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HomeMy WebLinkAboutOrdinances - ORD-02-1056 - 09/12/2001 - AUTHORIZE RIVERSIDE HOLLOW ANNEX AGREEMENTORDINANCE NO. nRLL-n9-1ar6 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE APPROXIMATELY 54 ACRES COMMONLY KNOWN AS THE EAST SIDE OF RIVERSIDE DRIVE, AT MCCULLOM LAKE ROAD IN MCHENRY COUNTY, ILLINOIS WHEREAS, V3 Land Vision 99-1 L.L.C. is the legal owner of record of the 54 acres of real estate located on the east side of Riverside Drive, at McCullom Lake Road, 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 SEPT. 17 2001, between the City of McHenry, an Illinois Municipal Corporation, V3 Realty and Development Co., and V3 Land Vision 99-1 L.L.C., record owner, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Riverside Hollow 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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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. This dxw in&iz is 02�1032-7297 CIO 02-005-3233 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 17TH DAY OF SEPTEMBFR 12001 AYES: BOLGER, GLAB, LOW, WIMMER, ALTHOFF NAYS: MURGATROYD NONE ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS 17TH ATTEST: C_ C CLERK NONE NONE DAY OF SEPTEMBER , 2001 02-0322-7298 02-005-3234 RIVERSIDE HOLLOW ANNEXATION AGREEMENT This Agreement made and entered into this 17 day of . ,2001 by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and V3 Land Vision 99-1 L.L.C. its successors and assigns (hereinafter referred to as "OWNER"). RECITALS A. V3 Land Vision 99-1 L.L.C. 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 SUBECT 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 vacant, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY has no electors residing thereon. E. The SUBJECT PROPERTY consists of two tracts of land, 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. I. The annexation of the SUBJECT PROPERTY will include a portion of highway under the jurisdiction of McHenry Township, so notice of the annexation of the SUBJECT PROPERTY has been served to the McHenry Township Commissioner of Highways and Board of Town Trustees by certified mail. 02-032-7299 02-005-3235 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, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERY 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-2, Medium - Density Single -Family Residential. 3. Preliminary Plat. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance approving Exhibit B, entitled "Preliminary Plat of Riverside Hollow", prepared by SDI Consultants, dated 02/22/01, and last revised on 08/09/01, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Preliminary Plat"). Approval of the Preliminary Plat shall entitle the OWNER to final plat of subdivision approval if the final plat is in substantial 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, as modified by any Variances approved by the CITY. 4. Conditions of Zoning Approval. The CITY's approval of the zoning map amendment 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, the public rights -of -way, open space layout, public land dedications, and the configuration of lots. Any amendments to the Preliminary Plat, except as otherwise provided herein, shall require an amendment to this Agreement. 5. 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 C, entitled "Preliminary Landscape Plans," prepared by Hitchcock Design Group, dated 02/22/01, attached hereto and made a r. 02-032-7300 02-005-8236 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, install, 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. 6. Architectural Standards. OWNER agrees that Exhibit D, entitled "Architectural Standards", 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 SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 7. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and maintenance of all Architectural Standards, Landscape Plans, private paths, open space, storm water and drainage systems, including detention basins and retention ponds, wetlands, and conservation areas, as provided on 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 provisions of the homeowners' association charters, bylaws, and covenants, 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. 8. 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 a "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. 