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HomeMy WebLinkAbout18-28 Resolution No. 18-28 RESOLUTION AUTHORIZING EXECUTION OF AN OWNER IMPACT FEE AGREEMENT WITH WATERMARK APARTMENTS LLC FOR THE WATERMARK AT THE GROVE DEVELOPMENT (Vantage Drive within the Grove at Randall) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Owner Impact Fee Agreement on behalf of the City of Elgin with Watermark Apartments LLC for the Watermark at the Grove Development, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 28, 2018 Adopted: February 28, 2018 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk OWNER IMPACT FEE AGREEMENT THIS OWNER IMPACT FEE AGREEMENT ("Agreement") is dated as of February 28 , 2018 (the "Effective Date"), and is by and between the CITY OF ELGIN, an Illinois municipal corporation ("City"), and WATERMARK APARTMENTS LLC, an Illinois limited liability company("Owner"). RECITALS WHEREAS, Owner is the owner of certain real property located on Vantage Drive within the Grove at Randall in Elgin, Illinois, which real property is legally described in Exhibit A attached hereto (the"Property"). WHEREAS, Owner proposes to develop the Property as a 282 unit apartment complex and to perform certain public improvements to the Property in connection therewith(collectively, the "Project"). The development of the Property and completion of the Project as proposed by Owner is expected to, among other things, generate real estate and sales tax revenues, create new employment opportunities, and further establish the important "gateway" development along Randall Road that will increase property values and serve as a catalyst for future development opportunities in the City. WHEREAS, Owner and the City have determined that certain Impact Fee Improvements (defined below) for the benefit of the general public are necessary in order to facilitate the development of the Property and the construction of the Project. In particular, the "Right of Way Dedication" which will allow for a turn deceleration lane for a safe access to the Project and the trail way which is part of the"Trail and Sidewalk Improvements"and is located within the"North Space Open Area"will allow for the interconnection of the public trail ways with other properties within the community and will benefit the public health and safety. WHEREAS, after due and careful consideration, the Corporate Authorities (defined below) have determined that the development of the Property and completion of the Project by Owner will increase the assessed valuation of real estate within the City, increase tax revenues to the City,promote increased economic activity within the City, increase employment opportunities within the City, and are otherwise in the best interest of the City by furthering the health, safety, and welfare of its residents and taxpayers, and as such, it is in the best interest of the City to facilitate the development of the Property and the completion of the Project. WHEREAS, in order to facilitate the development of the Property and the completion of the Project, the City is willing to undertake the construction of the Impact Fee Improvements provided that Owner agrees to pay the Impact Fee to the City to reimburse the City for the cost of constructing the Impact Fee Improvements, all as hereinafter set forth. NOW,THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows: 1. Definitions. Whenever used in this Agreement, the following terms shall have the following meanings unless a different meaning is required by the context: "Corporate Authorities"means the City Council and the Mayor of the City. "Impact Fee" means the fee of Seven hundred thirty thousand one hundred eighty-seven and 55/100 Dollars ($730,187.55) payable by the Owner to the City to reimburse the City for the Construction of the Impact Fee Improvements on the Impact Fee Improvement Properties in accordance with the terms of this Agreement. "Impact Fee Improvements" means, collectively, the (1) the Trail and Sidewalk Improvements, (2) Right of Way Dedication, (3) Electrical Improvements, and(4) Landscape and Hardscape