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HomeMy WebLinkAboutOrdinances - ORD-01-1029 - 07/02/2001 - AUTHORIZE ANNEX AGREEMENT SHAMROCK FARMSORDINANCE NO. ORD-01-1029 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS THE SHAMROCK FARM, IN MCHENRY COUNTY, ILLINOIS WHEREAS, Northern Trust Company as trustee u/t/a dated September 12, 1973 and known as Trust No. 2-41693 and Home State Bank, N.A., u/t/a dated July 23, 1998 and known as Trust No. 4686 are the legal owners of record of the 600 acres of real estate commonly know as the Shamrock Farm, located on the north and south sides of Draper Road, west of Curran Road, and including acreage located on the east side of Curran Road, in McHenry County, Illinois, and has requested that the City enter into an Annexation Agreement for said real estate; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Annexation Agreement, bearing the date of JULY 2 2001, between the City of McHenry, an Illinois Municipal Corporation, and Northern Trust Company as trustee u/t/a dated September 12, 1973 and known as Trust No. 2-41693 and Home State Bank, N.A., u/t/a dated July 23, 1998 and known as Trust No. 4686, record owners, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Shamrock Farms Annexation Agreement', is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Annexation Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 2NQ DAY OF , 2001 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: BOLGER, LOW, MURGATROYD, WIMMER, ALTHOFF GLAB NONE NONE APPROVED THIS 2ND DAY OF ATTEST: e- l / C I T/f ERK JULY , 2001 2 SHAMROCK FARMS ANNEXATION AGREEMENT This Agreement made and entered into this day of July, 2001, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Northern Trust Company as trustee u/t/a dated September 12, 1973 and known as Trust No. 2-41693, Home State Bank, N.A., u/t/a dated July 23, 1998 and known as Trust No. 4686 (hereinafter collectively referred to as "OWNER"). RECITALS A. The OWNER holds fee simple title to the real estate legally described on Exhibit A, attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBJECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8, and the ordinances of the CITY. C. The SUBJECT PROPERTY is currently improved with two single-family residences and farm buildings on the north side of Draper Road, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY has electors residing thereon, and each elector has properly executed the Petition for Annexation to the CITY. E. The SUBJECT PROPERTY consists of contiguous tracts of land, separated only by public road rights -of -way, all of which are not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and are presently contiguous to and may be annexed to the CITY in accordance with 65 ILCS 5/7-1-1, et seq. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. H. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. H. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. I. The annexation of the SUBJECT PROPERTY will include a portion of highway under the jurisdiction of McHenry and Nunda Townships, so notice of the annexation of the SUBJECT PROPERTY has been served to the McHenry and Nunda Township Commissioner of Highways and Board of Town Trustees by certified mail. J. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq. K. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this Agreement. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS: Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry County and recorded with the Recorder of Deeds of McHenry County. This Agreement in its entirety, togetherwith the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERTY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following the execution of this Agreement. 2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a zoning map amendment to RS-1, Low - Density Single -Family Residential, RS-2, Medium -Density Single -Family Residential, and RA-1, Attached Residential, for the SUBJECT PROPERTY in substantial conformance with the zoning district boundaries depicted on Exhibit B, entitled "Preliminary Plat of Shamrock Farm", prepared by Manhard Consulting, Ltd., dated September 24, 2000, and last revised on June 11, 2001, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Preliminary Plat"). 3. School and Shamrock Farm Club Site Zoning. A conditional use permit and/or other required approval by the CITY for the School Site and the Shamrock Farm Club, site, as identified on the Preliminary Plat, shall be required prior to construction, in accordance with CITY ordinances. The CITY's approval of the zoning map amendment to RS-2 for these properties as provided in this Agreement is conditioned on the development of these properties as a school, and a public or private club. The OWNER agrees that if these sites are not developed as described herein, than they shall not be subdivided or developed for residential or commercial use without an amendment to this Agreement. 2 4. Conditions of Zoning Approval. The CITY's approval of the zoning map amendments as provided in this Agreement is conditioned on the development of the SUBJECT PROPERTY in substantial conformance with the Preliminary Plat, including representations on the plat regarding the maximum number of units in each neighborhood, the public rights -of -way, open space layout, public land dedications, and the configuration of lots which may exceed the minimum building setback and area requirements of their respective zoning classification. Any amendments to the Preliminary Plat, except as otherwise provided herein, shall require an amendment to this Agreement. 5. Maximum Number of Residential Units. The maximum number of new residential dwelling units (including single-family detached and townhome units) permitted and constructed on the SUBJECT PROPERTY shall not exceed seven hundred and sixty-one (761). (1) The maximum number of townhome units permitted and constructed within Neighborhood #1, the RA-1 area to the east of Curran Road as depicted on the Preliminary Plat, shall not exceed one hundred and forty (140). (2) The maximum number of townhome units permitted and constructed within Neighborhood #2, the RA-1 area to the west of Curran Road as depicted on the Preliminary Plat, shall not exceed one hundred (100). 6. Agricultural Uses. The CITY agrees that those portions of the SUBJECT PROPERTYthat have not been final platted may continue to be used foragricultural purposes, including crop farming over the entire parcel and raising livestock to the west of Draper Road, and that such uses may be continued as a legal nonconforming use in accordance with the ordinances of the CITY. 7. Preliminary Plat. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance approving the Preliminary Plat. Approval of the Preliminary Plat shall entitle the OWNER to final plat of subdivision approval if the final plat is in conformance with the Preliminary Plat, any conditions of approval have been met, and it complies with this Agreement and all applicable ordinances, including the CITY's Subdivision Ordinance, Zoning Ordinance, and Building Codes. 8. Architectural Standards. OWNER agrees that Exhibit C, entitled "Architectural Standards", re ared by Shamrock Joint Venture, dated January 24, 2001 and last revised on I attached hereto and made a part of this Agreement by reference (hereinafter re rred to as "Architectural Standards"), shall be implemented and enforced by OWNER to regulate development within the SUBJECT PROPERTY, and shall be incorporated into the covenants and restrictions placed on the 3 SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 9. Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY, OWNER shall install and maintain landscaping, berming, fencing and other improvements in accordance with Exhibit D, entitled "Shamrock Farm Landscape Plan", prepared by Pugsley & Lahaie Ltd., dated 1/5/01, and last revised on 6/21/01, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Landscape Plans"), in all areas of the SUBJECT PROPERTY that have been final platted. OWNER shall implement, installed, enforce, and maintain the Landscape Plans within the SUBJECT PROPERTY, and shall incorporate the Landscape Plans into the covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 10. Townhouse Neighborhood Plans. OWNER agrees to provide Landscape Plans for the townhouse neighborhoods, for the CITY's review and approval, prior to approval of the first preliminary plat of subdivision for each area of the SUBJECT PROPERTY zoned RA-1. 11. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and maintenance of all Architectural Standards, Landscape Plans, private paths, open space, gas pipeline easements, private recreational facilities, clubhouses, storm water and drainage systems, including detention basins and retention ponds, wetlands, and conservation areas, as provided on Exhibit B, Exhibit C, and Exhibit D, by creating one or more "homeowners' association" or appropriate organizations. The provisions of each homeowners' association corporate charter and bylaws and any covenants used in its enforcement shall be submitted to the CITY with each final plat of subdivision. It is acknowledged and agreed that the CITY shall have the right, but not the obligation, to enforce all provisions of the homeowners' association charters, bylaws, and covenants, as they relate to these issues, and that all such documents shall so provide. It is further acknowledged and agreed that all homeowners' associations bylaws and covenants will specifically provide that these shall not be amended as they relate to such implementation, enforcement, and maintenance, and the means for providing funds therefore, without the prior approval of the CITY. 12. Back -Up Special Service Area. Prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish a Special Service Area over the SUBJECT PROPERTY to finance special municipal services as a back-up measure to the private "homeowners' association" and assessment to ensure the continued maintenance of the private subdivision improvements, including open space, landscaping, and other amenities as provided in this Agreement. 12 13. Phasing of Development. OWNER shall develop the SUBJECT PROPERTY in substantial conformance with the phasing for final plats of subdivision as provided on the Preliminary Plat. This phasing plan shall be considered as a geographic representation of the sequence of development. CITY acknowledges that said phasing plan is anticipatory in nature, and that OWNER may request amendments from time to time. 14. Limitation on Building Permits. OWNER and CITY agree that the CITY shall limit the maximum number of building permits issued each year for new residences within the area of the SUBJECT PROPERTY zoned RS-2. The maximum number of building permits issued each one-year period shall be as follows: Year 1 - Fifty (50), Year 2 - Sixty (60), Year 3 - Eighty (80), Year 4 - Eighty (80), Year 5 - Eighty (80), Years 6 and Later - Ninety (90). The first one-year period shall begin upon execution of this agreement. The CITY agrees that the above building permit limitations shall no longer apply to the OWNER if, at any time in the future, the CITY fails to impose building permit limitations on property annexed to the CITY consisting of 50 units or more and rezoned to RS-2 after the execution of this agreement. 15. Tree Survey and Preservation Plan. OWNER shall provide a tree survey and preservation plan for review and approval by the CITY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY, in accordance with the CITY's Tree Preservation ordinance. 16. Curb, Gutter and Sidewalks. OWNER shall install public sidewalks on at least one side of the street, concrete curb and gutter, and an enclosed storm sewer system, designed and constructed in accordance with the ordinances of the CITY, in the area of the SUBJECT PROPERTY zoned RS-1, to the north of Draper Road. Public sidewalks on both sides of the street, curb and gutter, and an enclosed storm sewer system shall be installed in all other areas of the SUBJECT PROPERTY, in compliance with the ordinances of the CITY. 17. Stormwater Management. OWNER acknowledges that the stormwater runoff generated from the proposed development may impact the Boone Creek Watershed. OWNER agrees to work with the CITY and City Engineer to consider the use of best management practices, where feasible, to minimize the development's potential impacts of stormwater runoff into the Boone Creek Watershed. 18, Sanitary Sewer and Water. (1) The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water, except the area of the SUBJECT PROPERTY zoned RS-1, to the north of Draper Road, which shall be developed without municipal water. 5 OWNER will be allowed to extend the municipal water and sewer lines to service the SUBJECT PROPERTY, and the CITY will service the development with water and sanitary sewer treatment facilities. Water and sanitary treatment plant and main capacity will be made available to the development on the same basis as it is made available to other developments. The CITY agrees to allow OWNER to prepay sanitary sewer tap fees and capital development fees to reserve available capacity if the CITY enters into a similar agreement with another developer, provided such capacity is not required to serve any currently approved development. (2) A portion of the SUBJECT PROPERTY is currently located outside of the CITY's Facility Planning Area (FPA) as determined by the Northeastern Illinois Planning Commission (NIPC) and the Illinois Environmental Protection Agency (IEPA). The CITY shall petition to amend the CITY's FPA boundary to include the entire SUBJECT PROPERTY. OWNER shall pay all costs associated with this application, including but not limited to the CITY's legal and engineering consultant fees. The CITY makes no representation or warranty that this FPA boundary amendment will be approved. OWNER and CITY agree that if the FPA Amendment is not approved, they shall cooperate to amend the Preliminary Plat in a configuration that does not unreasonably interfere with the development of the SUBJECT PROPERTY. (3) The CITY acknowledges that there is currently sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY, however, the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY. No action of the CITY regarding application to the Illinois or U.S. Environmental Protection Agency for permission to construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to constitute any representation, warranty, or reservation by the CITY to OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for connection permits. (4) OWNER shall cause to be financed and/or constructed all municipal sanitary sewer system and water supply and distribution system improvements required to meet the expected demand as a result of development of the SUBJECT PROPERTY, subject to credit for tap -on and capital improvement fees for sewage treatment plant improvements, and water tower, well, and treatment improvements. (5) The CITY shall exercise its power of eminent domain, if necessary, to assist OWNER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid sanitary sewer and water improvements. OWNER shall pay all eminent domain costs and expenses incurred by the CITY, including but not limited to attorney's fees, title charges, appraisals, surveying cost, deposition cost, witness fees, litigation expenses and judgments in the acquisition of any easement. (6) CITY shall not require OWNER to install public sanitary sewers under the street pavement along the center of the public right-of-way; however, public sanitary sewers shall be installed within the public right-of-way. 19. Existing and Proposed Recapture Agreements. OWNER acknowledges that the SUBJECT PROPERTY is subject to an existing sanitary sewer reimbursement or "recapture" agreement between the CITY and Amoco Oil Company. OWNER shall pay the required recapture amount due under said agreement prior to connection to the CITY's sanitary sewer system to service the SUBJECT PROPERTY. OWNER further acknowledges that the SUBJECT PROPERTY is subject to a proposed sanitary sewer and water reimbursement or "recapture" agreement between the CITY and Gerstad Builders, Inc. OWNER shall pay the required recapture amounts, as certified by the CITY upon its execution of said agreement with Gerstad Builders, prior to connection to the CITY'S sanitary sewer and water systems. If said agreement is not executed prior to the OWNER's connection to the CITY's sanitary sewer and water systems, OWNER agrees to pay the required recapture amounts within thirty (30) days after execution of said agreement by the CITY and Gerstad Builders. 20. Vacation of Draper Road Right -of -Way. The CITY agrees to hold the required hearings and consider the vacation of the existing right-of-way for Draper Road that may no longer be required for access after completion of the realignment and construction by OWNER of the existing intersection of Draper and Curran Roads, in substantial conformance with the Preliminary Plat and this Agreement. OWNER shall pay for and prepare the recording and documentation for this vacation. 