9. Building Permit Limitations. OWNER and CITY agree that the CITY shall limit the number of building permits issued each year for new residences within the SUBJECT PROPERTY. The maximum number of building permits issued each one- year period shall be Forty -Five (45). The first one-year period shall begin upon CITY approval of the final plat for the first phase of development. 3 02-032-7301 02-005-8237 10. Sanitary Sewer and Water_. The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water. 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. a) Water. The OWNER shall pay to the CITY the sum of $201,000 for the installation of a new water main from its present terminus on Riverside Drive at the existing City limits, to the south property line of the SUBJECT PROPERTY, within thirty (30) days following City Council approval of the final plat for the first phase of development, but in no instance shall said payment be made later than one -hundred twenty (120) days after execution of this agreement. b) Sanitary Sewer. 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. In the event the CITY has not completed construction of the North Interceptor sanitary sewer line by the time the OWNER is ready to connect to the CITY's sanitary sewer system, the CITY agrees to allow the OWNER to provide a temporary connection to the existing sanitary sewer line at McCullom Lake Road and Riverside Drive. OWNER further agrees that once the North Interceptor sewer is installed to a point at or near the south property line of the SUBJECT PROPERTY, OWNER shall disconnect and remove the temporary connection and provide a permanent connection to the North Interceptor line, within ninety (90) days after notification by the CITY. The OWNER shall provide a sanitary sewer stub near the northeast corner of the SUBJECT PROPERTY, with the final location and size to be determined by the City Engineer, to provide for the future connection of properties to the north that are within the CITY's Facilities Planning Area. 11. Public Improvement Reimbursement. In the event the OWNER shall construct additional, expanded or oversized municipal water and sanitary sewer improvements (hereinafter collectively referred to as "MUNICIPAL IMPROVEMENTS") which benefit not only the SUBJECT PROPERTY, but also other properties being or to be developed in the relevant service area for such utility, the following provisions shall apply: 4 02-032-7302 02-005--8238 a) The properties which will benefit directly or indirectly from the construction and or installation of such MUNICIPAL IMPROVEMENTS (the "BENEFITED PROPERTY") will be determined by the City Engineer at the time such MUNICIPAL IMPROVEMENTS are constructed. The BENEFITED PROPERTY shall include the SUBJECT PROPERTY. b) The CITY shall endeavor to collect a pro rata sum of money from the Owners of the BENEFITED PROPERTY as a pre -condition to said Owners being granted a building permit. The total cost of the improvements will be spread over the Benefited Property pro rata. The total sum subject to reimbursement to the OWNER, as well as the pro rata sum to be collected from the BENEFITED PROPERTY owners, shall be determined by the City's consulting engineer taking into account the following factors: Total construction and easement costs, professional fees, and testing and analysis fees. Any legal and administrative expense shall not be considered. The pro rata sum to be paid to OWNER by the Benefited Property owners shall equal to one-half of said total cost. Interest shall be collected from the commencement date of this reimbursement provision, calculated annually at nine percent (9%) per annum, compounded, not to exceed ten (10) years from the date of this Agreement. Any reimbursement provision shall have a commencement date when the MUNICIPAL IMPROVEMENTS which are the subject of the reimbursement agreement are places into service and shall end on the date of the termination of this Agreement. The sum collected shall be paid to OWNER after deduction of two percent (2%) for administrative charges due to the CITY. In the event that any state statute shall determine an interest rate other than set forth in this paragraph, the state interest rate shall prevail. c) Subject to a non -appealable final court order directing CITY to act otherwise, CITY shall not issue any building permits for connection to the CITY's municipal water or sanitary