the SUBJECT PROPERTY, the sanitary sewer system and the water system shall be public systems dedicated to the VILLAGE and the DEVELOPER will comply with all VILLAGE ordinances regarding the construction and connection of the sewer and water systems and the dedication of the systems to the VILLAGE of Plainfield. a. SANITARY SEWER IMPROVEMENTS: The VILLAGE commits and agrees that it has sufficient sanitary sewer capacity for the construction of the development as and when requested by the DEVELOPER and the VILLAGE agrees to reserve current sanitary sewer and treatment plant capacity to serve the needs of the DEVELOPMENT. b. LANDSCAPE: The DEVELOPMENT shall be landscaped in accordance with the Preliminary Landscape Plan attached to this Agreement. 9. 10. BUILDING PERMITS AND OCCUPANCY PERMITS: Provided that DEVELOPER is not in default 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/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 as to the specific deficiencies in the application for permits, plans or specifications. In the event that certain improvements such as final grading, landscaping, sidewalks or driveways are not completed at the time of application for a building or occupancy permit, the VILLAGE agrees to issue temporary occupancy permits, if necessary, in order to allow the DEVELOPER to complete the construction of such improvements. The VILLAGE agrees to issue temporary occupancy permits for a maximum of ten (10) residential units before a final lift of asphalt is applied to the driveways. BONDS AND SECURITY INSTRUMENTS: DEVELOPER shall deposit, or cause to be deposited, with the VILLAGE such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the DEVELOPMENT as are required by applicable ordinances of the VILLAGE as modified by the provisions of this Agreement as long as the amount of the Security Instrument does not exceed 125% of the cost of the public improvements. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instrument. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the VILLAGE as modified by the provisions of this Agreement. The VILLAGE Board upon recommendation by the VILLAGE Engineer, shall from time to time approve a reduction or reductions in the Security Instruments as certified by the VILLAGE Engineer, so long as the balance remaining in the Security Instrument is at least equal to one hundred twenty-five percent (125%) of the cost to complete the remaining public improvements for the applicable phase of Development. The VILLAGE shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans by the VILLAGE Engineer. 11. AMENDMENTS TO ORDINANCES: All ordinances, regulations, and codes of the VILLAGE, including, without limitation those pertaining to zoning, subdivision, development, buildings or appurtenances, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the DEVELOPMENT during the term of this Agreement. Any amendments repeal, or additional regulations, which are subsequently enacted by the VILLAGE, shall not be applied to the DEVELOPMENT except upon the written consent of the DEVELOPER. Further, that all of the fees listed in this Agreement may not be altered, modified or increased by the VILLAGE during the term of this Agreement and the DEVELOPER shall not be obligated to pay any other fees imposed upon a residential development enacted by the VILLAGE after the approval of this Agreement and during the term of this Agreement. After the expiration of this Agreement, the DEVELOPMENT will be considered in compliance with all ordinances and zoning codes of the VILLAGE and that the OWNER of the DEVELOPMENT may transfer title to the DEVELOPMENT or rebuild or repair any building, structure or improvement damaged or destroyed by fire or other casualty without making any further improvements to the building structure, or improvement in order to come into compliance with any amendments to the zoning codes or ordinances of the VILLAGE. However, after the expiration of the term of this Agreement, the DEVELOPMENT will be subject to all