21. Temoorary Signage. (1) Advertising Signs. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of six (6) temporary subdivision advertising signs on the SUBJECT PROPERTY, at locations selected by the OWNER (off -site advertising signs shall not be permitted). The signs shall be two-sided or v-shaped, a maximum of sixty-four (64) square feet in area, eight (8) feet in height, and set back a minimum of ten (10) feet from the property line. The signs shall be removed when the SUBJECT PROPERTY has reached ninety (90) percent occupancy of the total number of residential units proposed, based upon issuance of Certificates of Occupancy. (2) On -Site Directional Signs. On -site directional signs identifying the sales office(s) and model(s) shall be allowed subject to approval by the Community 7 Development Department of the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before termination of sales office(s). (3) Temporary Marketing Signs. Upon payment of required permit fees to the CITY, temporary marketing signs shall be permitted to the OWNER for participation in the Festival of Homes sponsored by the Chicago Tribune. These temporary marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed for five (5) consecutive weeks at a time, not more than four (4) times a year. 22. Model Homes, Construction Trailers. (1) Model Homes. Upon the annexation of the SUBJECT PROPERTY and in advance of any final plat of subdivision or engineering approval, the OWNER shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy model units in one or more product lines being offered by the OWNER and to construct and maintain other appurtenant facilities for said model units, including temporary sanitary facilities and systems (when a permit is received from the McHenry County Health Department) in advance of the construction of sanitary, storm sewer, storm water detention facilities and water mains; provided, however, no such construction shall prejudice the power and right of the CITY to review, approve and disapprove final plats of subdivision and engineering plans for any parcel containing said models. OWNER shall have the to right to use said models, as well as their garages, for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the sales of dwellings on the SUBJECT PROPERTY. The CITY agrees to allow the OWNER to construct temporary parking facilities paved to the sidewalk with curb depressed or other appurtenances to the model units and sales offices subject to the approval of the Community Development Department of the CITY and compliance with all applicable codes of the CITY. (2) Construction Trailers. Construction trailers used to build homes shall be allowed in each phase of development, at locations to be approved by the Community Development Department of the CITY. Upon the sale of 75%,of the lots in each phase, all construction trailers shall be removed from that phase of development. At all times during development of the SUBJECT PROPERTY, construction trailers shall be parked no closer than 300 feet from the nearest occupied home. 23. Underground Utilities. OWNER shall install underground, at OWNER's cost, all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development of the SUBJECT PROPERTY. 1.9 24. Road Improvements and Contributions. (1) OWNER shall realign and construct the intersection of Draper and Curran Roads as part of the development of the SUBJECT PROPERTY, in substantial conformance with the configuration show on the Preliminary Plat. OWNER agrees to incorporate this reconstruction into the subdivision improvement plans for the first final plat of subdivision for the SUBJECT PROPERTY, and shall follow all design review, letter of credit, and bonding requirements required by the ordinances of the CITY or other controlling jurisdictions. (2) OWNER acknowledges and agrees that several existing intersections and roads within or near the SUBJECT PROPERTY are not currently improved to meet traffic volumes expected as a result of development of the SUBJECT PROPERTY. OWNER acknowledges and agrees that these intersections and roads shall be financed and improved by OWNER and/or the CITY as part of the development of the SUBJECT PROPERTY, in substantial conformance with Exhibit E, entitled "Preliminary Offsite Roadway Geometrics", prepared by Manhard Consulting, Ltd., dated 1/5/01, and last revised on 5/31/01, and Exhibit F, entitled "Road Improvements and Contributions," prepared by the CITY, dated June 21, 2001, attached hereto and made a part of this Agreement by reference (hereinafter collectively referred to as "Traffic Improvement Plan"). The CITY and OWNER acknowledge and agree that the OWNER's participation in financing or improving off -site intersections shall be based on the proportionate cost of the improvements necessary to meet the traffic demand expected as a result of development of the SUBJECT PROPERTY. (3) The CITY's approval of final plats of subdivision may be conditioned on the OWNER's monetary contributions and/or improvements to existing intersections and roads in substantial conformance with the Traffic Improvement Plan, including representations on the plan regarding donation amounts and the timing of construction or donations by the OWNER. 25. Right -of Way Dedication - Curran Road. (1) OWNER shall dedicate the right-of-way for Curran Road to the CITY in the configuration provided on the Preliminary Plat upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY, or at such earlier time as requested by the CITY. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. 9 (2) OWNER acknowledges that McHenry County is currently conducting a Feasibility/Corridor Study to develop a recommended alignment for the Route 31 West McHenry Bypass. The final recommendation of this study has not been made, and therefore, the alignment of the bypass through the SUBJECT PROPERTY provided on the Preliminary Plat is subject to change. OWNER agrees and shall cooperate with the CITY to amend the Preliminary Plat of the SUBJECT PROPERTY to alter the dedicated right of way referenced in paragraph 25(a), as directed by the CITY, in a configuration that does not unreasonably interfere with the development of the SUBJECT PROPERTY. (3) The CITY agrees to notify the appropriate authorities that the CITY supports and shall use its best efforts to designate the right-of-way along the Curran Road, in the location shown on the Preliminary Plat, as the final alignment of the Route 31 West McHenry Bypass. 26. Park Land Dedication. OWNER shall convey and dedicate to the CITY, for unrestricted public use, the area on the Preliminary Plat designated as "Park, 17 Acres" upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall pay to the CITY three thousand dollars ($3,000) to be used to assist the CITY in developing a plan for the Park Site. OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for active park and recreation purposes. The CITY will maintain the park site upon conveyance. 27. Tot Lot Dedication and Improvement. OWNER shall convey and dedicate to the CITY, for unrestricted public use, the two (2) areas on the Preliminary Plat designated as a " Park," and described as a one and three -tenths (1.3) acre park within Neighborhood #5 and a one and two -tenths (1.2) acre park within Neighborhood #6, upon approval of the final plat(s) of subdivision including these Tot Lot sites. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall improve both of said Tot Lots with playground equipment, landscaping, and other amenities, as described in this paragraph and on Exhibit G, entitled "Standard Tot Lot Design", prepared by the CITY, dated 6/12/01, The CITY shall give a credit of one hundred thousand dollars ($100,000) towards the 10 Parks component of the required Cash Contributions, as described in this Agreement, for future improvements to these two Tot Lots. The minimum design standards for The Tot Lot improvements shall be based on the following criteria, but shall be subject to CITY review and approval, and shall be installed in accordance with accepted standards for the construction of similar facilities within the CITY: (1) A minimum of two sidewalks shall be provided for access from the public sidewalk to the play equipment; (2) All play equipment shall be in an area of a size to meet the recommended fall zone for all such equipment, and shall be enclosed by a concrete barrier curb. Curb depressions shall be provided to allow accessibility into the play area; (3) The surface under all play equipment shall be Fibar System 300 or equivalent; (4) Play equipment shall consist of the following: Climbing Units (Game Time Power Scape or equivalent), Swings (Game Time Prime Time Swing Frames with Seats or equivalent), Spring Animals (three (3) Game Time Saddle Mate Spring Animals or equivalent); (5) A minimum of four (4) benches shall be provided; (6) Landscaping shall be provided, installed and guaranteed for a period of two (2) years. Plans for landscaping shall be subject to CITY review and approval. 28. School Land Dedication. OWNER shall convey and dedicate to the Community Consolidated School District No. 15 ("District No. 15"), for unrestricted public use, the area on the Preliminary Plat designated as "School Site" upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY and District No. 15 shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for construction of an educational facility. 29. Fire Protection District Dedication. OWNER shall convey and dedicate to the McHenry Township Fire Protection District ("Fire District"), for unrestricted public use, the area on the Preliminary Plat designated as "Fire Station Site" upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY. This conveyance shall be made by recordable warranty deed or such other conveyance 11 as the CITY and Fire District shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for construction of a fire station. 30. Emergency Warning Signal. Prior to the CITY's approval of OWNER's first final plat of subdivision, OWNER shall convey and dedicate to the CITY, for unrestricted public use a parcel of land on the SUBJECT PROPERTY of sufficient size to accommodate an emergency warning signal. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. OWNER shall provide for future electrical utility connections, and the site shall be final graded and seeded in conjunction with OWNER's development of the phase in which said property is located. The slope, topography, and geology of the dedicated site must be suitable for the construction of an emergency warning siren and tower. 31. Neighborhood #1 - Reservation for Purchase by the CITY. For a period of three (3) years following the execution of this Agreement, the CITY shall have the first and exclusive option to purchase the acreage of the SUBJECT PROPERTY to the east of Curran Road, identified as Neighborhood #1 on the Preliminary Plat (°Neighborhood #1") on the same terms and conditions as may be offered to the OWNER by any bona fide purchaser. Prior to OWNER accepting any offer from any bona fide purchaser, OWNER shall provide CITY or its designee with a copy of the offer. The CITY or its designee shall have sixty (60) days from the receipt of the offer to acceptor refuse the terms offered by said bona fide purchaser. If CITY or its designee elects to purchase Neighborhood #1, it shall mail written notice to OWNER signifying its commitment to purchase Neighborhood #1 within sixty (60) days. The CITY shall close the purchase within a reasonable time frame not to exceed 180 days from its notice. If the sale to the CITY or its designee is consummated, then the maximum number of new residential dwelling units (including single-family detached and townhome units) permitted and constructed on the SUBJECT PROPERTY, as provided in this agreement, shall be reduced to six hundred and twenty-one (621). In the event the CITY shall not commit to purchase or its designee shall elect not to purchase Neighborhood #1 within said sixty (60) day period, the OWNER shall be entitled for a period of sixty (60) days thereafter to sell to any purchaser willing to accept the terms offered to the CITY. If OWNER is not able to sell upon such terms within said sixty (60) day period, then the CITY's right of first offer specified herein shall be deemed automatically reinstated. 12 32. Donations, Contributions, and Fees. OWNER acknowledges that the development of the SUBJECT PROPERTY will impact on schools, parks, the library and fire protection districts and other public services within the CITY. To reduce the effects of this impact, and as a condition of this Agreement, OWNER shall be obligated to pay and/or donate, or cause to be donated to the CITY, or provide improvements for the benefit of the CITY as follows, (1) Annexation Fees. 1. OWNER shall pay to the CITY the lump sum of $300,000 within ninety (90) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. 2. Prior to CITY approval of a final plat of subdivision of any portion of the SUBJECT PROPERTY, OWNER shall pay to the CITY the sum of $500 times the gross number of acres included in the subdivided area. 3. OWNER shall pay to the CITY the sum of $546 per residential unit, including single-family and multi -family units, constructed on the SUBJECT PROPERTY upon issuance of each building permit. 4. OWNER shall pay to the CITY the sum of $1,838 per residential unit $1,030 to School District NO. 15, $750 to School District No. 156 and $58 to the Library District) constructed on the SUBJECT PROPERTY upon issuance of each Certificate of Occupancy. (2) Cash Donations. OWNER shall pay to the CITY certain Cash Donations per residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. The Cash Donations payable by the OWNER to the CITY shall be calculated as follows: School Districts Parks Library Dist. Fire Dist. Total per Unit Single -Family Detached Tota 11 156 15 2 or Less Bedrooms $1,035 $725 $310 $1,468 $258 $258 $3,019 3 Bedrooms $2,373 $1,663 $710 $2,109 $258 $258 $4,998 4 Bedrooms $2,727 $1,911 $816 $2,739 5258 $258 $5,982 5 or More Bedrooms $2,396 S1,679 $717 $2,743 $258 $258 $5,655 Single -Family Attached 1 Bedroom $0 SO $0 5868 $258 $258 51,384 2 Bedrooms $869 5609 $260 $1,448 $258 $258 $2,833 3 Bedrooms $983 5669 $294 $1,740 $258 $258 $3,239 4Bedrooms $2,367 $1,659 $708 $2,288 $258 $258 $5,171 13 The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash Contribution Amounts". 2. CITY acknowledges and agrees that the nineteen and one-half acre Park Site and Tot Lots, and the one -hundred thousand dollar ($100,000) credit for future Tot Lot improvements represents fifty three percent (53%) of the park donations required by CITY ordinances; and the ten (10) acre School Site represents seventy-seven percent (77%) of the school donations required by CITY ordinances for School District 15. 3. In the event the Minimum Cash Contribution Amounts, as calculated above, are less than the cash donation amounts set forth in the CITY's ordinances, as amended from time to time, an amount equal to the amounts specified in the CITY's ordinances, after adjustments as calculated above for land donations, shall be paid, rather than the Minimum Cash Contribution Amount provided in this Agreement. 4. In the event the CITY's cash contribution ordinance, or any other ordinance of the CITY relating to cash contributions for schools, parks, library and fire protection districts, is repealed or declared by a court of law to be found unenforceable and all appeals have been exhausted, OWNER agrees to pay, subsequent to such final court action, the Minimum Cash Contribution Amounts set forth in this Agreement. In the event such final court order requires the CITY or School Districts to return or refund monies paid by the OWNER pursuant to the CITY's ordinances, OWNER expressly agrees to allow the CITY or School Districts to retain the Minimum Cash Contribution Amounts previously paid by the OWNER. It is the express intent of the OWNER to release the CITY and School Districts from any liability or obligation to refund the Minimum Cash Contribution Amount paid pursuant to this paragraph under any circumstances. (3) Release. OWNER hereby releases the CITY, School Districts 15 and 156, Library District, and Fire Protection District from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. OWNER agrees not to pay any fees under protest. 