Improvements,all of which Impact Fee Improvements will be constructed and installed by the City on the Impact Fee Improvement Properties and are more particularly described on Exhibit C attached hereto. "Impact Fee Improvement Properties" means the (1) North Space Open Area, (2) Hard Corner Lot, and (3) Right of Way Dedication, which Impact Fee Improvement Properties are legally described on Exhibit B attached hereto. A site plan for each of the Impact Fee Improvement Properties is attached hereto as Exhibit B-1. "Person" means any corporation, partnership, individual, joint venture, trust, estate, association, business, enterprise, proprietorship, or other legal entity of any kind, either public or private, and any legal successor, agent, representative, or authorized assign of the above. "Requirements of Law"means all applicable federal, state, and local laws, statutes,codes, ordinances, resolutions, orders, rules, and regulations, including any City subdivision, utility, street, zoning, building code, and other development standards and regulations. 2. Impact Fee Improvements. a. General Contractor. The City shall enter into a guaranteed maximum price construction contract with Carlson Construction LLC, an Illinois limited liability company (the "GC"), for the construction of the Impact Fee Improvements on the Impact Fee Improvement Properties in accordance with the terms of this Agreement (the "Construction Contract") and in a form approved by the City. The Construction Contract shall also include a condition that such Construction Contract is subject to and conditioned upon Sponsor having deposited or caused to be deposited with the City the Bond as described in Section 4c of the Sponsor Impact Fee, Excess Cost, and Construction Agreement between the City and Watermark IP IL LLC as Sponsor, to guarantee all payments which might become due under the Construction Contract. b. Construction of Impact Fee Improvements. Subject to the obligation of Owner to pay for the Impact Fee as hereinafter described, the City shall cause the GC to construct and install all of the Impact Fee Improvements on the Impact Fee Improvement Properties as depicted and described in this Agreement and the Construction Contract. All Impact Fee Improvements shall be constructed by the GC in a good and workmanlike manner pursuant to and in accordance with the Construction Contract, the Requirements of Law, and the terms of this Agreement. 2 3. Impact Fee; Payment. a. Obligation to Pay. To facilitate the development of the Property and completion of the Project and to reimburse the City for the construction of the Impact Fee Improvements, Owner agrees to pay the Impact Fee to the City. b. Payment. The Impact Fee shall be payable by Owner to the City when the Impact Fee Improvements are substantially completed, as evidenced by the written approval and acceptance of the same by Owner and the City;provided that as a condition of the payment of such Impact Fee by the City to the GC pursuant to the Construction Contract, Chicago Title Insurance Company, 1795 W. State Street, Geneva, Illinois 60134 (the "Title Company") shall have first reviewed and approved copies of all lien waivers, sworn statements, and other documentation required by the Title Company to confirm that no liens or other encumbrances exist as a result of the Impact Fee Improvement work. 4. No Liens. The City hereby waives any right or ability to lien the Property or the Impact Fee Improvement Properties due to a breach of Owner's obligations under the terms of this Agreement. 5. Enforcement. The parties to this Agreement may, in law or in equity, by suit, action,mandamus,or any other proceeding,including specific performance, enforce or compel the performance of this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, no action shall be commenced by the Owner against the City for monetary damages. 