ordinances, regulations, and codes of the VILLAGE in existence on or adopted after the expiration of the term of this Agreement, so long as the code or ordinance does not affect or result in a reduction of the total number of residential lots, of 37, approved for the DEVELOPMENT, and so long as the code or ordinance does not alter or eliminate any of the ordinance variations or approvals of the site plans, elevations, or other VILLAGE approvals obtained pursuant to this Agreement. The foregoing to the contrary notwithstanding, in the event the VILLAGE is required to modify, amend or enact any ordinance or regulation and to apply the same to the DEVELOPMENT pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the DEVELOPMENT and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provisions contained in such superior governmental mandate which would serve to exempt or delay implementation against the DEVELOPMENT shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances or other regulatory ordinances regarding the public health, safety and welfare are amended or modified in any manner to impose less restrictive requirements on the development of, or construction upon, properties within the VILLAGE, then the benefit of such less restrictive requirements shall inure to the benefit of DEVELOPER, and anything to the contrary contained herein notwithstanding, DEVELOPER may elect to proceed with respect to the development of, or construction of, the DEVELOPMENT upon the less restrictive amendment or modification applicable generally to all properties within VILLAGE. 12. BUILDING CODE: The building codes for the VILLAGE, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the DEVELOPMENT and its development during the term of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the VILLAGE, shall not be applied to the DEVELOPMENT except upon the written consent of the DEVELOPER during the term of this Agreement. After the expiration of the term of this Agreement, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the VILLAGE in effect at that time. If, during the terms of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the DEVELOPMENT are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the VILLAGE'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the DEVELOPER, and anything to the contrary contained herein notwithstanding, the DEVELOPER may proceed with development or construction upon the DEVELOPMENT pursuant to the less restrictive amendment or modification applicable generally to all properties within the VILLAGE. Further, any improvements or buildings installed by the DEVELOPER prior to the effective date of any such national amendment, deletions or additions to the building codes of the VILLAGE pertaining to life/safety considerations shall be considered in compliance and grandfathered under the prior code such that the DEVELOPER shall not be required to make modifications to any improvement, building or permit granted for building, prior to the effective date of the amendment, deletion or addition to the building code as determined pursuant to this Agreement. Further, any amendment, deletions or additions to the building codes of the VILLAGE pertaining to life/safety considerations adopted after the date of this Agreement which affect all land within the VILLAGE, shall be applicable to the DEVELOPMENT upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the twenty (20) years next following the date of this Agreement, or anytime thereafter. 13. CONSTRUCTION WORK AND MATERIAL STORAGE TRAILERS: Temporary office trailers will be permitted for the general contractor, developer, and for leasing. However, permit(s) will be required for each office trailer. The office trailers must be safely secured to the ground. No temporary connection to municipal water and sanitary sewer will be allowed for the trailers, and storage trailers are permitted. DEVELOPER shall have the right to install temporary stone roads and use generators in the SUBJECT PROPERTY from time to time to facilitate the development work. Construction may be conducted from 6 a.m. to 9 p.m. daily provided that it not unreasonably interfere with any neighboring residence. All construction access points to the right-of-way shall adhere to Village standards and specifications. 