14 (4) Donations Distinguished from Fees. Other than the donations specified in the foregoing paragraphs, during the term of this Agreement, and irrespective of any existing, new or revised donation ordinances of the CITY, OWNER shall not be required to donate any land or money to the CITY, or by action of the CITY, to any other governmental body. Building permit fees, water and sewer connection and capital development fees, and other similar fees which are charged for specific services provided by the CITY, shall be payable in accordance with the CITY ordinances in existence and as amended from time to time, except as specifically provided in this Agreement. (5) Distribution. That portion of these fees to be distributed to the schools, as determined exclusively by the CITY, may be distributed for the benefit of some or all schools within School Districts 15 and 156, at the discretion of the City Council. To the extent any of these funds are distributed to said School Districts, they may be used for operating expenses at those schools within School Districts 15 and 156, as directed by the City Council, at the time of distribution. In the event a distribution agreement in a form approved by the CITY is not executed by the School Districts prior to distribution of said funds to the School Districts, the CITY may retain the entire amount paid pursuant to this paragraph for CITY use. Nothing herein is intended to create third party beneficiary rights in School Districts 15 and 156 or the Library District. (6) Annual Adjustment. At the end of each one-year period, with the first one- year period beginning May 1, 2001, the fees referenced in the preceding paragraphs a) ii, a) iii, a) iv, and b) i shall be adjusted upward by the percent that the Chicago Area Consumer Price Index has moved upwards since December 31, 2000, and every December 31 st thereafter. For the purpose of this paragraph, the price index to be used for comparative purposes shall be that index for the annual average Chicago area CPI-U, as published by the United States Department of Labor, Bureau of Labor Statistics. 33. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 34. Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the SUBJECT PROPERTY, in whole or part, is transferred to successors in interest, future amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the SUBJECT PROPERTY. 15 35. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be in default specifying the nature of said default, and thirty (30) days elapses from the receipt of said default notice without the default being cured. Notice shall be in writing and delivered via certified mail, addressed as follows: CITY City Administrator John A. Lobaito 333 S. Green Street McHenry, IL 60050 Trust No. 2-41693 The Northern Trust Company 50 S. LaSalle Street Chicago, IL 60675 Trust No. 4686 Home State Bank, N.A. 40 Grant Street Crystal Lake, IL 60014 Shamrock Farms Development, LLC 1036 Estate Lane Lake Forest, IL 60045 36. Stop Orders. The CITY will issue no stop orders directing work stoppage on buildings or parts of the development without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its intention to issue stop orders at least twenty-four (24) hours in advance of the actual issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 37. Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all successors and assigns in title. If during the term of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, subdivision, construction of improvements, buildings, appurtenances and all other development of the SUBJECT PROPERTY, are amended or modified in any manner so as to impose more restrictive requirements, such more restrictive requirements shall be enforceable as applied to the SUBJECT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 16 38. Obligations. All obligations of the OWNER in this Agreement, including monetary obligations in existence now and in the future, as a result of this Agreement, shall constitute covenants running with the land and such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue. 39. Enforceability. It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal court. In the event that either party to the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. 40. Waiver. The failure of the CITY to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. 41. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes and Preliminary Plat described herein and the ordinances adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised hear from and the invalidity thereof shall not affect any of the other provisions contained herein. 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY BY, Mayor Pamela J. Althoff �l 1 This instrument is executed by Home State Bsmk&etlonal Association, Crystal Ln':c IL , not personally but solely as Trustee as afereec covenants and conditions to be Attest: " o Ae--' fw�L performed hereu Site Bank/Hational Cit)�Clerk Ja ItC. Jones Association , 4-nl-•Iy as Trustee as aforesaidsn,l -c ,.nJ no personal C ) s Nortbsrn Trust Company executes this instrument liability shall be as ., _ enforceable against, not personally but as Trustee as aforesald, and is not Home State Bank/N-t.­-: Association by reason of any to be held liable in its individual capacity in any way of the covenants, statennents, representations or warranties OWNERS by reasoa of the same. Any recourse hereunder is to be contained in this instrument. had only against the trust estate. Northern Trust Company Home State Bank Trust No. 2-41693 Trust No. 4686 not individually, but as Trustee Under a not individually, but as Trustee Under a Trust eement dated S ptember 12, 1973, Trust Agreement dated July 23, 1998 and k o n as Trus o.n!93 and known rust No. 4686 By: �BY l� �F Print Name: OGER C. CLARK Print Name: THOMAS W. 13ARANKO — VIL RESIDENT & TRUST OFFICER Its: '�li_C_� PJiESIDER-6 Its: Shamrock Farms Development LLC, which is the contemplated developerof the SUBJECT PROPERTY joins in this Annexation Agreement for the express purpose of unconditionally and irrevocably guaranteeing performance and payment of all obligations of the OWNER set forth in such agreement. "The parties agree that the performance obligations set forth in this Agreement are not those of Home State Bank Trust No. 4686, the beneficiaries of said trust, or their successors and/or assigns. 18 Shamrock Farms Development LLC 0 RR`` ■ .. Wri►ti�� t 1- . ILW:-nager \1 -- - George Johnson, who represents and warrants that he is the sole beneficiary of Northern Trust Company Trust No. 2-41693 and that the land owned by said Trust has a value of not less than $5,000,000 in excess of encumbrances thereon joins in this Annexation Agreement for the express purpose of confirming that pursuant to this Agreement, 1. the City of McHenry has lien rights enforceable against said land in accordance with Section 38 thereof, and 2. the City of McHenry has rights of specific performance which can be enforced against said land in accordance with Section 3 19 SHAMROCK FARMS ANNEXATION AGREEMENT This Agreement made and entered into this day of July, 2001, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Northern Trust Company as trustee u/t/a dated September 12, 1973 and known as Trust No. 2-41693, Home State Bank, N.A., u/t/a dated July 23, 1998 and known as Trust No. 4686 (hereinafter collectively referred to as "OWNER"). RECITALS A. The OWNER holds fee simple title to the real estate legally described on Exhibit A, attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBJECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8, and the ordinances of the CITY. C. The SUBJECT PROPERTY is currently improved with two single-family residences and farm buildings on the north side of Draper Road, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY has electors residing thereon, and each elector has properly executed the Petition for Annexation to the CITY. E. The SUBJECT PROPERTY consists of contiguous tracts of land, separated only by public road rights -of -way, all of which are not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and are presently contiguous to and may be annexed to the CITY in accordance with 65 ILCS 517-1-1, et seq. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and othervAse enhance and promote the general welfare of the CITY and its residents. H. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. H. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. I. The annexation of the SUBJECT PROPERTY will include a portion of highway under the jurisdiction of McHenry and Nunda Townships, so notice of the annexation of the SUBJECT PROPERTY has been served to the McHenry and Nunda Township Commissioner of Highways and Board of Town Trustees by certified mail. J. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq. K. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this Agreement. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS: Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry County and recorded with the Recorder of Deeds of McHenryCounty. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERTY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following the execution of this Agreement. 2. Zonin . Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a zoning map amendment to RS-1, Low - Density Single -Family Residential, RS-2, Medium -Density Single -Family Residential, and RA-1, Attached Residential, for the SUBJECT PROPERTY in substantial conformance with the zoning district boundaries depicted on Exhibit B, entitled "Preliminary Plat of Shamrock Farm", prepared by Manhard Consulting, Ltd., dated September 24, 2000, and last revised on June 11, 2001, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Preliminary Plat"). 3. School and Shamrock Farm Club Site Zoning. A conditional use permit and/or other required approval by the CITY for the School Site and the Shamrock Farm Club site, as identified on the Preliminary Plat, shall be required prior to construction, in accordance with CITY ordinances. The CITY's approval of the zoning map amendment to RS-2 for these properties as provided in this Agreement is conditioned on the development of these properties as a school, and a public or private club. The OWNER agrees that if these sites are not developed as described herein, than they shall not be subdivided or developed for residential or commercial use without an amendment to this Agreement. 2 4. Conditions of Zoning Approval. The CITY's approval of the zoning map amendments as provided in this Agreement is conditioned on the development of the SUBJECT PROPERTY in substantial conformance with the Preliminary Plat, including representations on the plat regarding the maximum number of units in each neighborhood, the public rights -of -way, open space layout, public land dedications, and the configuration of lots which may exceed the minimum building setback and area requirements of their respective zoning classification. Any amendments to the Preliminary Plat, except as otherwise provided herein, shall require an amendment to this Agreement. 5. Maximum Number of Residential Units. The maximum number of new residential dwelling units (including single-family detached and townhome units) permitted and constructed on the SUBJECT PROPERTY shall not exceed seven hundred and sixty-one (761). (1) The maximum number of townhome units permitted and constructed within Neighborhood #1, the RA-1 area to the east of Curran Road as depicted on the Preliminary Plat, shall not exceed one hundred and forty (140). (2) The maximum number of townhome units permitted and constructed within Neighborhood #2, the RA-1 area to the west of Curran Road as depicted on the Preliminary Plat, shall not exceed one hundred (100). 6. Agricultural Uses. The CITY agrees that those portions of the SUBJECT PROPERTY that have not been final platted may continue to be used for agricultural purposes, including crop farming over the entire parcel and raising livestock to the west of Draper Road, and that such uses may be continued as a legal nonconforming use in accordance with the ordinances of the CITY. 7. Preliminary Plat. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance approving the Preliminary Plat. Approval of the Preliminary Plat shall entitle the OWNER to final plat of subdivision approval if the final plat is in conformance with the Preliminary Plat, any conditions of approval have been met, and it complies with this Agreement and all applicable ordinances, including the CITY's Subdivision Ordinance, Zoning Ordinance, and Building Codes. 8. Architectural Standards. OWNER agrees that Exhibit C, entitled "Architectural Standards", prepared by Shamrock Joint Venture, dated January 24, 2001 and last revised on , attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Architectural Standards"), shall be implemented and enforced by OWNER to regulate development within the SUBJECT PROPERTY, and shall be incorporated into the covenants and restrictions placed on the 3 SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 9. Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY, OWNER shall install and maintain landscaping, berming, fencing and other improvements in accordance with Exhibit D, entitled "Shamrock Farm Landscape Plan", prepared by Pugsley & Lahaie Ltd., dated 1/5/01, and last revised on 6/21/01, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Landscape Plans"), in all areas of the SUBJECT PROPERTY that have been final platted. OWNER shall implement, installed, enforce, and maintain the Landscape Plans within the SUBJECT PROPERTY, and shall incorporate the Landscape Plans into the covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 10. Townhouse Neighborhood Plans. OWNER agrees to provide Landscape Plans for the townhouse neighborhoods, for the CITY's review and approval, prior to approval of the first preliminary plat of subdivision for each area of the SUBJECT PROPERTY zoned RA-1. 11. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and maintenance of all Architectural Standards, Landscape Plans, private paths, open space, gas pipeline easements, private recreational facilities, clubhouses, storm water and drainage systems, including detention basins and retention ponds, wetlands, and conservation areas, as provided on Exhibit B, Exhibit C, and Exhibit D, by creating one or more "homeowners' association" or appropriate organizations. The provisions of each homeowners' association corporate charter and bylaws and any covenants used in its enforcement shall be submitted to the CITY with each final plat of subdivision. It is acknowledged and agreed that the CITY shall have the right, but not the obligation, to enforce all provisions of the homeowners' association charters, bylaws, and covenants, as they relate to these issues, and that all such documents shall so provide. It is further acknowledged and agreed that all homeowners' associations bylaws and covenants will specifically provide that these shall not be amended as they relate to such implementation, enforcement, and maintenance, and the means for providing funds therefore, without the prior approval of the CITY. 12. Back -Up Special Service Area. Prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish a Special Service Area over the SUBJECT PROPERTY to finance special municipal services as a back-up measure to the private "homeowners' association" and assessment to ensure the continued maintenance of the private subdivision improvements, including open space, landscaping, and other amenities as provided in this Agreement. 0 13. Phasing of Development. OWNER shall develop the SUBJECT PROPERTY in substantial conformance with the phasing for final plats of subdivision as provided on the Preliminary Plat. This phasing plan shall be considered as a geographic representation of the sequence of development. CITY acknowledges that said phasing plan is anticipatory in nature, and that OWNER may request amendments from time to time. 14. Limitation on Building Permits. OWNER and CITY agree that the CITY shall limit the maximum number of building permits issued each year for new residences within the area of the SUBJECT PROPERTY zoned RS-2. The maximum number of building permits issued each one-year period shall be as follows: Year 1 - Fifty (50), Year 2 - Sixty (60), Year 3 - Eighty (80), Year 4 - Eighty (80), Year 5 - Eighty (80), Years 6 and Later - Ninety (90). The first one-year period shall begin upon execution of this agreement. The CITY agrees that the above building permit limitations shall no longer apply to the OWNER if, at any time in the future, the CITY fails to impose building permit limitations on property annexed to the CITY consisting of 50 units or more and rezoned to RS-2 after the execution of this agreement. 15. Tree Survey and Preservation Plan. OWNER shall provide a tree survey and preservation plan for review and approval by the CITY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY, in accordance with the CITY's Tree Preservation ordinance. 16. Curb. Gutter and Sidewalks. OWNER shall install public sidewalks on at least one side of the street, concrete curb and gutter, and an enclosed storm sewer system, designed and constructed in accordance with the ordinances of the CITY, in the area of the SUBJECT PROPERTY zoned RS-1, to the north of Draper Road. Public sidewalks on both sides of the street, curb and gutter, and an enclosed storm sewer system shall be installed in all other areas of the SUBJECT PROPERTY, in compliance with the ordinances of the CITY. 17. Stormwater Management. OWNER acknowledges that the stormwater runoff generated from the proposed development may impact the Boone Creek Watershed. OWNER agrees to work with the CITY and City Engineer to consider the use of best management practices, where feasible, to minimize the development's potential impacts of stormwater runoff into the Boone Creek Watershed. 