6. General Provisions. a. Notice. Any notice to be given under this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid, (iv)by facsimile, or (v) by e-mail. Facsimile notices shall be deemed valid only to the extent that they are (a) actually received by the individual to whom addressed and (b) followed by delivery of actual notice in the manner described in either (i), (ii), or (iii) above within three (3) business days thereafter at the appropriate address set forth below. E-mail notices shall be deemed valid only to the extent that they are (a) opened by the recipient on a business day at the address set forth below, and (b) followed by delivery of actual notice in the manner described in either(i), (ii), or(iii)above within three (3) business days thereafter at the appropriate address set forth below. Unless otherwise provided in this Agreement,notices shall be deemed received after the first to occur of(a)the date of actual receipt; or(b)the date that is one(1)business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (b) the date that is three (3) business days after deposit in the U.S.mail, as evidenced by a return receipt. By notice complying with the requirements of this Section 6(a), each party to this Agreement shall have the right to change the address or the addressee, or both, for all future notices and communications to them, but no notice of a change of addressee or address shall be effective until actually received. 3 Notices and communications to the City shall be addressed to, and delivered at, the following address: To City: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Manager kozal_r@cityofelgin.org With a Copy To: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel cogley_w@cityofelgin.org To Owner: Watermark Apartments LLC c/o Interstate Partners LLC 90 Prairie Parkway Gilberts, Illinois 60136 (o) 847-428-5303 (c) 312-318-0077 (f) 847-428-5342 Email: mebacher@interstatepartnersil.com b. Amendments and Modifications. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved and executed by all parties to this Agreement. Unless otherwise provided in this Agreement, City approval for any amendment or modification shall be granted by the Corporate Authorities, in their sole and absolute discretion,by resolution duly adopted. c. Time of the Essence. Time is of the essence in the performance of this Agreement. d. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. e. Non-Waiver. The City shall be under no obligation to exercise any of the rights granted to it in this Agreement. The failure of the City to exercise at any time any right granted to the City shall not be deemed or construed to be a waiver of that right, nor shall the failure void or affect the City's right to enforce that right or any other right. 4 f. Consents. Unless otherwise provided in this Agreement, whenever the consent,permission, authorization, approval, acknowledgement, or similar indication of assent of any party to this Agreement, or of any duly authorized officer, employee, agent, or representative of any party to this Agreement, is required in this Agreement, the consent, permission, authorization, approval, acknowledgement, or similar indication of assent shall be in writing. g. Governing Law. This Agreement shall be governed by, and enforced in accordance with, the internal laws,but not the conflicts of laws rules, of the State of Illinois. h. Severability. It is hereby expressed to be the intent of the parties to this Agreement that should any provision, covenant, agreement, or portion of this Agreement or its application to any Person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Agreement and the validity, enforceability, and application to any Person or property shall not be impaired thereby,but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be,the purpose and intent of this Agreement to the greatest extent permitted by applicable law. i. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements and negotiations between the parties,whether written or oral, relating to the subject matter of this Agreement. Notwithstanding the foregoing, the parties acknowledge a separate associated agreement relating to the subject matter of this Agreement entitled "Sponsor Impact Fee, Excess Cost, and Construction Agreement" between the City of Elgin and Watermark IP IL LLC as Sponsor. j. Authority to Execute. The City hereby warrants and represents to the Owner that the Persons executing this Agreement on its behalf have been properly authorized to do so by the Corporate Authorities. Owner hereby warrants and represents to the City (i)that Owner is or will be the record and beneficial owner of fee simple title to the Property, (ii)that no other Person has any legal, beneficial, contractual, or security interest in the Property, (iii) that they have the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement and to bind the Property as set forth in this Agreement,(iv)that all legal actions needed to authorize the execution,delivery, and performance of this Agreement have been taken, and (v)that neither the execution of this Agreement nor the performance of the obligations assumed by the Owner will(a)result in a breach or default under any agreement to which the Owner is a party or to which they or the Property is bound or(b) violate any statute, law, restriction, court order, or agreement to which the Owner or the Property are subject. k. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any Person shall be made, or be valid, against the City or the Owner. 1. Recording. This Agreement may be recorded in the office of the Recorder of Kane County. 5 m. Counterparts. This Agreement may be executed in counterpart, each of which shall constitute an original document, which together shall constitute one and the same instrument. n. Miscellaneous. This Agreement is deemed to have been drafted jointly by the parties to this Agreement,and any uncertainty or ambiguity shall not be construed for or against any party as an attribution of drafting to any party. The recitals contained in this Agreement are, and shall be construed to be, an integral part of this Agreement. Any schedules and exhibits attached hereto are hereby incorporated herein as if fully set forth herein. Whenever the context so requires,the singular shall include the plural and vice versa. The headings of paragraphs and sub- paragraphs contained in this Agreement are merely for convenience of reference and shall not affect the interpretation of any of the provisions of this Agreement. All words and phrases shall be construed as masculine, feminine or neutral gender, according to the context. Whenever the term "include", "including", or "included" is used in this Agreement, it shall mean "including without limiting the generality of the foregoing". A "business day" under this Agreement shall mean any day other than a Saturday, Sunday or a holiday under U.S. or Illinois law. Any period of time for an act or notice under this Agreement which ends on a day which is not a business day may be timely performed on the next following business day. [Signature Page Follows.] 6 IN WITNESS WHEREOF, the parties hereto have caused this Owner Impact Fee Agreement to be executed as of the day and year first written above. CITY: OWNER: CITY OF ELGIN, an Illinois municipal WATERMARK APARTMENTS LLC, an corporation Illinois limited liability company By: P/4, / By: 4 .1V:(, Name: David J. K ptai Name: ,4i (,4- Its: Mayor Its: yierilfGAiA I L t' - Atte t: ilil/U ba,e City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF KANE ) I, the undersigned, a Notary Public in the State aforesaid, DO HEREBY CERTIFY that David J. Kaptain,Mayor,and Kimberly A. Dewis,City Clerk,of the CITY OF ELGIN,an Illinois municipal corporation, who are personally known to me to be the same persons whose name are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that signing and delivering the said instrument as their own free and voluntary ci fir the us sand purposes therein set forth. .