14. INTERIM USES: Without the requirement of any further permit or authorization from the VILLAGE, the DEVELOPER shall be allowed to maintain on the property the following uses, even if they are not permitted under the zoning code: a. All types of farming. b. Borrow pits c. Stock piling of dirt, also removal and/or sale of dirt, clay, gravel or other construction material. d. Temporary detention. e. Construction storage and office trailers. f. Mass grading. g. Continued use of existing structures. 15. EFFECT OF THIS AGREEMENT If any pertinent existing resolutions or ordinances, or interpretations thereof, of the VILLAGE are in any way inconsistent or in conflict with any provisions of this Agreement, then the provisions of this Agreement shall supersede the terms of said inconsistent ordinances or resolutions or interpretations thereof as they may relate to the DEVELOPMENT. Further, the OWNER and the DEVELOPER may sell, convey or assign all or any part of their interest in the Property or this Agreement at any time, without notice, consent or approval by the VILLAGE. Further, said sale, conveyance or assignment by the OWNER or DEVELOPER shall be considered a full release of the OWNER or DEVELOPER from all of the benefits and all of the obligations imposed upon them by this Agreement without the necessity of obtaining from the VILLAGE an agreement, approval or consent to the release of the OWNER or DEVELOPER from the obligations imposed by this Agreement. The VILLAGE further agrees that it is not entitled to advance notice of a sale, conveyance or assignment and the VILLAGE agrees to accept the assignee pursuant to any such assignment as the party responsible for the obligations imposed by this Agreement. 16. NO MORATORIUM: The VILLAGE shall not limit the number of building, occupancy, or other permits that may be applied for at any time as it relates to this DEVELOPMENT, nor shall the VILLAGE impose any moratorium on the DEVELOPMENT or unreasonably withhold approval of building or occupancy permits. 17. MODEL HOMES: The Village agrees to permit the DEVELOPER to construct, maintain, and utilize, as model units, two (2) single family detached units on two (2) individual lots within the RESIDENTIAL DEVELOPMENT. Said models may be constructed, but only after approval and recording of a final plat, construction of either the RESIDENTIAL DEVELOPMENT roadway in compliance with the Village engineer or a temporary gravel drive to and adjacent to the said models and posting of the necessary surety guaranteeing the public improvements. Each model home unit shall cease to be used as a model and/or a builder's office at the completion and full buildout of the development, or at the fifth year from the first certificate of occupancy for a model home, whichever comes first. Any temporary gravel drive or parking areas are to be improved in accordance with the standards set forth herein, the approved final engineering plans and Village Ordinance. Final surface of any temporary gravel drive cannot be installed without approval of the VILLAGE Engineer. 18. HOMEOWNER'S ASSOCIATION (HOA) & COVENANTS: 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 recordation of the Final Plat of Subdivision. The Declaration shall establish a "Homeowner's Association" which shall be responsible for enforcement of the terms of the Declaration. The Declaration shall include the anti -monotony provision contained in the Architectural Elevations. The DEVELOPER shall convey all outlots and common areas to the Homeowner's Association. The Homeowners Association shall own and maintain the outlots, common areas, and monument signage for the collective benefit of the members of the Association. The Declaration shall, among other things, require the Homeowner's Association to provide for the perpetual maintenance of all common area improvements, all stormwater detention areas, on -site storm sewers, drainage ways, retention/detention facilities, subdivision signage, landscape enhancements, and other components of drainage for the improvements to the SUBJECT PROPERTY. 