sewer system until the BENEFITED PROPERTY owner either pays the reimbursement charge set forth in this paragraph or adequately assures the CITY that the payment will be made. d) The CITY will use its best efforts to collect the costs provided herein from the BENEFITED PROPERTY owners but shall not be liable to OWNER if the City is, for any reason, unable to collect said costs. The CITY'S liability to reimburse OWNER shall be limited to payment from funds actually collected from BENEFITED PROPERTY owners. e) CITY shall file this Agreement with the McHenry County Recorder of Deeds and notify the owners of the BENEFITED PROPERTY of the terms of this reimbursement provision. f) OWNER shall reimburse and indemnify CITY for all costs, engineering and attorney's fees and liability incurred by the CITY with regard to the drafting and 5 02-032-7303 implementation of the Reimbursement Agreement contemplated under this Article 9. The CITY shall cooperate with OWNER in obtaining such permits as may be necessary from time to time by both Federal and State law, including, but not limited to, the Illinois Environmental Protection Agency, to permit the development of the SUBJECT PROPERTY. Further, the CITY agrees to execute, when and where required, all necessary applications for permits to the Environmental Protection Agency and U.S. Army Corps. of Engineers for road access and the construction and use of the sewer and water mains described herein, as well as the construction of the roadways and the storm water detention areas located within wetlands, if any, on the SUBJECT PROPERTY. No action of the CITY regarding applications to the Illinois or U.S. Environmental 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 the OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity, or water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for individual sewer or water service connection permits. The CITY shall exercise its power of eminent domain, if necessary, to assist the OWNER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid improvements. OWNER shall pay for all of the eminent domain costs and expenses incurred by the CITY, including but not limited to attorney's fees, title charges, appraisals, survey costs, deposition costs, witness fees, litigation expenses and judgments in the acquisition of any easement. Such costs and expenses of acquisition by eminent domain shall be includable in the costs and expenses that are subject to recapture by OWNER from Benefiting Parties. 12. Stormwater Management. OWNER agrees to provide storm water management facilities and pipes of sufficient size to accommodate anticipated stormwater runoff from the development, subject to review and approval by the City Engineer. 13. Vacation of Existing Right -of -Way. OWNER acknowledges that the CITY and McHenry Township intend to vacate a portion of existing Orchard Beach Drive, at the southwest corner of the SUBJECT PROPERTY. OWNER agrees to cooperate with the CITY and McHenry Township in this right-of-way vacation and agrees to provide access to Orchard Beach Road as indicated on the preliminary plat. 14. Right -of -Way Dedication; Easement for Public Utilities. OWNER agrees to dedicate fifteen (15) feet along the rear of Lots 7-9, 13-22, and 96, as indicated on the preliminary plat, for public roadway purposes. OWNER also agrees to dedicate a ten (10) foot public utility and drainage easement along the rear of said Lots 7-9, 13-22, and 96. 0 02-032-7304 02-005-8239 15.Installation of Fencing. Prior to the first occupancy permit issued for a new single family home, OWNER agrees to install a five (5) foot high, cedar fence along the eastern lot line of the SUBJECT PROPERTY abutting Orchard Beach Road, except along Lot 96. Maintenance and upkeep of said fence shall be the sole responsibility of the Homeowner's Association. Upon approval of the Homeowner's Association and issuance of a building permit by the CITY, a gate of identical material, style and color may be installed by individual homeowners of these lots. Language regarding maintenance/upkeep, and gating shall be incorporated 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 16.Open Space Covenant. OWNER agrees that the 14.45 acres of the SUBJECT PROPERTY located north of the FAP Route 201 acreage and designated as "Outlot" on the Preliminary Plat shall remain open space in perpetuity and shall not be developed with buildings or structures. OWNER shall record with the McHenry County Recorder of Deeds a covenant running with the land shall which shall designate this acreage as open space in perpetuity. Said covenant shall only be amended with the consent of the CITY. 17.Tot Lot Dedication and Improvement. OWNER shall convey and dedicate to the CITY, for unrestricted public use, the area on the Preliminary Plat designated as "Park," Lot 97, and described as 22,389 square feet on the east side of South Branch Road, upon approval of the final plat of subdivision including this Tot Lot site. 