18. Sanitary Sewer and Water. (1) The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water, except the area of the SUBJECT PROPERTY zoned RS-1, to the north of Draper Road, which shall be developed without municipal water. 6i OWNER will be allowed to extend the municipal water and sewer lines to service the SUBJECT PROPERTY, and the CITY will service the development with water and sanitary sewer treatment facilities. Water and sanitary treatment plant and main capacity will be made available to the development on the same basis as it is made available to other developments. The CITY agrees to allow OWNER to prepay sanitary sewer tap fees and capital development fees to reserve available capacity if the CITY enters into a similar agreement with another developer, provided such capacity is not required to serve any currently approved development. (2) A portion of the SUBJECT PROPERTY is currently located outside of the CITY's Facility Planning Area (FPA) as determined by the Northeastern Illinois Planning Commission (NIPC) and the Illinois Environmental Protection Agency (IEPA). The CITY shall petition to amend the CITY's FPA boundary to include the entire SUBJECT PROPERTY. OWNER shall pay all costs associated with this application, including but not limited to the CITY's legal and engineering consultant fees. The CITY makes no representation or warranty that this FPA boundary amendment will be approved. OWNER and CITY agree that if the FPA Amendment is not approved, they shall cooperate to amend the Preliminary Plat in a configuration that does not unreasonably interfere with the development of the SUBJECT PROPERTY. (3) The CITY acknowledges that there is currently sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY, however, the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY. No action of the CITY regarding application to the Illinois or U.S. Environmental Protection Agency for permission to construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to constitute any representation, warranty, or reservation by the CITY to OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for connection permits. (4) OWNER shall cause to be financed and/or constructed all municipal sanitary sewer system and water supply and distribution system improvements required to meet the expected demand as a result of development of the SUBJECT PROPERTY, subject to credit for tap -on and capital improvement fees for sewage treatment plant improvements, and water tower, well, and treatment improvements. (5) The CITY shall exercise its power of eminent domain, if necessary, to assist OWNER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid sanitary sewer and water improvements. OWNER shall pay all eminent domain costs and expenses incurred by the CITY, including but not limited to attorney's fees, title charges, 1.1 appraisals, surveying cost, deposition cost, witness fees, litigation expenses and judgments in the acquisition of any easement. (6) CITY shall not require OWNER to install public sanitary sewers under the street pavement along the center of the public right-of-way; however, public sanitary sewers shall be installed within the public right-of-way. 19. Existing and Proposed Recapture Agreements. OWNER acknowledges that the SUBJECT PROPERTY is subject to an existing sanitary sewer reimbursement or "recapture" agreement between the CITY and Amoco Oil Company. OWNER shall pay the required recapture amount due under said agreement prior to connection to the CITY's sanitary sewer system to service the SUBJECT PROPERTY. OWNER further acknowledges that the SUBJECT PROPERTY is subject to a proposed sanitary sewer and water reimbursement or "recapture" agreement between the CITY and Gerstad Builders, Inc. OWNER shall pay the required recapture amounts, as certified by the CITY upon its execution of said agreement with Gerstad Builders, prior to connection to the CITY'S sanitary sewer and water systems. If said agreement is not executed prior to the OWNER's connection to the CITY's sanitary sewer and water systems, OWNER agrees to pay the required recapture amounts within thirty (30) days after execution of said agreement by the CITY and Gerstad Builders. 20. Vacation of Draper Road Right -of -Way. The CITY agrees to hold the required hearings and consider the vacation of the existing right-of-way for Draper Road that may no longer be required for access after completion of the realignment and construction by OWNER of the existing intersection of Draper and Curran Roads, in substantial conformance with the Preliminary Plat and this Agreement. OWNER shall pay for and prepare the recording and documentation for this vacation. 21. Temporary Signage. (1) Advertising_ Signs, The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of six (6) temporary subdivision advertising signs on the SUBJECT PROPERTY, at locations selected by the OWNER (off -site advertising signs shall not be permitted). The signs shall be two-sided or v-shaped, a maximum of sixty-four (64) square feet in area, eight (8) feet in height, and set back a minimum of ten (10) feet from the property line. The signs shall be removed when the SUBJECT PROPERTY has reached ninety (90) percent occupancy of the total number of residential units proposed, based upon issuance of Certificates of Occupancy. (2) On -Site Directional Signs. On -site directional signs identifying the sales office(s) and model(s) shall be allowed subject to approval by the Community 7 Development Department of the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before termination of sales office(s). (3) Temporary Marketing Signs. Upon payment of required permit fees to the CITY, temporary marketing signs shall be permitted to the OWNER for participation in the Festival of Homes sponsored by the Chicago Tribune. These temporary marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed for five (5) consecutive weeks at a time, not more than four (4) times a year. 22. Model Homes: Construction Trailers. (1) Model Homes. Upon the annexation of the SUBJECT PROPERTY and in advance of any final plat of subdivision or engineering approval, the OWNER shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy model units in one or more product lines being offered by the OWNER and to construct and maintain other appurtenant facilities for said model units, including temporary sanitary facilities and systems (when a permit is received from the McHenry County Health Department) in advance of the construction of sanitary, storm sewer, storm water detention facilities and water mains; provided, however, no such construction shall prejudice the power and right of the CITY to review, approve and disapprove final plats of subdivision and engineering plans for any parcel containing said models. OWNER shall have the to right to use said models, as well as their garages, for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the sales of dwellings on the SUBJECT PROPERTY. The CITY agrees to allow the OWNER to construct temporary parking facilities paved to the sidewalk with curb depressed or other appurtenances to the model units and sales offices subject to the approval of the Community Development Department of the CITY and compliance with all applicable codes of the CITY. (2) Construction Trailers. Construction trailers used to build homes shall be allowed in each phase of development, at locations to be approved by the Community Development Department of the CITY. Upon the sale of 75% of the lots in each phase, all construction trailers shall be removed from that phase of development. At all times during development of the SUBJECT PROPERTY, construction trailers shall be parked no closer than 300 feet from the nearest occupied home. 23. Underground Utilities. OWNER shall install underground, at OWNER's cost, all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development of the SUBJECT PROPERTY. R 24. Road Improvements and Contributions. (1) OWNER shall realign and construct the intersection of Draper and Curran Roads as part of the development of the SUBJECT PROPERTY, in substantial conformance with the configuration show on the Preliminary Plat. OWNER agrees to incorporate this reconstruction into the subdivision improvement plans for the first final plat of subdivision for the SUBJECT PROPERTY, and shall follow all design review, letter of credit, and bonding requirements required by the ordinances of the CITY or other controlling jurisdictions. (2) OWNER acknowledges and agrees that several existing intersections and roads within or near the SUBJECT PROPERTY are not currently improved to meet traffic volumes expected as a result of development of the SUBJECT PROPERTY. OWNER acknowledges and agrees that these intersections and roads shall be financed and improved by OWNER and/or the CITY as part of the development of the SUBJECT PROPERTY, in substantial conformance with Exhibit E, entitled "Preliminary Offsite Roadway Geometrics", prepared by Manhard Consulting, Ltd., dated 1/5/01, and last revised on 5/31/01, and Exhibit F, entitled "Road Improvements and Contributions," prepared by the CITY, dated June 21, 2001, attached hereto and made a part of this Agreement by reference (hereinafter collectively referred to as "Traffic Improvement Plan"). The CITY and OWNER acknowledge and agree that the OWNER's participation in financing or improving off -site intersections shall be based on the proportionate cost of the improvements necessary to meet the traffic demand expected as a result of development of the SUBJECT PROPERTY. (3) The CITY's approval of final plats of subdivision may be conditioned on the OWNER's monetary contributions and/or improvements to existing intersections and roads in substantial conformance with the Traffic Improvement Plan, including representations on the plan regarding donation amounts and the timing of construction or donations by the OWNER. 25. Right -of Way Dedication - Curran Road. (1) OWNER shall dedicate the right-of-way for Curran Road to the CITY in the configuration provided on the Preliminary Plat upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY, or at such earlier time as requested by the CITY. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. 0 (2) OWNER acknowledges that McHenry County is currently conducting a Feasibility/Corridor Study to develop a recommended alignment for the Route 31 West McHenry Bypass. The final recommendation of this study has not been made, and therefore, the alignment of the bypass through the SUBJECT PROPERTY provided on the Preliminary Plat is subject to change. OWNER agrees and shall cooperate with the CITY to amend the Preliminary Plat of the SUBJECT PROPERTY to alter the dedicated right of way referenced in paragraph 25(a), as directed by the CITY, in a configuration that does not unreasonably interfere with the development of the SUBJECT PROPERTY. (3) The CITY agrees to notify the appropriate authorities that the CITY supports and shall use its best efforts to designate the right-of-way along the Curran Road, in the location shown on the Preliminary Plat, as the final alignment of the Route 31 West McHenry Bypass. 26. Park Land Dedication. OWNER shall convey and dedicate to the CITY, for unrestricted public use, the area on the Preliminary Plat designated as "Park 17 Acres" upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall pay to the CITY three thousand dollars ($3,000) to be used to assist the CITY in developing a plan for the Park Site. OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for active park and recreation purposes. The CITY will maintain the park site upon conveyance. 27. Tot Lot Dedication and Improvement. OWNER shall convey and dedicate to the CITY, for unrestricted public use, the two (2) areas on the Preliminary Plat designated as a " Park," and described as a one and three -tenths (1.3) acre park within Neighborhood #5 and a one and two -tenths (1.2) acre park within Neighborhood #6, upon approval of the final plat(s) of subdivision including these Tot Lot sites. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall improve both of said Tot Lots with playground equipment, landscaping, and other amenities, as described in this paragraph and on Exhibit G, entitled "Standard Tot Lot Design", prepared by the CITY, dated 6/12/01, The CITY shall give a credit of one hundred thousand dollars ($100,000) towards the 10 Parks component of the required Cash Contributions, as described in this Agreement, for future improvements to these two Tot Lots. The minimum design standards for The Tot Lot improvements shall be based on the following criteria, but shall be subject to CITY review and approval, and shall be installed in accordance with accepted standards for the construction of similar facilities within the CITY: (1) A minimum of two sidewalks shall be provided for access from the public sidewalk to the play equipment; (2) All play equipment shall be in an area of a size to meet the recommended fall zone for all such equipment, and shall be enclosed by a concrete barrier curb. Curb depressions shall be provided to allow accessibility into the play area; (3) The surface under all play equipment shall be Fibar System 300 or equivalent; (4) Play equipment shall consist of the following: Climbing Units (Game Time Power Scape or equivalent), Swings (Game Time Prime Time Swing Frames with Seats or equivalent), Spring Animals (three (3) Game Time Saddle Mate Spring Animals or equivalent); (5) A minimum of four (4) benches shall be provided; (6) Landscaping shall be provided, installed and guaranteed for a period of two (2) years. Plans for landscaping shall be subject to CITY review and approval. 28. School Land Dedication. OWNER shall convey and dedicate to the Community Consolidated School District No. 15 ("District No. 15"), for unrestricted public use, the area on the Preliminary Plat designated as "School Site" upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY and District No. 15 shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for construction of an educational facility. 29. Fire Protection District Dedication. OWNER shall convey and dedicate to the McHenry Township Fire Protection District ("Fire District"), for unrestricted public use, the area on the Preliminary Plat designated as "Fire Station Site" upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY. This conveyance shall be made by recordable warranty deed or such other conveyance 11 as the CITY and Fire District shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for construction of a fire station. 30. Emergency Warning Signal. Prior to the CITY's approval of OWNER's first final plat of subdivision, OWNER shall convey and dedicate to the CITY, for unrestricted public use a parcel of land on the SUBJECT PROPERTY of sufficient size to accommodate an emergency warning signal. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. OWNER shall provide for future electrical utility connections, and the site shall be final graded and seeded in conjunction with OWNER's development of the phase in which said property is located. The slope, topography, and geology of the dedicated site must be suitable for the construction of an emergency warning siren and tower. 31. Neighborhood #1 - Reservation for Purchase by the CITY. For a period of three (3) years following the execution of this Agreement, the CITY shall have the first and exclusive option to purchase the acreage of the SUBJECT PROPERTY to the east of Curran Road, identified as Neighborhood #1 on the Preliminary Plat ("Neighborhood #1") on the same terms and conditions as may be offered to the OWNER by any bona fide purchaser. Prior to OWNER accepting any offer from any bona fide purchaser, OWNER shall provide CITY or its designee with a copy of the offer. The CITY or its designee shall have sixty (60) days from the receipt of the offer to accept or refuse the terms offered by said bona fide purchaser. If CITY or its designee elects to purchase Neighborhood #1, it shall mail written notice to OWNER signifying its commitment to purchase Neighborhood #1 within sixty (60) days. The CITY shall close the purchase within a reasonable time frame not to exceed 180 days from its notice. If the sale to the CITY or its designee is consummated, then the maximum number of new residential dwelling units (including single-family detached and townhome units) permitted and constructed on the SUBJECT PROPERTY, as provided in this agreement, shall be reduced to six hundred and twenty-one (621). In the event the CITY shall not commit to purchase or its designee shall elect not to purchase Neighborhood #1 within said sixty (60) day period, the OWNER shall be entitled for a period of sixty (60) days thereafter to sell to any purchaser willing to accept the terms offered to the CITY. If OWNER is not able to sell upon such terms within said sixty (60) day period, then the CITY's right of first offer specified herein shall be deemed automatically reinstated. 