19. 119th STREET ROW DEDICATION: The Village shall require an additional twenty-seven (27) feet of right-of-way for 119tH Street as illustrated on the Wild Horse Knoll Preliminary Plat. Ultimately, if the development does not move forward and an approved final plat expires prior to recording, the DEVELOPER or future owner of the property shall be required to dedicate the 119tH Street right-of-way as illustrated on the preliminary plat upon request from the Village of Plainfield, IL (VOP) and/or the Illinois Department of Transportation (IDOT). The owner or any owner successors shall be required to dedicate the right-of-way within thirty (30) days of request from either the VOP or IDOT. 20. MISCELLANEOUS: This Agreement may not be modified, in whole or in part, except in writing, executed by the parties. The VILLAGE agrees that the OWNER and the DEVELOPER will not be required to pay any VILLAGE or other governmental impact fee or other municipal fee for services for the development and construction of the development of the SUBJECT PROPERTY which is not described in this Agreement. Any minor changes made by the DEVELOPER to the Preliminary Plat or Final Plat after initial approval by the VILLAGE shall not require an amendment to this Agreement, nor shall they require approval by the Plan Commission or VILLAGE Board if said changes have been approved by the village staff. This Agreement will be governed and construed in accordance with the laws of the State of Illinois. This Agreement and all plans and exhibits attached to the Agreements constitute the entire Agreement between the parties and supersede all prior agreements, contracts, or understandings between the parties with respect to the subject matter hereof. It is expressly understood and agreed that this Agreement may not be altered, amended or modified in any respect, unless in writing duly executed by the parties. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. The unenforceability or invalidity of any provisions hereof will not render any other provision herein contained unenforceable or invalid, it being the intention of the parties that any unenforceable or invalid provisions hereof shall be deemed to be excised from this Agreement, and that the remaining provisions hereof shall continue to be enforced to the fullest extent possible in the absence of the excised provisions. EXHIBIT D PRELIMINARY PLAT 0 C ENTURY T RACE SITE LOCATION MAP moT TYPICAL SECTION LOCAL PLAINFE LO RO ADWAY STANDARDS SOWOMIO 17 31,4/1 11,1/18 1. 1. 169 Ed e 1.11121 11. 4/1 NA M VEEN v on V ON 11. 11, 11 11.393 4 1.1.11 1135. 11111 NAN Se e 1.1. 176 12, 070 11(611 Ne7XX1=7:47= ZS: TYPICA L LOT A 41.2.14 31.10.10 10111..1111111101 Mk 5011111111.11111110114111/1114 11.11.10/010110100 111111111111119110.11, 1011111124 imomiNIIERALN 11.111 1111 1.10141 11.16. 1410101 1.1411111. 111185 1.5 111.1039 1111,111.1.051/1 0 / 0 *36 37 CENT URY /0/ a�r� r 0 NA k5 TRA CE - UNIT 44 owe Awa e/A9/, 144 41 110141111111.1051/ ▪ m ‘111 l0010,444, k13 V�� rte® 0 0 EN 0 U NIT 4A 8 j �E XCEPTION� FIVE STAR TENN IS CEN TER 0 22, M VO C ENTU RYTRACE- • �naia67 S LL o r A c414E' c Aumilllig"'5411115- 7 ;/;5; IP PT, o— //// a//y/(4://:;:/#1/9,,,A . ...-� uhf FiF UNIT 4B PLAINFIELD FIRE ST ATION N O. 3 0 ■ 1 11' 11 ,„' 'I fil- it s7 so L 'I itII_L__ -.- -4----- , i t 1 r-- IL---_JIL----JI 1 k'- -. - r)1 `T1 34 s6 ii' 1 I`. -i 33 I, I LI -- -- III 1 1 . '."a' -.r — _ fir--- Or e ,I r I ss 111 I' I 22 II 11 1Ip 35 g6 tlygl 22 L4111 28 4S III �J st lil �.`� 111 fii r FA i I 1 ------- + I 1 III 111 11 1 211 +kF 1 lIi �ti-1' 411— 1— -. —FN- —0 — -T"L I I 11p 'a--�.�,, ,� 111. ._ . . . 1+ LI III ° y �\ i' .'