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 said Tot Lot with playground equipment, landscaping, and other amenities, as described in this paragraph and on Exhibit E, entitled "Standard Tot Lot Design", prepared by the CITY, dated 6/12/01, The CITY shall give a credit of fifty thousand dollars ($50,000) towards the Parks component of the required Cash Contributions, as described in this Agreement, for future improvements to this Tot Lot. 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: a) A minimum of two sidewalks shall be provided for access from the public sidewalk to the play equipment; b) 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; c) The surface under all play equipment shall be Fibar System 300 or equivalent; 7 02-032-730� 02-005-8240 d) 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); e) A minimum of four (4) benches shall be provided; f) 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. 18.Temporary Signage. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of two (2) 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, based upon issuance of Certificates of Occupancy. 19.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. 20.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. OWNER shall not be required to bury any existing utilities. 21.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: 0 02-032-7306 02-005-0241 a. Annexation Fees i. OWNER shall pay to the CITY the lump sum of $57,000 within ninety (90) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. OWNER shall pay to the CITY the sum of $546 per residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. iii. 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. b. Cash Donations i. 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 District Fire District Total per Unit Single Family Detached 2 or Less Bedrooms $2,071 $2,436 $258 $258 $5,023 3 Bedrooms $4,750 $3,501 $258 $258 $8,767 4 Bedrooms $5,460 $4,545 $258 $258 $10,521 5 or More Bedrooms $4,797 $4,552 $258 $258 $9,865 The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash Contribution Amounts". CITY acknowledges and agrees that the 0.51-acre Park, and the fifty thousand dollar ($50,000) credit for future Tot Lot improvements represents twenty-two percent (22%) of the park donations required by CITY ordinances. iii. 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. E 02-032-7307 iv. 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. c. Release OWNER hereby releases the CITY 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. d. 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. e. 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 shall 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. 10 02-032-7300 02-005-8242 Annual Adjustment At the end of each one-year period, with the first one-year adjustment made on May 1, 2002, the fees referenced in the preceding paragraphs a) ii, a) iii, 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. 22.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 fifteen (15) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 23.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. 24.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 333 S. Green Street McHenry, IL 60050 V3 Land Vision 99-1 L.L.C. Attn: Keith Blais 7325Janes Avenue Woodridge, IL 60517 25.Stoo 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. 11 02-032-7309 26.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 SUBEJCT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 27.0bligations 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. 28.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 judgement, 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. 29.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. 30.