12 32. Donations, Contributions, and Fees. OWNER acknowledges that the development of the SUBJECT PROPERTY will impact on schools, parks, the library and fire protection districts and other public services within the CITY. To reduce the effects of this impact, and as a condition of this Agreement, OWNER shall be obligated to pay and/or donate, or cause to be donated to the CITY, or provide improvements for the benefit of the CITY as follows- (1) Annexation Fees. 1. OWNER shall pay to the CITY the lump sum of $300,000 within ninety (90) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. 2. Prior to CITY approval of a final plat of subdivision of any portion of the SUBJECT PROPERTY, OWNER shall pay to the CITY the sum of $500 times the gross number of acres included in the subdivided area. 3. OWNER shall pay to the CITY the sum of $546 per residential unit, including single-family and multi -family units, constructed on the SUBJECT PROPERTY upon issuance of each building permit. 4. OWNER shall pay to the CITY the sum of $1,838 per residential unit $1,030 to School District NO. 15, $750 to School District No. 156 and $58 to the Library District) constructed on the SUBJECT PROPERTY upon issuance of each Certificate of Occupancy. (2) Cash Donations. OWNER shall pay to the CITY certain Cash Donations per residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. The Cash Donations payable by the OWNER to the CITY shall be calculated as follows: School Districts Parks Library Dist. Fire Dist. Total per Unit Single -Family Detached Totall 156 15 2 or Less Bedrooms $1,035 $725 $310 $1,468 $258 $258 $3,019 3 Bedrooms $2,373 $1,663 $710 $2,109 $258 $258 $4,998 4 Bedrooms $2,727 $1,911 $816 $2,739 $258 $258 $5,982 5 or More Bedrooms $2,396 $1,679 $717 $2,743 $258 $258 $5,655 Single -Family Attached 1 Bedroom $0 $0 $0 $868 $258 $258 $1,384 2 Bedrooms $869 $609 $260 $1,448 $258 $258 $2,833 3 Bedrooms $983 $689 $294 $1,740 $258 $258 $3,239 4 Bedrooms $2,367 $1,659 $708 $2,288 $258 $258 $5,171 13 The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash Contribution Amounts". 2. CITY acknowledges and agrees that the nineteen and one-half acre Park Site and Tot Lots, and the one -hundred thousand dollar ($100,000) credit for future Tot Lot improvements represents fifty three percent (53%) of the park donations required by CITY ordinances; and the ten (10) acre School Site represents seventy-seven percent (77%) of the school donations required by CITY ordinances for School District 15. 3. In the event the Minimum Cash Contribution Amounts, as calculated above, are less than the cash donation amounts set forth in the CITY's ordinances, as amended from time to time, an amount equal to the amounts specified in the CITY's ordinances, after adjustments as calculated above for land donations, shall be paid, rather than the Minimum Cash Contribution Amount provided in this Agreement. 4. In the event the CITY's cash contribution ordinance, or any other ordinance of the CITY relating to cash contributions for schools, parks, library and fire protection districts, is repealed or declared by a court of law to be found unenforceable and all appeals have been exhausted, OWNER agrees to pay, subsequent to such final court action, the Minimum Cash Contribution Amounts set forth in this Agreement. In the event such final court order requires the CITY or School Districts to return or refund monies paid by the OWNER pursuant to the CITY's ordinances, OWNER expressly agrees to allow the CITY or School Districts to retain the Minimum Cash Contribution Amounts previously paid by the OWNER. It is the express intent of the OWNER to release the CITY and School Districts from any liability or obligation to refund the Minimum Cash Contribution Amount paid pursuant to this paragraph under any circumstances. (3) Release. OWNER hereby releases the CITY, School Districts 15 and 156, Library District, and Fire Protection District from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. OWNER agrees not to pay any fees under protest. 14 (4) Donations Distinguished from Fees. Other than the donations specified in the foregoing paragraphs, during the term of this Agreement, and irrespective of any existing, new or revised donation ordinances of the CITY, OWNER shall not be required to donate any land or money to the CITY, or by action of the CITY, to any other governmental body. Building permit fees, water and sewer connection and capital development fees, and other similar fees which are charged for specific services provided by the CITY, shall be payable in accordance with the CITY ordinances in existence and as amended from time to time, except as specifically provided in this Agreement. (5) Distribution. That portion of these fees to be distributed to the schools, as determined exclusively by the CITY, may be distributed for the benefit of some or all schools within School Districts 15 and 156, at the discretion of the City Council. To the extent any of these funds are distributed to said School Districts, they may be used for operating expenses at those schools within School Districts 15 and 156, as directed by the City Council, at the time of distribution. In the event a distribution agreement in a form approved by the CITY is not executed by the School Districts prior to distribution of said funds to the School Districts, the CITY may retain the entire amount paid pursuant to this paragraph for CITY use. Nothing herein is intended to create third party beneficiary rights in School Districts 15 and 156 or the Library District. (6) Annual Adjustment. At the end of each one-year period, with the first one- year period beginning May 1, 2001, the fees referenced in the preceding paragraphs a) ii, a) iii, a) iv, and b) i shall be adjusted upward by the percent that the Chicago Area Consumer Price Index has moved upwards since December 31, 2000, and every December 31 st thereafter. For the purpose of this paragraph, the price index to be used for comparative purposes shall be that index for the annual average Chicago area CPI-U, as published by the United States Department of Labor, Bureau of Labor Statistics. 33. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 34. Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the SUBJECT PROPERTY, in whole or part, is transferred to successors in interest, future amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the SUBJECT PROPERTY. 15 35. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be in default specifying the nature of said default, and thirty (30) days elapses from the receipt of said default notice without the default being cured. Notice shall be in writing and delivered via certified mail, addressed as follows: CITY City Administrator John A. Lobaito 333 S. Green Street McHenry, IL 60050 Trust No. 2-41693 The Northern Trust Company 50 S. LaSalle Street Chicago, IL 60675 Trust No. 4686 Home State Bank, N.A. 40 Grant Street Crystal Lake, IL 60014 Shamrock Farms Development, LLC 1036 Estate Lane Lake Forest, IL 60045 36. Stop Orders. The CITY will issue no stop orders directing work stoppage on buildings or parts of the development without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its intention to issue stop orders at least twenty-four (24) hours in advance of the actual issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 37. Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all successors and assigns in title. If during the term of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, subdivision, construction of improvements, buildings, appurtenances and all other development of the SUBJECT PROPERTY, are amended or modified in any manner so as to impose more restrictive requirements, such more restrictive requirements shall be enforceable as applied to the SUBJECT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 16 38. Obligations. All obligations of the OWNER in this Agreement, including monetary obligations in existence now and in the future, as a result of this Agreement, shall constitute covenants running with the land and such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue. 39. Enforceability. It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal court. In the event that either party to the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. 40. Waiver. The failure of the CITY to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. 41. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes and Preliminary Plat described herein and the ordinances adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised hear from and the invalidity thereof shall not affect any of the other provisions contained herein. 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY Attest: Jones / Me IforMM Truet Q=VaaT Vxb"A a title It3shi"d �pt "naftall7 but as Trustee ae elonewd, and is oM O}a be held liable in its individual capacity I" gap way by reas� of the s(me. Any recourse heleuddat ib 16 Bs Lady against the trust "tau. Northern Trust Company Trust No. 2-41693 not individually, but as Trustee Under a Trust ,Akgreement dated September 12, and kfi6Am as Tru"o. A-41693 M Print Name: ZOGER C. CLARK Its: 'yj" MSIDENA This Instrument Is executed by Home State Bankl45U0rM Association, Crwt:)l Lake, IL , not personaAy but oolaly as Trustee as of-,rc- All the covenants and oorKN om to be performed h- �a�= Stara 13ank/Nationel Assoaabci ar it so'21y as Trustee as aforesaicran_ _`,ndually and no personal liability shall be asserted or h- ai norceable against Home State Bank/Naticnai Asscc Ition by reason of any of the covenants, statements, representations or warranties contained in this instrument. Home State Bank Trust No. 4686 not individually, but as Trustee Under a 1973, Trust Agreement dated July 23, 1998, and known Trust No. 4686* 7 s Print Name: THOMAS W. BARANKO VICE PRESIDENT & TRUST OFFICER Its: Shamrock Farms Development LLC, which is the contemplated developer of the SUBJECT PROPERTY joins in this Annexation Agreement for the express purpose of unconditionally and irrevocably guaranteeing performance and payment of all obligations of the OWNER set forth in such agreement. *The parties agree that the performance obligations set forth in this Agreement are not those of Home State Bank Trust No. 4686, the beneficiaries of said trust, or their successors and/or assigns. 18 Shamrock Farms Development LLC 1 WN George Johnson, who represents and warrants that he is the sole beneficiary of Northern Trust Company Trust No. 2-41693 and that the land owned by said Trust has a value of not less than $5,000,000 in excess of encumbrances thereon joins in this Annexation Agreement for the express purpose of confirming that pursuant to this Agreement, 1. the City of McHenry has lien rights enforceable against said land in accordance with Section 38 thereof, and 2. the City of McHenry has rights of specific performance which can be enforced against said land in accordance with Section 3 19 Exhibit A Legal Description of the SUBJECT PROPERTY PARCEL I: The Northwest Quarter of the Northwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian (excepting therefrom the North 380.0 feet of the West 573.16 feet): Also of the Northeast Quarter of the Northwest Quarter of said Section 33, (excepting therefrom the East 30 acres thereof): Also of the Southwest Quarter of the Northwest Quarter of said Section 33 (excepting therefrom the South 30 acres thereof): Also of the North Half of Section 32, Township 45 North, Range 8 East of the Third Principal Meridian (excepting therefrom the North 100 acres thereof: Also excepting therefrom that part thereof conveyed by William A. Saylor and wife, to Frank Grasser by Warranty Deed dated March 1, 1909 and recorded in the Recorder's Office of McHenry County, Illinois, in Book 127 of Deeds, page 452: Also of the West Half of the Southeast Quarter of said Section 32: Also of the Northeast Quarter of the Southeast Quarter of said Section 32: Also of the North 528.0 feet of the East 1650.0 feet of the Southwest Quarter of said Section 32, all in McHenry County, Illinois. PARCEL II: That part of the Southeast Quarter of Section 31 and of that part of the Southwest Quarter of Section 32, all in Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast Corner of the Southeast Quarter of Section 31 and running thence West on the South line thereof, for a distance of 21.12 feet to a point; thence North parallel to the East line thereof for a distance of 531.29 feet to a point; thence East at the right angles to the last described line, at the last described point, for a distance of 265.52 feet to a point; thence Northwesterly on a line forming an angle of 94 degrees 43 minutes 30 seconds to the left with a prolongation of the last described line, at the last described point, for a distance of 352.64 feet to a point in the centerline of a public highway running in a Northeasterly and a Southwesterly direction and commonly known as Draper Road; thence Northeasterly on the centerline of said road, for a distance of 2153.05 feet to a point on a line drawn 528 feet South of and parallel to the North line of the Southwest Quarter of Section 32; thence East on said parallel line for a distance of 660.88 feet to a point on the East line of the Southwest Quarter of Section 32; thence South on the East line thereof, for a distance of 2107.03 feet to the Southeast Corner thereof; thence West on the South line of the Southwest Quarter of said Section 32, for a distance of 2640.61 feet to the place of beginning, in McHenry County, Illinois. PARCEL III: The Northwest Quarter of Section 5 (excepting the South 65 acres of said Northwest Quarter; also except the West 706.44 feet of the South 450.00 feet of the North 1200.0 feet of said Northwest Quarter) in Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. ARCHITECTURAL STANDARDS SHAMROCK FARM McHenry, Illinois Shamrock Farms Development L.L.C. COMMUNITY ARCHHEMRAL STANDARDS January 24, 2001 (Revised July 18, 2001) Contents Introduction......................................................................................................................................................... 3 TheReview Process............................................................................................................................................. 3 The Architectural Review Committee................................................................................................................... 4 Reviewand Approval Flow Chart......................................................................................................................... 5 CommunityCharacter......................................................................................................................................... 6 CommunityDesign Theme................................................................................................................................. 7 General Site Development Guidelines.................................................................................................................. 8 CommunityInfrastructure ................................................................................................................................... 9 . Architectural Character and Style RS-1 Neighborhoods................................................................ ....................10 Exterior Materials and Finishes RS-1 Neighborhoods........................................................................................ 11 ElevationVariety RS-1 Neighborhoods................................................................................................................ 12 Architectural Character and Style RS-2 Neighborhoods..................................................................................... 13 Exterior Materials and Finishes RS-2 Neighborhoods........................................................................................ 14 Elevation Variety RS-2 Neighborhoods............................................................................................................... 15 Architectural Character and Style RA-1 Neighborhoods.....................................................................................16 Exterior Materials and Finishes RA-1 Neighborhoods....................................................................................... 17 Multifamily Service Areas & Equipment............................................................................................................ 18 Scaleand Massing............................................................................................................................................. 19 Roof Accessories, Gutters and Downspouts........................................................................................................ 20 Chimneys........................................................................................................................................................... 20 Front Entry, Service, Patio, and Garage Doors................................................................................................... 