�._ . q !II— ( i— +t /—Il�// i— 1 '�� % 1'�— �yl , 1— 111 •1 .. \\/ 1 kl 1 5 [4 I 18 io,_ . TI 18 18 I7 lil i" T6". e� I �I 1 la /L II II } ; ril 11i •/t C.. "I F, / A� 'I'�'----JAL;----JGL JL—. WH ITE A SH FA RM U I 0 .. .. 0. White AaFIN N& WHITTASH FARM- UFJ 1 i O ® / ® WIN. AN C aen \ O / WHITEEASHFARM/ UNIT 1 / S eel Clover Co ve z. 0 PRELIMINA RY PLAT of WILD HORSE KN OLL A SU BDIVI SIO N OF PAR T OF THE NORTH EAST QUART ER OF SECTI ON 29-37-9, IN WILL CO UNTY ILLIN OI S, // SITE DATA Site A a. 24.841 A cres Single -Family L ots: 37 Minkreen L ot NASN. 85 MIneeurn Lot Sae: 1]005 Squar e Feet Av erage L ot See. 13,570 Square Feet Typi cal B ulldog P ad 64.7S Wltle 555 Dap Setbacks Fr o. Yard '. 30• C omer Side' 3Q ' Side Y ard: T total 014' Rear Yard. 30' LEGEND r agLF ,9gOb . aaV Froµ3 FNCSNFF9 guETTGESETONELL a ASSOCIATES, c ATES, I NC . "LOTS" SHEET 1 OF 3 REVISIONS [ OM= ME 1 1.111.11111.00 . 11001•11%.11.n1 0 1111 Don .37.Sf ALI a giO PRELIMI NA RY PLAT of WILD H ORSE KN OLL A S UB DIVISION OF P ART OF T HE NORT HE AST QUARTER OF SECTION 29.77-9 , IN WILL C OUNTY ILLI NOIS. .nF�T:lms+"niEMT ER. .MO EMS,PAEEr 0.UMEI f/+eE•v�MaEEo wu 0,70 196 6 104 I 4Y U NIT 48 CENT URY TRAC E - UNIT 4A CE NTURYT RACE• UMT4A -, nE.em t1L ' y�q� x., l Sid NW S AO s// dm�6�// a4 w ( , 4 p, "✓°A� db " r'�d,',r x„/% b i«u - ,a�.;H%A96..• 01/61/44/0/ b JI11Mu y -+I I I 1�s d/������ fed.. s, dv� r�no� . .. �y „M r AO/ If/ �ii �� _ p E 11, r 01 11 e� q s6/ WH ITE A SH FARM- UN IT I While Ash. 5 WWTEA SH FAR M - UN IT 1 / Lea CE NTU RY TR ACE FYI MMIUME -MM./TWIN S= aR /U NIT T VD, . A sh C wn I T • J \ I I I' � I I STOR M OVERFL OW ROUTE C ROSS- SE CTI ON A -A LE GEND Io� .nea vve v.�nui ao 2n "GR ADING" SHEET 2 OF 3 Ru ettl r, TnwW & Assod"v, I nc x Icre - sa s Ia.r n. vws IOEa o-v m .x . P RELIMINA RY PL AT of WILD H ORSE KNOLL / /I / ro ! ate; so s I CENT URYT RACE -U NIT 4A { / b7, ( 7 e / CEN TURY TRACE UNIT 4A CE NTU RY TRAC E UNIT 48 ` %',•wrII►'r..�.,Cu """'* ...aTr u��,l(t iRIfH[/X1[ _ . ,a = ;.„,„ /'' // // / � I///A P /I f //f ta / / / 770,1 ice/ i b 13V55 / 7V%r % - ; Inn x a = 791,' '1999409 / White AE [bun . PLAIN FIELD FORE STATI ON No. 3 b ■i "w0'� ik II999‘;9.r 9/9,9/ % "9-777// EXCEPTION FIVE STA R TE NN IS CEN TER 25 Y6 f1 Y7 %A xv "" • -- i I I Ix 17 WRITE ASN AEI/ A RM -UN IT 1 White A sh Chive sd, WH ITE ASH FAR M- UNIT 47714,1 9 Art \ / SR FARM/ UNIT-1 A S UBDIVISI ON OF PA RT OF TH E NO RT HEAST QU ARTER OF SECTION 29-37-9 , IN WILL COUNT Y ILLIN OIS. LEGEND "UTILITIES" SHEET 3 OF 3 RoNti e r, Ta eaB�h Au«i .t®,, , Irn -m Isome r. « Iu.M m v. mm.-. ArnEI�^iseirl rst o Tr. . PRELIMI NARY PL AT CEN TU RY TRACE - UN IT" 4A E XC EPTION FIVE STAR TENNIS CEN TER O anion CENTURY TRACE''- UNIT 4A SEE SHE 2 FO R M ONUM= PLANTTN m ENTRY MONUMENT _ 119th Se PLAIN FIELD FIRE STATION N o. 3 0 20 - ....v ..aa , senor i YI 0 a SHEET IN DEX I OVERALL LANDSCA PE PLAN 2 DETAIL AND REPRESENTATIVE PLANT MATERIAL LIST G ENERAL NOTES 1. Contr acto r and or subcontrac to rs shall verify lo cati ons of all undergr ound Rimes prior to digging. Contact J.U. L.I.E. (Joi nt Utility Locating Iur Excav ator s) at 1-800-892-0123 or dial 811. 2. Topogra phic 8 boundary information obtained from (A uIOCAD file) Prekminary%a81804P.dwg. Prelimi nary Plat as prepared by R uediger, To nelli 8 Assoc iates, Inc. rece ived 08-292022 . S V erily site cand8ions and i nfomu905 on dra wings pri or to c ommenc eme nt or work. Promptly report any co nceal ed conditi ons. mistakes, discrepancies . or dev iations from the inf ormation sho wn in ere Contract D ocuments. The Own er is not responsible for unauthorised changes or extra work requir ed to correct unreported discr epa ncies . 4. Secure and pay for perm its, fees and inspections n ece ss ary for the pr op er exertion of this work . Comply with codes applic abl e to thi s work . 