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 herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 12 02-032- 7310 02-405-8243 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY M.M.W.—PIMS ! wm'll 9 w-IM 05- ON- M10'affill-Al r / Attest: CITY CL OWNER V3 Land Vision 99-1, L.L.C. 7325 Janes Avenue WQodridge, IL 60517 3i' V3 AC* >r G B: Print Name: 4, rw, 4 • ,6La's Its: Al a C AeAc. 13 02-032-7311 02-005-8244 Exhibit A Legal Description of the SUBJECT PROPERTY THAT PART OF THE FRACTIONAL SOUTHWEST'.-,1F SECTION 24, AND THAT PART OF THE FRACTIONAL NORTHWESTI--43F SECTION, 25, ALL IN TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SEGTIUN CORNFxk COMMON Y0 SECTIONS 23, 24, 25 AND 26; THENCE NORTH ALONG THE VEST LINE OF THE SOUTHWEST 1/40F SECTION 24, 1,104.8 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 88 DEGREES, 52 MINUTES', MEASURE© TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE., 1,320.0 FEET; THENCE NORTHERLY, ALONG A LINE FORMING AN ANGLE OF 88 DEGREES, 50 MINUTES, MEASURED TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 687.36 FEET TO THE SOUTH LINE OF KA;MA AVENUE AS SHOWN ON THE PLAT OF SHALIMAR SUBDIVISION: THENCE EASTERLY ALONG THE SOUTH LINE OF SAID KAMA AVENUE, BEING ON A LINE FORMING AN ANGLE OF 89 DEGREES, 41 MINUTES, MEASURED TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE. 726.0 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES, 30 MINUTES, MEASURED TO THE RIGHT. WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 596.15 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 19 DEGREES, 29 MINUTES. MEASURED TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 1,015.00 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 41 DEGREES, 40 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 100.3 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 27 DEGREES, 32 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 177.0 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 201.8 FEET TO THE SOUTH LINE OF THE SOUTHWESTI/4DF SECTION 24 AFORESAID, AND BEING 1,440.9 FEET EAST FROM THE PLACE OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE LAST DESCRIBED COURSE, 72.10 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 45 DEGREES, 54 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 608.60 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 11 DEGREES, 43 MINUTES, MEASURED TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 815.50 FEET TO AN INTERSECTION WITH A NORTH LINE OF ORCHARD BEACH AVENUE; THENCE WESTERLY ALONG SAID NORTH LINE, BEING ON A LINE FORMING AN ANGLE OF 56 DEGREES, 18 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 592.65 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHWESTI/,QF SECTION 25 AFORESAID; THENCE NORTH ALONG SAID WEST LINE, 1,175.46 FEET TO THE PLACE OF BEGINNING, (EXCEPT ANY PART FALLING WITHIN MARETTA ESTATES UNIT 1. BEING A SUBDIVISION OF PART OF THE FRACTIONAL SOUTHWEST]/,OF SECTION 24, TOWNSHIP 45 NORTH, RANGE 8. EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 12, 1972 AS DOCUMENT NO. 566347, AND ALSO EXCEPT THAT PART OF SAID SECTIONS 24 AND 25, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF THE NORTHWESTI,,,QF THE NORTHWEST'/,OF SAID SECTION 25, SAID POINT BEING 215 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH ON THE WEST LINE THEREOF, FOR A DISTANCE OF 215 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH ON THE WEST LINE OF THE SOUTH WEST 1,,4]F THE SOUTHWESTl,,QF SAID SECTION 24, FOR A DISTANCE OF 200 FEET TO A POINT; THENCE EAST ON A LINE FORMING AN ANGLE OF 89 DEGREES, 20 MINUTES, TO THE RIGHT. WITH A PROLONGATION OF THE LAST DESCRIBED LINE. AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 264 FEET TO A POINT; THENCE SOUTH IN A STRAIGHT AND DIRECT LINE. FOR A DISTANCE OF 415 FEET TO A POINT, SAID POINT BEING 266 FEET EAST OF THE PLACE OF BEGINNING; THENCE WEST 266 FEET TO THE PLACE OF PEGINNING AND ALSO EXCEPTING THAT PART OF THE FRACTIONAL SOUTHWEST,,QF SECTION 24 AND THAT PART OF THE FRACTIONAL NORTHWEST'-,4F SECTION 25, ALL IN TOWNSHIP 45 NORTH, RANGE 8, EAST FOR THE THIRD PRINCIPAL MERIDIAN IN MCHENRY COUNTRY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTION 23, 24, 25 AND 26 IN TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE 02-032-7312- 02-005--3245 NORTH ALONG THE WEST LINE OF THE SOUTHWESTI--43F SAID SECTION 24, ON AN ASSUMED BEARING OF NORTH 00 DEGREES 03 MINUTES 37 SECONDS WEST