‘„,‘,,,",r. JENNIFER J QUINTON j -�'•. OFFICIAL SEAL NOTARY PUBLIC a GIVEN under •y h. • 'al eal this February 28, 2018. ` /,'r; MY COMMISSION EXPIRES STATE OF ILLINOIS JANUARY 10,2020 TATE OF ILLINOIS ) BLAKE BARILE ) SS. lT OFFICIAL SEAL COUNTY OF KANE ) (T1t�;_ ,•z Notary Public,State of Illinois My Commission Expires October 23,2021 I, the undersigned, a Notary Public in the Mate a oresaid, DO HEREBY CERTIFY that JI/lorL �L4c,1wr ,the ''•r^ PrI„t.;pa I of WATERMARK APARTMENTS LLC,an Illinois limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that signing and delivering the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this Fe.L ,�� 2018. — F:\Legal Dept\Agreement\Watermark-Owner Impact Fee Agr-Clean 2-19-18.docx 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOTS 41 THROUGH 65 INCLUSIVE,AND LOTS 107 THROUGH 120 INCLUSIVE,ALONG WITH THAT PART OF LOT 106 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 106; THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 106, 14.49 FEET; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST 404.44 FEET MORE OR LESS TO A POINT ALONG THE WEST LINE OF SAID LOT 106; THENCE NORTHERLY 14.46 FEET ALONG THE WEST LINE OF SAID LOT 106, SAID LINE BEING AN ARC OF A CURVE CONCAVE EASTERLY WITH A RADIUS OF 700.00 FEET, SAID ARC HAVING A CHORD BEARING OF NORTH 2 DEGREES 47 MINUTES 03 SECONDS WEST AND A CHORD LENGTH OF 14.46 FEET, TO THE NORTHWEST CORNER OF SAID LOT 106; THENCE NORTH 88 DEGREES 37 MINUTES 28 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 106, 404.92 FEET MORE OR LESS TO THE PLACE OF BEGINNING, ALL IN THE FINAL PLAT OF SUBDIVISION OF THE GROVE BEING A RESUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF SECTION 30,ALL IN TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004 AS DOCUMENT NO. 2004K125816, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART OF LOT 41 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 41; THENCE SOUTHWESTERLY 29.44 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 41, SAID LINE BEING AN ARC OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 800.00 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 65 DEGREES 00 MINUTES 23 SECONDS WEST WITH A CHORD LENGTH OF 29.44 FEET; THENCE NORTH 25 DEGREES 58 MINUTES 51 SECONDS WEST, 12.00 FEET; THENCE NORTHEASTERLY 31.42 FEET ALONG A NON-TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 772.61 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 66 DEGREES 34 MINUTES 08 SECONDS EAST WITH A CHORD LENGTH OF 31.42 FEET TO A POINT ALONG THE EASTERLY LINE OF SAID LOT 41; THENCE SOUTH 16 DEGREES 01 MINUTES 14 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 41, 11.28 FEET TO THE PLACE OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. A EXHIBIT B LEGAL DESCRIPTION OF THE IMPACT FEE IMPROVEMENT PROPERTIES NORTH OPEN SPACE AREA: LOT 98 IN THE FINAL PLAT OF SUBDIVISION OF NORTHWEST CORPORATE PARK UNIT 1, BEING A SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, AND A PORTION OF THE NORTH HALF OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NUMBER 98K103162, EXCEPTING THEREFROM LOTS 63, 64, 65, 119,AND 120 IN THE FINAL PLAT OF SUBDIVISION OF THE GROVE,ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 2004K125816, IN KANE COUNTY, ILLINOIS, ALSO EXCEPTING THEREFROM THAT PART OF SAID LOT 98 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 98; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 98, 168.04 FEET; THENCE SOUTH 34 DEGREES 07 MINUTES 02 SECONDS WEST, 18.30 FEET; THENCE SOUTH 51 DEGREES 06 MINUTES 31 SECONDS WEST, 11.60 FEET; THENCE SOUTH 27 DEGREES 35 MINUTES 33 SECONDS EAST,29.22 FEET; THENCE SOUTH 29 DEGREES 57 MINUTES 30 SECONDS WEST, 46.54 FEET; THENCE NORTH 87 DEGREES 50 MINUTES 58 SECONDS WEST, 25.96 FEET; THENCE SOUTH 39 DEGREES 10 MINUTES 30 SECONDS EAST, 25.65 FEET; THENCE SOUTH 66 DEGREES 48 MINUTES 37 SECONDS EAST, 58.29 FEET; THENCE SOUTH 20 DEGREES 06 MINUTES 55 SECONDS WEST, 59.20 FEET; THENCE SOUTH 35 DEGREES 01 MINUTES 11 SECONDS EAST,3.32 FEET TO THE NORTHEAST CORNER OF SAID LOT 65;THENCE SOUTH 88 DEGREES 39 MINUTES 55 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 65, 85.04 FEET; THENCE NORTH 58 DEGREES 21 MINUTES 59 SECONDS WEST ALONG A NORTHWESTERLY LINE OF SAID LOT 98, 89.28 FEET; THENCE NORTH 01 DEGREES 22 MINUTES 18 SECONDS WEST ALONG THE NORTHWEST LINE OF SAID LOT 98, 140.00 FEET TO THE PLACE OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. ALSO: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 37 MINUTES 40 SECONDS WEST,62.67 FEET TO A POINT