5. Pla nts and other m ateri als ar e qua ntifi ed a nd summariz ed for the co nvenie nce of the Owner and Jurisdicti onal agen cies. C onfirm and i nstall s uffici ent qua ntities to c omplete the work as dr awn. No additi onal p aym ents will be made for mat erials req uir ed to compete the work as dr awn. G. R efer to the specifications f or additi onal co nditions, sta ndards and n otes ]. Pl ant sp ecies shown ar e subject to a vailability. The Clie nt re ser ves th e right to make substitutio ns whi ch are the same size and similar habit 8. Fin al l ocations of trees within rights -of -ways are subj ect to change based on th e final driveway locati ons of single f amily l ots and utility location s. O z 613 cn g A Revisio ns Leitf •av-ita ar a., Data tOr giblinti Fie* 30,001 P SIP1 22 0 1 119TH STREET ENTRY MONUMENT STORMWA TER ROSIN EN TRY MONUMENT PLAN T YPICA L KEY LOT PLAN TINGS REPRESEN TA TIVE PLANT MA TERIAL LISTS Prop osed Can opy Trees (2.5" to 3.5" Ca l.( Bo tan ica l Name Co mmon Name Ac er X Freeman Maple Acer rubrum 'Red Sunset' Red Sunset Maple Ace r s accharum Sugar Maple Ce ltis occide ntalls Hackbeny Ginko biloba 'Princeton Sentry Princeton Sentry Ginko Gleditsia triancanthos Inermis'Skyline' Autumn Gold Ginkgo Gymnocladu s dioica Kentucky Coffeetree Que rcus rubru m Red Oa k Tilia americana 'Re dmond' Redmond American Linden Pro pose d Evergree n Trees (6' to 8' Hgt.( Bo tan ical Name Common Name Picea glauca Black Hills Spruce Picea pungens Colorado Spruce Pseudotsuga men ziess ii Do ugla s Fir Pro po sed Ornamenta l Tree s (8' to 8' Hg t. ( Botan ical Name Co mmon Name A melanchie r cana densis Servi ceberry Crataegus crusgalli Washington Hawthorne Malus sp. Flowering Crab Syringe reticulati cultivar Japanese Tr ee Lilac 'Ivory Silk' Propose d Shru bs (24" to 38" Hat.( Bo tanical Name C ommon Name Aronia melanocarpa Black Chokeberry Bums microphylla kor eana Korean Boxwood Comus sericea Redosier Dogwood Juniperus h orizontalis Dw arf creeping Juniper Rhus aromatica'Gro - Low Grow Low Sum ac Spires japonica Japan ese Spirea Miss Kim Korean Lilac Syringa patula ' Miss Kim ' Taxus cuspidata Japane s Yew Viburnum trilobum'compactum' C ompact American Viburnum ES EMERGENT SEED WTM WET TO MESIC PRAIRIE SEED TURF GRASS EVER GREE N TREE DETAIL seViei ane txm:w-ss e en eew hLiwll new ePa Dale 202 2-14-09 Scale al 9 297 1:01 file 3,/ leSiel re. OS SHEET 2 EXHIBIT E DESIGN STANDARDS 1. Residential Streets a. A bike path/pedestrian trail shall be constructed in the 119th right-of-way from the eastern property line of the subject property tying into the existing path to be carried to Normantown Road. The construction of the path involves two phases in that the second phase is solely the construction of the path directly in front of Lot 40 shown on the preliminary plat. The path to the east of Lot 40 shall be constructed in the first phase of development and be completed prior to any certificate of occupancy issuances, temporary or final. The phasing of the path is conditional upon Lot 40 applying for development within two years of the annexation agreement approval date. The path shall be a minimum of ten (10) feet in width and in accordance with Village's construction requirements providing ADA accessibility at the future right-of-way (ROW) of the Wild Horse Knoll roadway intersection (depicted as Stallion Drive on the preliminary plat) and at the Normantown Rd intersection. b. Stallion Drive shall have a ROW without a median of 66 feet. If a median is implemented, the ROW shall be 80 feet to 100 feet. c. Stallion drive street width without a median shall be 45 feet to 62 feet B/B. If a median is implemented, the street width shall be 18 feet B/B for each lane. d. If a median is implemented, a landscape median in the ROW shall be 20 feet to 45 feet. e. The Stallion Drive cul-de-sac shall have an outside pavement diameter of at least ninety- three (93) feet and a street property line diameter of at least one hundred twenty (120) feet. f. If requested by the Village, the DEVELOPER and/or OWNER agrees to provide parkway trees within five (5) years of final plat approval for each unit/lot regardless of occupancy or vacancy of each lot. g. If requested by the Village, the DEVELOPER and/or OWNER agrees to provide sidewalks on a vacant or unoccupied lot within two (2) years of final plat approval. h. All public improvements shall be constructed in accordance with the Village of Plainfield's Standards and Specifications, latest edition. 