A DISTANCE OF 1.104.80 FEET TO THE NORTHERLY LINE OF THE TRACT OF LAND CONVEYED TO JOSEPH E. GANSAC AND SHIRLEY H. GANSAC BY WARRANTY DEED RECORDED ON AUGUST 23, 1989 AS DOCUMENT NUMBER 89R-027489 AND THE POINT OF BEGINNING; THENCE NORTH 86 DEGREES 48 MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY LINE, 30.00 FEET TO A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITH SAID WEST LINE OF THE: SOUTHWEST'/,QF SECTION 24; THENCE SOUTH 00 DEGREES 03 MINUTES 37 SECONDS EAST, ALONG SAID PARALLEL LINE, 94.13 FEET TO A POINT ON A 3,669.72 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARS NORTH 25 DEGREES 59 MINUTES 17 SECONDS EAST FROM SAID POINT. SAID CURVE ALSO BEING 150.00 FEET NORTHERLY OF AND CONCENTRIC WITH THE TRANSIT LINE OF FAP 420 (F.A. 201) ACCORDING TO THE PLAT RECORDED MAY 5, 1975 AS DOCUMENT NUMBER 636003; THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY, 943.27 FEET THROUGH A CENTRAL ANGLE OF 14 DEGREES 43 MINUTES 39 SECONDS TO A POINT 150.00 FEET NORTHERLY OF A POINT OF TANGENCY ON SAID TRANSIT LINE. AS MEASURED NORMAL THERETO; THENCE SOUTH 78 DEGREES 44 MINUTES 21 SECONDS EAST, ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, AND 150.00 FEET NORTHERLY OF AND PARALLEL WITH SAID TRANSIT LINE, 817.77 FEET TO A LINE 74.50 FEET WESTERLY OF AND PARALLEL WITH AN EASTERLY LINE OF SAID TRACT OF LAND CONVEYED PER DOCUMENT NUMBER 89R-02789; THENCE NORTH 19 DEGREES 36 MINUTES 45 SECONDS EAST, ALONG SAID PARALLEL LINE. 139.93 FEET; THENCE SOUTH 70 DEGREES 23 MINUTES 15 SECONDS EAST. ALONG A LINE PERPENDICULAR TO SAID EASTERLY LINE 74.50 FEET TO A POINT ON SAID EASTERLY LINE, SAID POINT BEING 180.00 FEET SOUTHERLY OF THE SOUTHEAST CORNER OF LOT 9 IN BLOCK 2. IN MARETTA ESTATES, UNIT 1 ACCORDING TO THE PLAT OF SUBDIVISION RECORDED MAY 12, 1972 AS DOCUMENT NUMBER 566347, AS MEASURED ALONG SAID EASTERLY LINE; THENCE SOUTH 19 DEGREES 36 MINUTES 45 SECONDS WEST, ALONG SAID EASTERLY LINE, 410.33 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 61 DEGREES 10 MINUTES 57 SECONDS WEST, ALONG A SOUTHEASTERLY LINE OF SAID TRACT OF LAND 33.62 FEET, TO A LINE 150.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID TRANSIT LINE; THENCE NORTH 78 DEGREES 44 MINUTES 21 SECONDS WEST, ALONG SAID PARALLEL LINE 826.47 FEET TO A POINT 150.00 FEET SOUTHERLY OF SAID POINT OF TANGENCY ON SAID TRANSIT LINE. AS MEASURED NORMAL THERETO; THENCE WESTERLY ALONG A TANGENTIAL 3,969.72 FOOT RADIUS CURVE, CONCAVE NORTHERLY AND BEING 150.00 FEET SOUTHERLY OF AND CONCENTRIC WITH SAID TRANSIT LINE, THROUGH A CENTRAL ANGLE OF 12 DEGREES 37 MINUTES 45 SECONDS, A DISTANCE OF 875.01 FEET TO SAID LINE BEING 30.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST'/,OF SECTION 24; THENCE SOUTH 00 DEGREES 03 MINUTES 37 SECONDS EAST, ALONG SAID PARALLEL LINE. 479.96 FEET TO THE NORTH LINE OF THE TRACT OF LAND CONVEYED TO PAUL A. HILLER AND PRISCILLA M. HILLER BY WARRANTY DEED RECORDED JULY 18, 1972 AS DOCUMENT NUMBER 571430; THENCE SOUTH 89 DEGREES 16 MINUTES 23 SECONDS WEST, ALONG SAID NORTH LINE, 30.00 FEET TO SAID WEST LINE OF THE SOUTHWEST1,143F SECTION 24; THENCE NORTH 00 DEGREES 03 MINUTES 37 SECONDS WEST, ALONG SAID WEST LINE, 904.80 FEET TO THE POINT OF BEGINNING), ALL IN MCHENRY COUNTY, ILLINOIS. 02-032-7313 02-005-0246 Exhibit D Architectural Standards Anti-Monotonv Code No new single family detached dwelling of the same plan and appearance (defined as exterior colors and/or elevation) shall be built on either side of the dwelling or across the street facing it. This includes dwellings directly across the street and each lot adjacent to it. A dwelling on a corner lot may be considered dissimilar to another if the two dwellings face different streets. On cul-de-sac turnarounds, no dwelling shall be similar in plan and appearance within on lot on either side. II. Architectural Standards A. Consistent use of building materials and color shall be complimentary with the style and design of community. B. Colors shall be chosen for compatibility with neighboring area: appropriate colors shall be subdued colors such as beige, brown, gray, etc. and should be selected to blend with the natural landscape. C. Masonry and brick exterior accents are encouraged. D. Fronts of buildings should have a variety of setbacks and bays. E. The use of front porches is encouraged. F. All driveways shall have compacted gravel/crushed stone base per code with a wearing