21 Decks, Porches, and Balconies........................................................................................................................... 22 ExteriorColors................................................................................................................................................... 23 Single Family Accessory Structures..................................................................................................................... 24 Mailboxes.......................................................................................................................................................... 25 Buildingand Yard Lighting................................................................................................................................ 26 Pools/Spas/Water Features ................................................................................................................................. 27 CommunityFence Program.............................................................................................................................. 28 General Landscape Guidelines........................................................................................................................... 29 Single Family Landscape Planting Requirements.............................................................................................. 30 MultifamilyLandscape Design.......................................................................................................................... 31 Multifamily Landscape Planting Requirements................................................................................................. 32 LandscapeMaintenance..................................................................................................................................... 33 Neighborhood Signage Character& Style........................................................................................................... 34 SignageMaintenance........................................................................................................................................ 34 SalesTrailer Requirements................................................................................................................................ 35 On -Site Construction Trailer Requirements....................................................................................................... 35 General Rules For Builders, Subcontractors & Warranty Personnel................................................................... 36 Comprehensive Architectural Review Checklist.................................................................................................. 37 Preliminary Design and Planning Review Application...................................................................................... 38 FinalApplication Checklist: ................................................................................................................................ 39 COMMUNITY ARCHITECTURAL STANDARDS Introduction The purpose of these architectural standards is to define the criteria that will guide development at Shamrock Farm. Like any community, Shamrock Farm will grow gradually over a period of years. Its ultimate form will reflect the numerous design decisions of builders and their design teams. These standards are intended to provide the foundation upon which Shamrock Farm will emerge. The architectural standards have been prepared to assist builders, planners, architects, engineers and landscape architects to become active participants in the design process, and to assure long term community quality. They are not intended to limit development choices or design alternatives, but rather to encourage creativity, innovation, and architectural diversity, while creating a blend of home styles which will enhance the community environment. The ultimate result will be to heighten property values while creating a cohesive residential character and appeal. These standards have been adopted pursuant to the Shamrock Farm Declaration of Covenants, Conditions, Restrictions & Easements. All building and development at Shamrock Farm must conform with these architectural standards, the Shamrock Farm Annexation Agreement, and the City of McHenry building code and zoning ordinance where these ordinances do not conflict with the Annexation Agreement. The Review Process The standards also outline an efficient and equitable review process that will be administered by the Shamrock Farm Architectural Review Committee. The ARC has been established in recorded documents governing the project, for the purpose of implementing the Architectural Standards. A representative of the Architectural Review Committee is available to help you interpret the standards, offering suggestions about your housing concepts. We urge you to meet with the Architectural Review Committee representative as early as possible to assist in your decision to build at Shamrock Farm. 3 COMMUNITY ARCHITECTURAL STANDARDS The Architectural Review Committee All proposed building and development within the overall community of Shamrock Farm must be reviewed and approved by the Shamrock Farm Architectural Review Committee prior to seeking City approval. The Architectural Review Committee consists of three members appointed by the Shamrock Farm Development L.L.C. The committee will review each builder's development package for conformance to Shamrock Farm architectural standards, and will review individual home owner's submittals using the same standards. All reviews, substitutions and approvals by the Architectural Review Committee will be considered binding and final. Representatives of the Architectural Review Committee will stay intact as a functional governing body until such time that the entire Shamrock Farm community is 85 % complete. At such time, review and authoritative power will be transferred to the Shamrock Farm Homeowners Association. The Architectural Review Committee will have authority over both new construction and exterior remodels, additions and other improvements. The Architectural Standards should be used as a tool by each submitting builder or homeowner for making decisions on their neighborhood, product and planning design schemes. To obtain specific information on the requirements and procedures for design review contact Shamrock Farm Development L.L.C. 4 COMMUNITY ARCHITECTURAL STANDARDS Review and Approval Flow Chart Step One RESEARCH AND REVIEW • Community Architectural Standards • City of McHenry Building and Zoning Requirements • Shamrock Farm Annexation Agreement • Shamrock Farm Declarations of Covenants, Conditions, Restrictions, and Easements(CCR'S) Step Two PRELIMINARY REVIEW REQUIREMENTS • Completion of Preliminary Design & Planning Review Application • Meeting between Architectural Review Committee and Builder • Preliminary approvals to proceed or recommendation for change Step Three FINAL REVIEW REQUIREMENTS • Submittals of two (2) Design Packages with appropriate exhibits and completion of relevant portions of Final Design and Planning Review Application • Meeting between Architectural Review Committee and Builder • Final sign -off and approvals by Architectural Review Committee to proceed or recommendations for change FUTURE EXTERIOR REMODELING AND ADDITIONS • Completion of relevant portions of Preliminary Design and Planning Review Application • Meeting between Architectural Review Committee and Builder or Owner. • Submittals of two (2) Design packages with appropriate exhibits and completion of relevant portions of Final Design and Planning Review Application. • Final review, sign -off and approvals by Architectural Review Committee to COMMUNITY ARCHMECT URAL STANDARDS Community Character Shamrock Farm is a planned 600 acre community located in the rolling farmlands in the lakes region of McHenry County. Eventually it will be home to approximately 761 new residences surrounded by many parks and natural areas. Shamrock Farm is envisioned as a new multi -use community intended to provide a comfortable and rewarding environment in which to live and play. A coherent and orderly pattern of "neighborhoods", natural open space, and planned amenities will merge with the site's natural characteristics, beauty, and history. Curran and Draper Roads are the roadways that will provide convenient access to this 600 acre community.,A new internal roadway system will connect the various residential neighborhoods and provide easy access to the remainder of the community's amenities. A key recreational element will be the Shamrock Farm Club. This facility will feature year-round activities and entertainment for all residents at Shamrock Farm. 6 COMMUNITY ARCHITECTURAL STANDARDS Community Design Theme Over 160 acres of open space have been incorporated into the Shamrock Farm plan. The open space protects the environmentally sensitive and naturally occurring wetland and drainageway system on site. Adjacent to the open wetlands will be walking and biking trails and preserves, lakes, parks, scenic views, natural areas, and passive recreational areas. These permanent open space areas constitute more than 30% of the Shamrock Farm plan. Each Shamrock Farm neighborhood entry will provide a sense of it being a special place, highlighted with a landscaped monument. Coordinated signage throughout the community is designed to project a high quality hometown image, in keeping with the tradition of the land.. As mentioned, Shamrock Farm will develop as a planned community. Like many cities, a wide variety of housing types and land uses will be provided. This mix will create a unified small town feeling among the future residents of this diversified community. The parks, lakes, and open space in the community will offer opportunities for community events and friendly social interaction. It is the goal of the Developer to offer a variety of home designs and life-style choices from area builders who have a reputation for quality craftsmanship. 7 COMMUNINY ARCHITECTURAL STANDARDS General Site Development Guidelines A Final Development Plan for each single family neighborhood has been approved by the City. While final development plans have also been approved for multifamily neighborhoods, where possible each Builder is free to alter specific multifamily neighborhood plans so long as it is consistent with the spirit of these guidelines and the overall theme of the community, matches the type of land use purchased, does not deleteriously affect surrounding neighborhoods, is approved by the Developer, the ARC, and the City, and otherwise complies with all applicable rules and regulations. Where a Builder seeks to alter any neighborhood plan, the following general framework of site design and improvement guidelines has been developed to ensure the successful integration of each neighborhood into the overall community. • Common community design elements will be repeated to integrate each neighborhood into the overall community. • The siting of the buildings and improvements should focus on maintaining "quality views". • Site Planning must consider the context of the neighborhood within the community: The placement of buildings and streets, grading design, landscaping and buffer yard locations, and relationships to adjacent properties. • Vacant homesites shall be kept free of all rubble and debris and mowed at a height not to exceed 8". • Trees that are to be preserved are to be protected to the limit of their roots from construction equipment by fencing off with temporary snow fence for protection. Fenced in areas shall not be used for any type of material storage or use other than as a root protection zone. • Building setbacks are established in the McHenry Zoning Ordinance, and shall be the minimum allowed. • All improvements shall conform to the overall approved Final engineering plan. • Effective erosion control measures shall exist throughout the construction phase of each neighborhood, consistent with the erosion control plan in the Utility Plan. These measures may include temporary swales, berms, siltation fences, straw bales, and temporary sedimentation ponds. All erosion control devices and protective fencing shall be maintained at all times. • All grading shall comply with overall stormwater management and wetland mitigation plans. • Site and drainage plans must be designed to prevent run-off, protect wetlands and insure proper retention/detention. • The visual impact of parked automobiles shall be minimized where applicable through careful siting and screening of roads and parking areas. • Any proposed changes to site and/or engineering plans must be reviewed and approved by the Developer, the ARC, and the City. The above standards supplement all other requirements contained in eacb builders' Purcbase Agreement, the Shamrock Farm Annexation Agreement and all other applicable municipal, state, and federal laws and ordinances. 8 COMMUNITY ARCHITECTURAL STANDARDS Community Infrastructure The final Engineering plan has been prepared by the Developer and approved by the City. This plan indicates what utilities and infrastructure improvements will be provided to each neighborhood. In general, in all single family neighborhoods, all infrastructure requirements will be completed by the Developer. All single family lots are available as finished lots with all utilities available to each lot. Individual lot utility connections, final lot grading and landscaping are the responsibility of the builder, upon approval of site and landscape plans by the Architectural Review Committee. Multifamily neighborhoods will have utilities available to the site. All internal utility requirements and connections, grading and landscaping are the responsibility of the multifamily neighborhood builder, subject to approval by the Developer. A copy of The Final Engineering Plan may be obtained from the Developer. Erosion control at Shamrock Farm is an important component of environmental responsibility. Woods, wetlands and lakes are all significant natural features which enhance the value of Shamrock Farm. These features are vulnerable to erosion damage stemming from construction activities. Builders and/or developers will be expected to install and maintain erosion control and siltation management devices as required by local, state and federal jurisdictions and approved by the Developer. All multifamily neighborhoods must abide by the erosion control plan for Shamrock Farm. 9 COMMUNITY ARCHITECTURAL STANDARDS Architectural Character and Style RS--1 Neighborhoods While dwellings in Shamrock Farm are not restricted to a particular style, it is encouraged that a traditional character be established which is consistent with traditional Americana. Single family communities should either mix styles within an individual neighborhood or create an entire neighborhood around a specific theme. These homes shall maintain a minimum of 2800 sf of livable area and a 3 car garage on all models. Alternate elevation shall be distinctive enough to avoid monotony. All proposed designs are subject to approval by the Architectural Review Committee, and all neighborhoods must comply with the anti - monotony provisions contained in the Annexation Agreement. APPROPRIATE • Interpretations of historical styles. • Traditional character. • Mixed use of a variety of traditional architectural styles and materials. 10 COMMUMY ARCHITECTURAL STANDARDS Exterior Materials and Finishes RS-I Neighborhoods Materials and trim selections must take into account the nature of the individual home styles and be reflective of their traditional appearance and prominence in the RS-1 neighborhoods. Alternate elevations should incorporate the use of natural materials such as wood siding, brick and stone. Synthetic stucco shall be an acceptable material in the RS-1 district. Horizontal wood band boards, corner boards, window and door trims, shutters, frieze boards and mouldings are encouraged. Entries are encouraged to be oriented to the street, and shall receive additional emphasis and detail. Flush rakes and long expanses of flat wall planes are discouraged to help eliminate a boxy appearance. Traditional "returned" eaves and other appropriate period details shall be used for neighborhood consistency. Continuing masonry veneers around corners for a minimum of 2' helps eliminate a "shirt -front" appearance and is encouraged. Gutters, downspouts and splash blocks are required and should be considered with each elevation design. APPROPRIATE • All natural materials or other approved alternates. Aluminum or vinyl siding shall not be used. • Wood shake roofing or articulated composite shingles are acceptable. • Masonry fireplaces and/or masonry -clad chimneys on exterior walls. Interior chimney chases shall be consistent with the primary cladding of the house. 