2. Architectural & Planning Guidelines These guidelines are to establish review guidelines for the Wild Horse Knoll subdivision to ensure a high level of architectural custom design as proposed by the applicant. The designs shall be in conformance with the standards herein and should be comparable to the designs provided by the applicant per Exhibit G. a. Anti -Monotony The non -monotony standards shall be established in Exhibit F of this agreement and is applicable when the majority of a home's design and materials are replicated. b. Landscaping Treatment Front and corner side yards of all lots shall be sod. Interior side and rear yards may be seed or sod at the discretion of the lot owner. Parkway and boulevard trees, if warranted, shall be provided in accordance with the Village Landscape Ordinance. c. Exterior Architectural Treatment 1. Exterior materials shall consist of masonry, stone, cultured stone, fiber cement siding and/or similar quality materials as approved by Village staff. 2. Aluminum/vinyl or stucco materials shall be permitted, except as otherwise described herein, provided the following: • The front elevation primary building material shall be masonry, stone and cultured stone, including an 18" return, or; • If aluminum or vinyl is utilized as the primary material of the front facade, the following shall be implemented on the front facade: o Three (3) or more pitches on the roofline of the front facade. o A roof covered porch of a depth no less than eight (8) feet and a length no less than six (6) feet. o A blend of siding styles, i.e. shake siding, horizontal vs. vertical contrasts, etc. o Windows shall represent over 30% of the front facade elevation. Windows shall also have a pronounced treatment such as decorative trim, shutters, sills and/or hoods. • If the rear and side elevations incorporate the use of aluminum or vinyl as the primary material, the chimney should be of masonry, stone or cultured stone (similar to any accenting masonry products utilized on the home, if any) and the following shall be incorporated into side and rear elevations: o One (1) or more full-sized windows shall be implemented, unless a side -load garage is implemented on the one side elevation. Windows shall have a pronounced treatment such as decorative shutters, trim, sills and/or hoods. 3. New models may be approved over time so long as they remain consistent with the proposed elevations and the intent of the design standards herein. 4. All elevations shall have two (2) or more windows. 5. Storm windows, screens, screen doors, gutters, and downspouts shall match or complement the exterior color scheme. 6. Porches, patios, verandas, and porticos are encouraged and shall be compatible with the exterior design. 3. Key Lots The key lots of Wild Horse Knoll shall be Lots 18, 19, 35, & 37 and shall follow the below special design criteria. a. Architectural Treatment for Key Lots In addition to the exterior, garage and driveway treatments outlined above, the following additional treatments shall apply to Key Lots (if conflicting guidelines are found, the more restrictive shall apply): • Front doors and windows to major rooms shall be oriented to the street. • Windows shall represent over 40% of the front facade elevation. Windows shall have a pronounced treatment such as decorative shutters, trim, sills and/or hoods. • The front door shall be a prominent feature of the front facade. • Masonry and natural materials shall be used on the front and corner side elevations, except for dormers, bays, alcoves, cantilevers and recessed walls. • Driveways shall have a wearing surface of concrete, brick, stone, stamped concrete or similar surface. Bituminous concrete driveways are prohibited on key lots. • Garage doors should contain