ALONG THE WEST LINE OF RANDALL ROAD PER DOCUMENT NUMBER 96K017695; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID WEST LINE, 550.02 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER AND THE PLACE OF BEGINNING; THENCE SOUTH 88 DEGREES 37 MINUTES 40 SECONDS WEST ALONG SAID NORTH LINE, 566.31 FEET; THENCE NORTH 19 DEGREES 36 MINUTES 47 SECONDS EAST, 47.63 FEET;THENCE NORTH 13 DEGREES 57 MINUTES 43 SECONDS EAST,42.68 FEET; THENCE NORTH 09 DEGREES 04 MINUTES 52 SECONDS WEST, 60.41 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 27 SECONDS WEST, 53.35 FEET; THENCE SOUTH 48 DEGREES 50 MINUTES 14 SECONDS WEST, 22.01 FEET; THENCE NORTH 18 DEGREES 37 MINUTES 40 SECONDS WEST,9.95 FEET;THENCE NORTH 62 DEGREES 14 MINUTES 09 SECONDS WEST, 69.67 FEET; THENCE NORTH 64 DEGREES 01 MINUTES 27 B SECONDS WEST, 26.12 FEET; THENCE NORTH 17 DEGREES 00 MINUTES 26 SECONDS EAST, 10.93 FEET; THENCE NORTH 01 DEGREES 22 MINUTES 20 SECONDS WEST, 107.77 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 40 SECONDS EAST, 700.52 FEET TO A POINT ALONG SAID WEST LINE OF RANDALL ROAD; THENCE SOUTH ALONG SAID WEST LINE, 290.74 FEET TO THE PLACE OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. PIN 03-19-400-022 and 03-19-476-004 HARD CORNER LOT: LOTS 100 THROUGH 106 INCLUSIVE IN THE FINAL PLAT OF SUBDIVISION OF THE GROVE, BEING A RESUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF SECTION 30, ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004 AS DOCUMENT 2004K125816, IN KANE COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART OF LOT 106 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 106; THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 106, 14.49 FEET; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST 404.44 FEET MORE OR LESS TO A POINT ALONG THE WEST LINE OF SAID LOT 106; THENCE NORTHERLY 14.46 FEET ALONG THE WEST LINE OF SAID LOT 106, SAID LINE BEING AN ARC OF A CURVE CONCAVE EASTERLY WITH A RADIUS OF 700.00 FEET, SAID ARC HAVING A CHORD BEARING OF NORTH 2 DEGREES 47 MINUTES 03 SECONDS WEST AND A CHORD LENGTH OF 14.46 FEET, TO THE NORTHWEST CORNER OF SAID LOT 106; THENCE NORTH 88 DEGREES 37 MINUTES 28 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 106, 404.92 FEET MORE OR LESS TO THE PLACE OF BEGINNING, ALSO EXCEPTING THEREFROM THAT PART OF LOT 100 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 100; THENCE SOUTHWESTERLY 308.27 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 100, SAID SOUTHERLY LINE BEING AN ARC OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 800.00 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 77 DEGREES 06 MINUTES 00 SECONDS WEST WITH A CHORD LENGTH OF 306.37 FEET,TO THE SOUTHWEST CORNER OF SAID LOT 100; THENCE NORTH 16 DEGREES 01 MINUTES 14 SECONDS WEST ALONG SAID WEST LINE, 11.28 FEET; THENCE NORTHEASTERLY 309.25 FEET ALONG A NON- TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 772.61 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 79 DEGREES 12 MINUTES 02 SECONDS EAST AND A CHORD LENGTH OF 307.19 FEET TO THE PLACE OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. RIGHT OF WAY DEDICATION: THAT PART OF LOTS 100 AND 41 IN THE FINAL PLAT OF SUBDIVISION OF THE GROVE, BEING A RESUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF SECTION 30, ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004 AS DOCUMENT 2004K125816, IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: B BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 100; THENCE SOUTHWESTERLY 337.71 FEET ALONG THE SOUTHERLY LINE OF SAID LOTS 100 AND 41, SAID SOUTHERLY LINE BEING AN ARC OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 800.00 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 76 DEGREES 02 MINUTES 44 SECONDS WEST WITH A CHORD LENGTH OF 335.21 FEET; THENCE NORTH 25 DEGREES 58 MINUTES 51 SECONDS WEST, 12.00 FEET; THENCE NORTHEASTERLY 340.67 FEET ALONG A NON-TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 772.61 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 78 DEGREES 02 MINUTES 08 SECONDS EAST AND A CHORD LENGTH OF 337.91 FEET TO THE PLACE OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. 