surface of asphalt or concrete. G. All roofs shall be designed with or a combination of gables, hips, sheds etc. (no flat roofs are allowed). Minimum roof pitch shall be 4:12. H. Minimum dwelling size shall be 2000 sq. ft. (not including the garage or basement space). I. A minimum of three elevation designs per plan. J. No fences shall be installed or maintained upon the Property unless such fence or fences are constructed of cedar or maintenance free aluminum, steel or PVC with an opacity of no greater than 50% and in accordance with the laws and ordinances of the City of McHenry. In no event shall any fence exceed five (5) feet in height. The construction of chain link fences within the Property is prohibited. 021032-73lq 02-005-8247 K. Mailboxes shall be black, mounted on a white crossarm post, sizes and location in accordance with US Postal regulations and applicable City ordinances. A model commonly available is by Solar Group, Inc. (www.thesolargrroup.com). Mailbox ST15 Series Large (T2) Size, galvanized steel, 10 7/8" H x 9 1/8" W x 21 3/4' D. Crossarm Post Model PP50OW with post kit. Installation of the mailbox shall be such that the front of the mailbox itself (not the stand or pole) must be flush with the back of the curb. Actual location of mailboxes may be further restricted by City of McHenry or Postal Service Regulations. L. All Lots shall be used for residential dwelling purposes only. Each Owner shall maintain or cause to be maintained its Lot and all improvements located thereon, including, but not limited to, the exterior of any building of buildings, pedestrian walks, driveways and landscaped areas, in a clean, sightly and safe condition, and each Owner shall at all times cause the prompt removal of all papers, debris, junked vehicles, refuse and other unsightly objects and materials therefrom and the removal of snow and ice from paved areas, when and as required. Garbage shall be placed in receptacles provided therefore, and if outside, shall be properly screened. M. No trailer, temporary building or structure of any kind shall be permitted except temporary buildings or structures located upon a Lot used during construction of a permanent improvement, which shall be removed as promptly as practicable and in any event no later than thirty (30) days after the issuance by the City of an occupancy permit for such permanent improvement. In addition, no signage of any kind (except for a single real estate "for sale" sign as permitted by the City) shall be permitted upon any Lot or residence. Anything contained herein to the contrary notwithstanding, Declarant hereby reserves for itself and Developer the right to maintain sales offices and trailer, parking areas, sales facilities, including but not limited to model homes, signs, construction and storage trailers, structures and facilities on any portion of the Property, except on improved Lots subsequent to sale to an Owner, as Declarant and Developer see fit, without payment of any charge or fee to any Owner. Garden sheds shall be allowed, not exceeding a floor area of 80 square feet, overall height of 9 feet, in a residential style and color comparable to the existing residence, and otherwise in compliance with City of McHenry regulations regarding accessory uses. N. All Improvements shall be constructed in accordance with applicable governmental building codes and zoning ordinances of the City and, in the case of Developer's approval, the approved Plan and Specifications. 2 02-032-731� 02-005- 8248 Exhibit E Standard Tot Lot Design t. — --.-- _ I I ��:__ LOS1fN0 TREFS j qo SCEWALS (TYP, PROPMIM BARWER CURB, 4.01 0 LfN ' fir/ ELCFE, II 4'" . ,•s::. ..;.:;+. ;; . . •�. .,0• PRCPtISL�D COrR'OURS MP.)it pl4bP0.SED 2T LfN f1' 4' P os 90EIYALk O , r '" • : • e .. ��• s,... �� ��: ! :� • y a':. + + rx IA! fT Mcr ex (11 I�1 (sE£ DET I1 ( Y ' r e - . f • • , S• •� (trtostw t:CwtRay) to UN LYJR9 11 %: ' }� •}`�: _•?•l.,��fr. . .;' °' ;� •:��a. 1: PAVOM SWALETO DRAW to vvv" fAsEw&r I I I i a �lt' l 'f` r' i': '-' it A 4• &A. PERRWArM 1 if .�., ,: IJU Lw Fr I set PLMZ"No LA `grAA rom fONPNEN t I I tl I I t I N4 707I8C WCAUMS ( 4 OF sf ` O � fS' R MRARCw AREA . wvutt - E' SM RISPREAO N.) (&U as raj 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 * 10128 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' HT. 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 02-032-7316 02-005-3249