decorative features if front loading. • Side -load garages are recommended. b. Landscaping Treatment for Key Lots The following landscape treatments shall be applied to each key lot: • Front yards, parkways, and sidewalks shall be design as a cohesive unit. • Front yards and corner side yards of all lots shall be sod. Interior side and rear yards may be sod or seed at the discretion of the lot owner. • Two deciduous shade trees shall be planted in the parkway. • A minimum of two deciduous shade trees, ornamental trees or evergreens shall be planted on each Key Lot. • Three shrubs per each twenty feet of frontage shall be planted on each key lot. • A minimum of 25 perennials in one -gallon pots shall be planted on each key lot. 4. Through Lots The through lots of Wild Horse Knoll shall be Lots 1, 4, 5, 21, and 22, and shall follow the below special design criteria. a. Architectural Treatment for Through Lots Elevations exposed to open space and/or roadways shall have the following: • Articulation to include one of the following: bay window, sunroom, roof -covered patio area/porch. • A minimum of five (5) windows and shall have a pronounced treatment such as decorative shutters, trim, sills and/or hoods. A full -window patio door shall count as two (2) windows towards this requirement. • A minimum of two (2) exterior materials or two (2) styles of the same/similar material shall be implemented. b. Landscaping Treatment for Through Lots • Landscaping enhancements shall be provided on the preliminary/final plat where throughlots are designated, particularly at Normantown Road that incorporated at least 60% evergreen plantings as part of the design. 5. Garages a. Each structure shall have a minimum of a 2.5 car garage. b. No detached garages are allowed. c. If garages are not parallel or recessed as part of the primary front elevation, the garage shall include some decorative material. d. All garage protrusions shall adhere to the following: • Shall not protrude from a dominant porch more than five (5) feet unless approved as a part of a planned development or if a side load garage is present and architectural elements are provided on the garage's primary facade; or • Shall not protrude from the living space more than five (5) feet unless approved as a part of a planned development or if a side load garage is present and architectural elements are provided on the garage's primary facade; or • Shall not protrude from a non -dominant porch more than five (5) feet from the living space or if a side load garage is present and architectural elements are provided on the garage's primary facade. 6. Driveways a. Driveways shall have a wearing surface of concrete, brick, stone, stamped concrete or similar surface. Bituminous concrete driveways are permitted however shall only represent 20% of the driveways in the Wild Horse Knoll subdivision. b. Driveways shall not exceed 20 feet in width at the lot line. 7. Size a. One-story residences shall be a minimum of 2,000 square feet. b. Two-story residences shall be a minimum of 2,700 square feet. Street EXHIBIT F ANTI -MONOTONY STANDARDS Anti -Monotony Restriction Rule 1: The same elevation of the same ffoorptan may not be repeated on the homes adjacent to or across the street from the subject home. A home is considered to be across the street from another subject property if at least 50% of its frontage is shared with the subject property. Rule 2: Acolor package with the same primary siding cobr or front elevation brick or stone color may not be repeated on the homes adjacent to or directly ac ross the street from the subject property. Rule 3: A street interrupts the sequence. However, a color package with the same primary siding color or front elevation brick or stone may not be repeated on the home facing the same direction as the subject home, across the street from the subject home. EXHIBIT G CUSTOM HOME DESIGNS Typical Front Elevations Typical Rear Elevation Custom Home Design 1 Custom Home Design 2 Custom Home Design 3 Custom Home Design 4