11 COMMUM7Y ARCHITECTURAL STANDARDS Elevation Variety RS-1 Neighborhoods To create diversity and individuality throughout neighborhoods, and to comply with the anti - monotony standards in the Annexation Agreement, it is critical that a variety of styles and color packages be provided for homes in proximity. It is encouraged that side loaded garages or rear loaded garages be incorporated where practical and possible, along with front loaded garages to provide additional diversity and to reduce the impact of numerous garage doors on the streetscape. Use of single and double garage doors is also encouraged. APPROPRIATE • A minimum of 2 elevation themes for each single family plan type. • A minimum of 4 color packages. • Creative mixing and interaction of plan types, color packages, or elevation themes within the neighborhood. 12 COMMUNI7Y ARCHIlECTURtJL STANDARDS Architectural Character and Style RS-2 Neighborhoods While dwellings in Shamrock Farm are not restricted to a particular style, it is encouraged that a traditional character be established which is consistent with traditional Americana. Single family communities should either mix styles within an individual neighborhood or create an entire neighborhood around a specific theme. These homes shall maintain a minimum of 1800 sf on ranch plans and 2000 sf on all two story plans. All proposed designs are subject to approval by the Architectural Review Committee, and all neighborhoods must comply with the anti - monotony provisions contained in the Annexation Agreement. APPROPRIATE • Interpretations of historical styles. • Traditional character. • Mixed use of a variety of traditional architectural styles and materials. 13 COMMUNITY ARCHITECTURAL STANDARDS Exterior Materials and Finishes RS-2 Neighborhoods Materials and trim selections must take into account the nature of the individual home styles and be reflective of their traditional appearance and prominence in the RS-2 neighborhoods. Alternate elevations should incorporate the use of natural materials such as wood siding, brick and stone. Synthetic stucco shall be an acceptable material in the RS-2 district. Horizontal wood band boards, corner boards, window and door trims, shutters, frieze boards and mouldings are encouraged. Flush rakes and long expanses of flat wall planes are discouraged to help eliminate a boxy appearance. Traditional "returned" eaves and other appropriate period details shall be used for neighborhood consistency. Continuing masonry veneers around corners for a minimum of 2' helps eliminate a "shirt -front" appearance and is encouraged. Gutters, downspouts and splash blocks are required and should be considered with each elevation design. APPROPRIATE • All natural materials or other approved alternates. Aluminum or vinyl siding are an acceptable material. • Heavyweight fiberglass or articulated composite shingles are acceptable. • Masonry -clad chimneys are not required on exterior walls. Interior chimney chases shall be consistent with the primary cladding of the house. Traditional Returned Eaves Band Boards On Two Story Elevations Comer Boards/Frieze Boards/Window Trim 14 COMMUNITY ARCHITECTURAL STANDARDS Elevation Variety RS-2 Neighborhoods To create diversity and individuality throughout neighborhoods, and to comply with the anti - monotony standards in the Annexation Agreement, it is critical that a variety of styles and color packages be provided for homes in proximity. It is encouraged that side loaded garages or rear loaded garages be incorporated where practical and possible, along with front loaded garages to provide additional diversity and to reduce the impact of numerous garage doors on the streetscape. Use of single and double garage doors is also encouraged. APPROPRIATE • A minimum of 2 elevation themes for each single family plan type. • A minimum of 4 color packages. • Creative mixing and interaction of plan types, color packages, or elevation themes within the neighborhood. 15 COMMUM7Y ARCMTBCTURAL STANDARDS Architectural Character and Style R44 Neighborhoods While dwellings in Shamrock Farm are not restricted to a particular style, it is encouraged that a traditional character be established which is consistent with traditional Americana. Multi -family communities should either mix styles within an individual neighborhood or create an entire neighborhood around a specific theme. A minimum of 50% of exterior walls of all buildings and structures with the RA-1 neighborhoods shall be faced with brick or masonry veneers, natural stone, cast stone veneers, or other masonry materials. (City of McHenry Municipal Code) . Also, two car garages are a minimum requirement and elevation styles with strong theming and appropriate detailing are encouraged. All proposed designs are subject to approval by the Architectural Review Committee, and all neighborhoods must comply with the anti - monotony provisions contained in the Annexation Agreement. APPROPRIATE • Interpretations of historical styles. • Traditional character. • Related architectural themes specific to each building type. • Mixed use of a variety of traditional architectural styles. • Variations of the house plane from the front yard setback to help soften the garage streetscapes. • Side loaded garages are encouraged wherever feasible. 16 COMMUNITY ARCHITECTURAL STANDARDS Exterior Materials and Finishes RA-1 Neighborhoods Materials and trim selections must take into account the nature of the individual home styles and be reflective of their traditional appearance and prominence in the RS-1 neighborhoods. Alternate elevations should incorporate the use of natural materials such as wood siding, brick and stone. Synthetic stucco shall be an acceptable material in the RA-1 district. (Please refer to the City of McHenry building code for minimum areas of masonry on all elevations.) Horizontal wood band boards, corner boards, window and door trims, shutters, frieze boards and mouldings are encouraged. Flush rakes and long expanses of flat wall planes are discouraged to help eliminate a boxy appearance. Traditional "returned" eaves and other appropriate period details shall be used for neighborhood consistency. Continuing masonry veneers around corners for a minimum of 2' helps eliminate a "shirt -front" appearance and is encouraged. Gutters, downspouts and splash blocks are required and should be considered with each elevation design. APPROPRIATE All natural materials or other approved alternates. Aluminum or vinyl siding are an acceptable material. Heavyweight fiberglass or articulated composite shingles are acceptable. Masonry -clad chimneys are not required on exterior walls. Interior chimney chases shall be consistent with the primary cladding of the house. Traditional Returned Eaves Band Boards On Two Story Elevations Corner Boards/Frieze Boards/Window Trim 17 COMMUNITY ARCHHBGTURAL STANDARDS Multifamily Service Areas & Equipment Where possible, meters and outdoor mechanical equipment should be located for easy access but screened from street views with landscaping or architectural screening as described in the landscape guidelines. Satellite dishes greater than 18" diameter are not permitted, and screening will be required where appropriate. Individual trash collection service should be provided to townhome units. Where applicable, preferred locations for receptacles include: the end of parking courts, along interior and secondary access routes, and away from building entrances. Trash receptacles should be fully screened by a fence or wall that is compatible with the building's material and style, as well as with the community theme. Access gates should be self -closing and detailed to blend with materials used throughout the community. Overhead trellises and landscaping may be used to soften the impact of the trash enclosure. Plans for the siting and screening of service and equipment areas should be submitted for review with landscape plans. APPROPRIATE • Service meters and mechanical equipment grouped and shielded from view in easily accessible location (encouraged). • Landscaped areas to shield transformers (encouraged). • Landscaping to shield mechanical equipment (encouraged). • Sensitively designed trash enclosures (screening or fencing should reflect the theme of the community) . Acceptable on Rear Elevation 18 COMMUMY ARCHITECTURAL STANDARDS Scale and Massing It is strongly recommended that consideration be given to the relationship of architectural massing and scale of building elements for the overall community in Shamrock Farm. The incorporation of lowered fascia heights, second story dormers, porch entries, usable front covered porches, first floor bays and reduced front wall heights are encouraged for reducing the frontal mass of dwellings. A strong expression of entry is also encouraged. When terrain allows a walkout condition, exterior wall finishes of wood, vinyl or aluminum should "step" down with grade, with each "step" beginning 8 inches above finished grade. Expanses of exposed concrete should be avoided. APPROPRIATE • Mass of dwellings scaled down whenever possible. • Architectural elements, such as dormers, bay projections. • Dominant entry elements. • Exterior wall finishes that follow slopes in grade, to the best extent possible. Strong Entry Expression, 19 COMMUM7Y ARCHITECTURAL STANDARDS Roof Accessories, Gutters and Downspouts It is encouraged that all exposed metal materials are hidden or muted from the public eye whenever possible. • All roof vents, plumbing stacks and flashing should closely match the color of surrounding materials. • Exposed flues are encouraged to be located on the back slope of roofs. Chimneys Chimneys should be simple in design, accenting the architectural style of the building to ensure consistency and style. Material and texture can either blend in or serve as an accent for the elevation. Chimney chases should mirror the fascia or trim treatment. Masonry fireplaces that project from the building are encouraged on upscale, large lot programs. APPROPRIATE • Chimneys as design elements that add texture and depth to elevation. • Termination of chimney caps painted to match surrounding field or painted dark to match roof. • Masonry -clad chimneys are required in the RS- 1 neighborhood on exterior walls. Roof Projections Wood Chimneys MasonryChimneys 20 COMMUNNY ARCHITECTURAL STANDARDS Front Entry, Service, Patio, and Garage Doors Door styles and colors should be used in such a way to emphasize the front entry and de- emphasize the garage and service doors. Wood, insulated metal and quality hardboard materials are acceptable. Monotony should be considered, and use of a variety of door styles are encouraged. Doors should be energy conscious where appropriate. APPROPRIATE • Embossed or plant -on detail at front entry doors. • All entry doors shall have a minimum of (1) sidelite. • Accent color at front entry doors is encouraged. • Panelled wood or hardboard garage doors. • Flush insulated garage doors. • Muted color scheme on service and garage doors. • Mixed use of single and double garage doors. • Trim details around doors. Small Raised Panel Entry Door Feature Entry Door with Sidelights & Transoms GarageDoors 21 COMMUNITY ARCHITECTURAL STANDARDS Decks, Porches, and Balconies Entry porches should be designed as dominant features that invite entrance to the dwelling. The use of arches, pediments, columns and railings are encouraged. Decks attached to houses should be large enough to be usable, and built with appropriate wood material which can be exposed to the weather. Enclosed screen porches are acceptable if designed as part of the exterior and are built from materials consistent with the rest of the building. APPROPRIATE • Wood decks, painted or stained to be compatible with the house finishes, oriented to the rear. • Deck handrail systems simple in design, using vertical balusters. • Screen porches that fit the architectural style (encouraged to be on rear elevation). • Dominant entry porches (encouraged) . • Massive scale for columns supporting porches, including built-up box or tapered forms (encouraged). Balconies M, Porches 22 COMMUNflY ARCHITECTURAL STANDARDS Exterior Colors Color packages shall be developed with the consideration for variety and compatibility within each neighborhood as well as throughout the entire community. Proposed color selections and the intermixing of color packages shall be subject to approval of the Architectural Review Committee and must meet any monotony requirements. APPROPRIATE • Synthetic stucco areas ranging from off-v to light browns and light warm greys. • Complementary trim and siding colors wi slight variations in contrast. • Subtle third color accents. BrkkWor 71nrGilcr 23 COMMUN Y ARCHITECTURAL STANDARDS Single Family Accessory Structures Accessory structures are permitted if constructed of material compatible with, and in an architectural style similar to, the design of the associated residence including: • Storage buildings not exceeding 120 square feet of floor area, and final location shall be determined by ARC. • Gazebos. • Enclosed or screened -in porches. • Bath houses in conjunction with an in -ground swimming pool. Design and placement of all accessory structures must be specifically approved by the Architectural Review Committee. APPROPRIATE • Structures incorporating the primary building design and materials usage. • Free standing Gazebos or play structures. • Detached storage buildings shall be located within the established side yard set -back lines and also a minimum of 20' in from rear property line. • No storage of accessory building shall be allowed within any landscape or utility easments. g Storage Building Integrated with Screen Fence -- Storage Building Integrated with Patio 1— ro�Ee' sr;eo � r.�aru- Nrise =i 1 � Storage Building Integrated with Garage 24 COMMUNVY ARCHITECTURAL STANDARDS Mailboxes Where a common mailbox is used in a multifamily location, or in a cul-de-sac in a single family neighborhood, the equipment shall be housed in a structure that is compatible with the building design and community theme (design will be reviewed and approved by the ARC) . APPROPRIATE Multifamily "grouped" boxes designed to match or complement building design. Mailboxes housed in structure depicting design elements of building design. 25 COMMUMTY ARCHITECTURAL STANDARDS Building and Yard Lighting Lighting of homes and their surroundings can add dynamic effects within a community. Effective exterior lighting within Shamrock Farm is encouraged. Light fixtures should be consistent with the theme of the community and building design. All lighting should be "down" or "area" lighting. All light sources should be white (no colored lights) and no spill over of lights should occur on neighboring properties. Lighting should be shielded to conceal glare. Tree up - lighting should be concealed in shrubs. Multifamily street lighting shall be the same as that used in the single family neighborhoods. Other multifamily lighting shall be consistent with the style of the structure. APPROPRIATE Wall mounted fixtures at entries that blend with theme of community and building design. Fixtures and standards shall be designed to aesthetically relate to the character of the development. Wall mounted and yard light fixtures are encouraged to be complementary or matching, Front Yazd Light Post Surface Mount Lanterns 26 COMMUM7Y ARCHITECTURAL STANDARDS Pools/Spas/Water GATEMO Features All water features are required to be located in rear yards and are encouraged to be completely enclosed by approved fencing or landscaping and screened from neighboring homes. All water features shall be in -ground, except spas, which may be built into appropriately designed and screened deck systems. Equipment for pools, spas, or fountains should be completely screened from adjoining properties. Safety fencing must be provided in accordance with municipal fencing guidelines. APPROPRIATE • Pools with approved fencing and screening. • Spas with approved fencing and screening. • Ponds constructed with water tight liners, recirculation equipment and overflow provisions. • Water features to be located in rear yards only unless provided by developer as a community feature. Sr.?*4 ti 5FA ire MNEUNUM �. ;.Anions ��edd��•i,�illllllUli, SSCV0 V F EH Ge FeAC's I -: " ... Typical Pool/Spa/Screening Arrangement 27 COMMUNITY ARCHITECTURAL STANDARDS Community Fence Program In order to provide a cohesive, well planned fencing program throughout the entire community, lot line fences for rear and side yards have been predetermined. If fencing is desired where the rear yard or side yard abuts a roadway, open space or common area including landscape buffer or detention area, the standard board -on -board, or cross buck fence design shown below will be required. All other rear and side yard lot line fences must be of approved standard designs as illustrated in the Architectural Standards. Structural framing shall be on the lot side of the fence whose owner wishes to erect the fence, or by agreement with adjacent property owner, or on the lot side of the fence where adjacent a roadway. Rear yard and side yard fences must be located on the lot he. This does not preclude internal fences used to screen patios, pools and other private features whose designs are appropriate to the house architecture and are approved by the ARC. Fencing between houses as viewed from the front of the house must be installed with the following criteria: Fences will be installed (except corner lots as defined below) starting at least 15' back from the front corner of any house, but may be installed further than 15' if so governed by the next adjacent house. • Limited to the approved fence types. Side yard fences on corner lots must adhere to the following restrictions: Fences must not extend forward beyond the Board and Board Fence rear wall of the house. Also, fence must maintain a side setback equal to that of the neighborhood's front yard setback. Cross-BuckFence 2x4 Rail M Pickets 2x4 Rail 2x4 Rail 28 COMMUNPI'Y ARCHMECTURAL STANDARDS General Landscape Guidelines All builders in the community are required to install a landscape package for each single family home or multifamily community as set forth in the Annexation Agreement, and as summarized on the following pages. This landscape section has been designed to provide Property Owners, Architects, Contractors and Builders with important information related to the development of homes to insure a harmonious neighborhood streetscape and to protect the aesthetic quality of the overall community. The objective is to reinforce the natural character of the community. The recommended landscape character should emphasize an informal scene by encouraging use of native plant materials and natural areas. Front yard plantings should be sympathetic to the overall neighborhood streetscape in form, texture and simplicity of design. This can be achieved, in the single family areas, by limiting the front yard planting to lawn, trees and informal plantings. Plantings should be designed to provide privacy for the homeowner and the neighbors. Plantings along common property lines should be informal unsheared plantings. APPROPRIATE FRONT & SIDE YARD • Informal • Shredded bark mulch • Flowing layered beds LandscapeCharacter 29 COMMUNHY ARCHITEMRAL STANDARDS Single Family Landscape Planting Requirements To create a "streetscape effect" that is consistent throughout each neighborhood and the entire development, following are the minimum planting requirements. The following minimum standards for single family neighborhoods are in addition to any landscaping of public areas provided by the Developer. All original landscape plans must be approved by the Architectural Review Committee. In all neighborhoods, all front and side yards must be sodded; rear yards may be seeded. • A minimum of 4 inches of topsoil must be used. • As a minimum standard, I.D.O.T. Class 1 Lawn Mixture seed must be used. • Silt fences and other erosion control devices must remain in place until the lawn is fully established. Builders shall be required to provide a landscape package for the front yard of all homes which shall consist, at a minimum, of the following: • 8 deciduous or evergreen shrubs with a minimum height of 18 inches. • 1 ornamental or upright evergreen tree with a minimum height of 6 feet. Plans with different combinations of plants may be submitted to the Developer and City for approval. One four inch caliper shade tree shall be provided in every other rear yard where lots back up to other Shamrock Farm lots. Rear yard trees shall not be required on lots which abut open space, or in wooded areas. Builders shall be required to install in neighborhood parkways (defined as the area in front of houses, between the sidewalk and curb) one tree for each house, with two trees for corner lots. The trees shall be a minimum caliper of three inches, shall be spaced and planted under an overall plan approved by the Developer and City and shall be of a species approved by the Developer and City. 30 COMMUAM ARCHITECTURAL STANDARDS Multifamily Landscape Design In neighborhoods three and four, landscape design elements should provide a unifying theme to the entire Shamrock Farm community. The overall design goal should be the creation of a pleasant, safe and protected environment that is both functional and aesthetically pleasing. This goal cannot be met without adequate landscaping. The principles of good design and functional, yet simple solutions provided by a limited variety of materials, should not be overlooked. Maintenance of these areas is as important as the original design concept. The following architectural standards will help to direct landscape improvements that will be consistent throughout the community. All original landscape plans must be approved by the Architectural Review Committee. In the multifamily areas, landscaping should enhance major natural and improved common area site elements through the use of foliage color and texture, plant forms and plant masses. A simplified list of plant materials which maintains the proposed theme of the landscape should be used. Visual confusion due to the use of many unrelated plant varieties should be avoided. Broad plant masses and consistency of landscape character should be employed to avoid complex plant mixtures. In the multifamily areas, landscape design should provide for effective screening of parking areas, utilities and service areas. This will reduce the possibility of negative visual impacts when viewed from major adjacent streets. Grouped masses of plant material should be designed to complement architectural elevations, blank walls and roof lines through color, texture, density and form on both the horizontal and vertical planes. Minimum standards for multifamily landscape planning are set forth in the Annexation Agreement, and are summarized on the following page. 31 COMMUNITY ARCHMECT'URAL STANDARDS Multifamily Landscape Planting Requirements All townhome common areas not paved must be fully landscaped. The following minimum landscape standards and quantities will apply: • One three inch caliper shade tree per unit. • One six foot ornamental or upright evergreen tree per unit. • Adequate shrubbery, perennials and ground cover. • Yard areas not planted with trees, shrubbery, perennials or ground cover shall be sodded. • Builders must comply with City of McHenry street tree program. 32 COMMUNITY ARCHIMaVRAL STANDARDS Landscape Maintenance All vacant property shall be kept clear of debris and trash build-up. All vacant homesites should be mowed to a height of no more than 8 inches and be cleared of all dead plant materials, fallen branches and unsightly vegetation. Builders shall maintain all original installed landscape areas until single family homes are sold, and until multifamily long-term maintenance management contracts are in place. At a minimum, this shall include: • Checking and adjusting tree stakes and guy wires to avoid trunk girdling, abrasions, and unsightly conditions. • Mowing turf areas regularly such that turf height does not exceed three inches. • Watering trees, shrubs, and lawn areas sufficiently to avoid drying and discoloration caused by water stress. • Promptly removing and replacing dead plant material, including sod. • Removing weeds from turf areas and plant beds weekly. • Maintaining depth of mulch in plant beds such that no bare soil or landscape separator fabric is visible. • Removing air borne trash daily. 33 COMMUNITY ARCHITECTURAL STANDARDS Neighborhood Signage Character & Style The purpose of the signage and graphic design standards is to establish a cohesive, distinctive and functional system to visually communicate with all who live in or visit Shamrock Farm. All signs will be consistent with the Shamrock Farm theme to project a high quality, Americana image. The signage and graphics system will maintain consistency in color, materials, shape and size. Specifications and detailed drawings will be provided to each builder for their community. All signage must meet the City of McHenry signage ordinance, as modified by the Annexation Agreement. Signage Maintenance As with all pieces of architecture, signs need maintenance. Periodic cleaning is required. Touch ups should be expected and, based on appearance, may be required by the Architectural Review Committee. ,A_ 4 L40 VW AMSV),„VE 4 auxm 4 rARKM 34 COMMUNITY ARCHITECTURAL STANDARDS Sales Trailer Requirements • Provide a site plan, where applicable, indicating all of the following items relative to the placement of the sales trailer: — Direction of entrance — Size (Single, Double Wide, etc.) — Length • Provide a site plan showing proposed landscaping, ingress, egress and the location of graveled or paved off street parking. The site plan must be approved by the ARC. • Trailer must be "skirted" in a tasteful manner. • Signage and outer design of the trailer must be approved by the ARC. • Outer lighting is encouraged to prevent. vandalism and theft. • Builder agrees to "monitor" trailer traffic at all times, to prevent blockage of adjoining streets. • Provisions for trash removal must be provided. On -Site Construction Trailer Requirements • Construction trailers may only be used for Shamrock Farm construction. • Each builder will be limited to one construction office trailer per neighborhood. • Prepare a site plan showing the office trailer and graveled off-street parking. • Provide a sketch of appropriate signage which will be utilized. • No storage will be allowed on the ground, under, or around any trailer. All materials must be in locked storage or office trailers. • Provisions for trash removal must be provided. -The site plan and signage sketch are to be submitted to the Architectural Review Committee for approval. • Storage trailers shall be allowed only in location(s) designated by Developer. Storage trailers will not be permitted in neighborhoods. 35 COMMUNITY ARCHMECTURAL STANDARDS General Rules For Subcontractors & Personnel Builders, Warranty • Builders and subcontractors are required to keep job sites, including streets, as neat and clean as possible. Frequent removal of trash and debris is required. Job site dumpsters are to be removed when full. Stockpiling or dumping on surrounding sites is prohibited. • Speed limits throughout the entire construction area are not to exceed 20 miles per hour. • Specific areas of the site contain natural marshes and wetlands. These areas are to be protected during construction from vehicles, trash and storage. • Trees are to be protected at extent of root zone from construction equipment --fence off with temporary snow fence for protection. The area within the fence shall not be used for materials storage, cleaning of equipment or vehicles, parking, or any other construction -related activity. The builder or general contractor will be held responsible for tree protection. • Construction entrances and haul roads will be provided. All construction related traffic must use the designated routes. 36 COMMUNITY ARCNPECTURAL STANDARDS Comprehensive Architectural Review Checklist The Shamrock Farm Architectural Review Committee will review all development proposals for conformance to the Design Guidelines. Each submittal should reflect the design intent for the Shamrock Farm community objectives. Below is a general checklist to be used as a reminder for the builder's design team, ensuring all elements are considered. Site DevelopmentGuidelines Fe-nem—gGuidelines ❑ Zoning ❑ RequiredStyles ❑ Setbacks ❑ ApprovedLocations ❑ Grading ❑ PrivacTScreening ❑ Drainage ❑ Pool Fencing ❑ Views ❑ Appropriate Materials ❑ SitePresezvation ❑ Erosion Control Sege & Graphics ❑ Multifamily Parking ❑ Color & Design ❑ Conunwmdtylt&wtructure ❑ Types ofSignage ❑ Materials ArchitecturWDesignGuidelines ❑ Lighting ❑ Character & Style ❑ Maintenance ❑ BuildingMassing ❑ BuildingEntries SaIesTrailerBern- mments Porches, Colurnns, Rails ❑ Location ❑ FinishMaterials ❑ Ingress -Egress Walls, Roof, Colors ❑ Appearance ❑ Windows & Doors ❑ Signage ❑ Games ❑ Lighting ❑ Details Shutters, Trim, Muntins, Const uctionTrailer_s Mouldings,AccentAreas ❑ Location ❑ Exteriorl ighting ❑ Size ❑ Chirnneys ❑ Ingress -Egress ❑ MechanicalEquipment ❑ Appearance ❑ Multi FarnilyAccessory Structures ❑ Storage ❑ Parking Landscaa gGuideliies ❑ Trash ❑ Character & Style ❑ Lighting ❑ Screening/Mffing ❑ Patios ❑ General PlantingSelections ❑ DisallowableActivities ❑ MinimutnPlantingRequirements ❑ LandscapeMaintenanoe 37 COMMUNRY ARCHRECTURAL STANDARDS Preliminary Design and Planning Review Application Parcel Approximate Acreage ❑ Single Family ❑ Multifamily Number of proposed units Proposed density Owner/Builder ' Address: Phone: Engineer Address: Phone: Architect Address: Phone: Landscape Architect Address: Phone: Preliminary Application: (Section A) ❑ Preliminary site plan & traffic circulation (scale ❑Approved ❑Disapproved Comments ❑ Proposed building plans and elevations: (scale 1/4" ❑ Approved ❑Disapproved Comments: ❑ Proposed grading & drainage plans (scale ❑Approved ❑Disapproved Comments: Date Submitted Date Approved Approved By. Comments: COMMUAWY ARCHITECTURAL STANDARDS Final Application Checklist: ❑ Community site plan (scale ) ❑ Approved ❑ Disapproved Comments: ❑ Community landscape plan (scale ) ❑ Approved ❑ Disapproved Comments: ❑ Berm & fencing plan (scale ) ❑ Approved ❑ Disapproved Comments: ❑ Typical building landscape plan (scale ) ❑ Approved ❑ Disapproved Comments: ❑ Civil Engineering plans (scale ) ❑ Approved ❑ Disapproved Comments: ❑ Home or building plans and elevations (scale 1/4" - 11011) ❑ Approved ❑ Disapproved Comments: ❑ Exterior color packages (eight total) ❑ Approved ❑ Disapproved Comments: ❑ Temporary & permanent sales office plans ❑ Approved ❑ Disapproved Comments: ❑ Temporary construction office plans ❑ Approved ❑ Disapproved Comments: ❑ Multifamily accessory structure plans ❑ Approved ❑ Disapproved Comments: Parcel Owner/Builder. Date Submitted Date Approved Approved by _ Comments 39 Exhibit F Road Improvements and Contributions Curran/Relocated Draper Rd. Intersection Improvements: Obligation of OWNER: Relocate intersection OWNER to construct all identified improvements. Add N + S bound left turn lanes Add E bound left turn lane Add N + S bound right turn lanes Curran_Rd./Dartmoor Dr. intersection Improvements: Obligation of OWNER: Add N + S bound left and right turn lanes. OWNER to construct all identified improvements. Add W bound thru lane, and E bound thru, left and right turn lanes. Draper Rd. Relocated/Existing Draper Dr. Intersection Improvements: Obligation of OWNER: Add E bound left turn lane. OWNER to construct all identified improvements. Draper Rd./Farmstead Dr. North Intersection Improvements: Obligation of OWNER: Add NE + SW bound left and right turn OWNER to construct all identified improvements. lanes. NW + SE bound 4-lane cross section with thru, right and left turn lanes. Draper Rd./Farmstead Dr. South Intersection Improvements: Add N bound right turn lane. W bound 3-lane cross section. Bull Valley/Curran Rd. Intersection Improvements: Add W bound right turn lane. Add S bound right turn lane. Traffic Signal. Bull Valley/Draper Rd. Obligation of OWNER: OWNER to construct all identified improvements. Obligation of OWNER: OWNER to donate $63,527 to City. Intersection Improvements: Obligation of OWNER: Add E bound left turn lane. Owner to donate $26,920 to City. Add pavement for S bound left and right turn lanes. Add W bound right turn lane. Total Cash Donation by OWNER to CITY for Road Improvements: $90,447 Exhibit G Standard Tot Lot Desicin • j� I O ��+ XMig MESS .) -- -- o EXIS�0c SIDEWALK (TYP. TO REWAIN (9 L I I .) PROPOSED BARRIER CURB, TYPE B (.7Z0)UN. PT.) 0 UN (SEF DETAILS I I ".. .. St/ SLOPE PRDPOSED Z3 UN FT I I i r q �. :�::,."• ,�.�:: ��:.' .o+�` 5, ' ''�'4Ati •- PROPOSED CONTOURS (TTP.) 4' P.GC. SIDEWALK 4' O SX (1:12) (SEE DETAIL) I 1 I I 4 ''' d >; _:: • `' ::, .. �- • ' ..... :. '. ��,r '..•'`.: ' . ; ' , . !20 UN PT FENCE (D _.V CONTROL) II I .s• �• �� '97 q IO LIN FT 11 "� '; ' : , ':�' . :• ', •;.g994 ::; ,!? -... '•'- = r�7' DEPRESSED CURB I I I \ " 1 K, , .'.: ;.` : .` 0 , ..PROPOSED ?•) '.�'� 91• .: �'a SWALE TO DRAIN TO URUTY EASFA/ENT' I - - 4' DIA. PERFORATED PIPE DRAW TD DAnzw I I 1 \ I ,',,; Q2t UN FT I I II II I \ SEE' PLAYCROUA LA T DETAIL FOR EOUIPI/EN ,� ♦ 9 RNG LOCAT70NS ( E7 4 OF 5) II 1 I II N �I a 'IN I 15' R TOiRADON AREA IN.) \ e INV 925t •�\ - ! \ - 50 ING (63 ORf1ADD) { 1 SPECIFICATIONS FOR PLAY EQUIPMENT All equipment shall be Gametime or Equivalent Qty. Item No. Description 4 * 10000 49" SQUARE EXPANDED METAL DEC. 1 * 10001 49" TRIANGULAR EXPANDED METAL DEC. 4 * 10132 12' UPRIGHT ASSEMBLY (ALUM) 11 * 10130 10' UPRIGHT ASSEMBLY (ALUM) 4 * 10126 8' UPRIGHT ASSEMBLY (ALUM) 1 * 10570 RADICAL RACE SLIDE 1 * 10543 FUNNEL ENCLOSURE 2 * 10442 2'- 0" ACCESS STEP LINK 1 * 10037 4'- 6" TREE CLIMBER 1 * 10463 2'- 0" TRANS PLATFORM TRI. DEC. 1 * 10505 2'- 0" HORIZONTAL LOOP ATTACHMENT 1 * 10329 2'- 0" "S" HORIZONTAL LADDER ATTACHMENT 1 * 10069 3' 4' LOOP LADDER 1 * 10051 3' 4' RUNG ACCESS 1 * 10078 4' & 5' COASTER CLIMBER LINK 1 * 10062 ARCH BRIDGE LINK 1 * 10655 QUICK "L" TUBE SLIDE 1 * 10457 4'— 0" SLIDE & GLIDE WITH TUNNEL 1 * 10269 6' CORKSCREW CLIMBER 1 * 12583 PRIMETIME SWING FRAME 1 * 12584 PRIMETIME SWING ADD -A -BAY 2 2955 SEAT PKG 10' MT. 3-1/2" OD 2 2686 ENCLOSED TOT SEAT, 3-1/2" OD 1 4189 STALLION, ALUM, C SPRING 1 4160 SWAMPY, ALUM, C SPRING 1 4176 ROCKET, ALUM, C SPRING