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' 7/ it / / NORTHWEST PKWY IS EXCLUDED '''•X1/4 '-,- / • // / /,'/. i /,., FROM LEGAL -2":T1 / " ////// ,/,7.•-,•!•:.7,•,;:-.,.q /7,7 / DESCRIPTION / '7 i - ,/7 // , /./.-' /. / / / ,.// tu t I. ,1',r.' / //,///,/,./ 1/ / ,.//•: /,./,// / OF PROPOSED RIGHT OF WAY •' • .,;,-.* ' ' e' /./// /,'/7; //,/,//7/7 ,/, /,/ DEDICATION :4.v....-e...,,. , ,s. ••,. ... .,-_,,,:•--_- ;//r.„/// / , /, ,, , / / 77 , ,---,-,- I I •:---, . -, ,- •.' /, ,/, .), ,- , /. / ///I/. -• ,•'- --., . / /i• ,/ - / / / .• .‘ '', // z• ' y ',' c --, T,v., 1.1',; ..-,-...' ,:i....-1-4-4,4,44.i.tf‘/-,,,,:/itialok:,‘_-•.Cti .-, ., i----: t .. ,‘ ;kr: LTE' . , 11 I 4 • •PA V r..C.'- '.' -.1- ''. N.EA. .1 I I , • "-'' iv.i . , , .. .„4:,-;,, ,t- —__-_– ....–..,,,,– , .1., ,,,,. ...,„ .-. I 1 .A LOT 2 • 4 r - -,-.-V':-•'.'•, -!. I, 10.865 ACRES IV— I '.1 ' i , s . I N.EA. II ' N ril 1 I %11' , — c4 c-F 1 r' .....--'...7-"A'r"-—---,tip-—---7:t.,,•,--- • ) , 14 ri : 11 .—: j il ,„,.. r.._„,----,---„.../.,t:-..,14.:,--- .0E- % . If : ( ?` i ti It 1 .I i I t I .; • ''• !I' I ..,a'•-•• - I: k. N.EA -- -- I ,...1,,,i•A ....,--.7..7:4. ''./vt•••i-7,,,-I : : r. k.-•F-u,• ......n 7 1 .e 4.—r 4:.•;"li, i I .• • I ..• 1 .7 • r 4 i I 1 LOT I 1; ig 1 g !' , 1 1 '4 .,4 . 14,1 ..., 1.930 ACRES 4-/-•El 2,,1 .i // -i'.r- NIA I -. , -- A g 1 - k-,A—-Is --/ it. - l'../-17MT: g 1, , ;:.""<:1: ,.,.. 13 PROPOSED .\—r'.1`...,," II RIGHT OF 1 ir WAY .,..\\._ 1 ', - '\-.--fr,, -?,-._.....,.-;;.- '-' 1, .1 i rja, „...,,, --,-, DEDICATION ,..,..1,- ...4fa, ...:. , \ % v-'- . .- ---6-79 • -.... .10 . ...16.21,4in ro '-r''''V\.,\-- '-7.. .-:--1.-_—_-. •,''...-':":-... ....a r" I. -„ B-1 EXHIBIT C IMPACT FEE IMPROVEMENTS AND ESTIMATED COSTS Summary Line-Item: Exhibit Scope $Amount Exhibit C-1 Trail, Sidewalk Improvements & Restoration $187,355.60 Exhibit C-2 Right Turn Lane & Light Fixtures $173,375.20 Exhibit C-3 Electrical Improvements $139,500.00 Exhibit C-4 Landscape& Hardscape Improvements $229,956.75 Total Estimate $730,187.55 NOTE—All offsite improvements are noted throughout RWG Engineering civil plans including revisions dated November 27, 2017 C EXHIBIT C-1 TRAIL, SIDEWALK IMPROVEMENTS AND RESTORATION [See Attached] C-1 1-D 8T-TT I ' i _ _-_: FFA- :i' .t..1 y , _ ® -? �f� �:.-_:.� ''i4T�..Yf--`•�_ ^r - . ;,.may-- 7....:\: 1 . : ._ _- /f/;.'-('/Ii.,f •^ :. _ �„ , _ ,,.- ,,0 '1 � ; . I. i Will 11' ,1.11 1 1. , 1., ;. I.....,..:-:..„ i 'y1.......1............,.... II 1 �1� i .. .. } .; (I\OJ I \\ :PI.)\-WI-•\M1,1 ;, t \ --- z F D .def o f l:. j° j'f , in t tt 1; I\ u‘ I:►2I!A "-- , XwiI(1 :: , :;' N.12GI.IOH I(II,) 1 0 I, 11.1. _. _. '... _ ; / . . . . . . . . - Y1=111•' . ` //. gMNi70. '��.�, $ ?I H 11 ll 111 1 1 11 : "s;?% .•4,: Fps - /I _ T I 1111 \:,rI �,�ll I I GI:I:I:( -'1-%w.l'. �'•"'Yf. I I • . . .. ., .: /. • :'.I 'JNiu"^a n 1:.3•..111:011 I 'i I'' a I, ' :" I • " .;- -.I !7-7; -1.: , i I i I • I ; - — — - —L _ --- -I. I .11. r- -- !:I•:bl! I .... ..., -- ' 'I ' ' '.'r--,1.--.. ,I'--,I r---' . - / • - .44 .-- _-, ]' L' • '''''"1-. 1- 1r '-` '_._- -- — . • , -‘, ,,,;.....-,4 , VAKAGE MIIV_I_ ,I i' ___,' i I L ...- . S!GNAGF.LEGO%) , ;•t''. — r - . - - - - - - .;,, - .- 7,P,..2...:7., , - .....,.. ,•,. :..,r ,r- ,r- ,II ,1 1 ...• - . ;•f 4; '' _. ,.__. • i -1 , 1 I 1. • L . --Am- ..... 1 \( 1 1 1)11)1 f;j()11 . ti...., ;I , us < \(.121 ! \11 ' I .4'..' '.'• '1 rt • ,''' i'l';',..,441't4rii.'-' 1 ,,, ce i 7...*.t,r::f..-,......i.. , co :1.... ..., J <= .' ...','. ...---".',,•.t, ,• 40.iie,,k 1, LIGHTNG LEGEND Z g • X' 7 ... ..., 71. .., , • -vi ! • '.i, tu & 1 : 4t;":.• . . '‘ :-"'"-*:;:ir- zner.:"i"..-...., I AEU r- L' a - ra:SU WtQLS I 5 • .._ ...,.....,___ ,... -- --•- ,. „___ .... _ , .,; I' ‘ '' ( • m.: i I'l .;;;:r.-:•.<'' ''..- •• - • ..,...;I:; ;1 • z ‘.•,'•r 4 I 4, ,„).-'14.`” .,k -,' --- • _._. _.,,i.i . --, s•i'. , % ''' '—r"..— . k, 1,,,,, ,NL .e's • •'.; 1,- 1 'MAI.,..11 '.,..,A. 1 1, - 4 _ .. . '.1 ..., , '..",./ , 4.• ;1,ii4 1 ,:-. -- •... .?1'17:111A kc . ,i4Ottafftlis-Kin, 4. 4 'Cill/b‘9511: - -U ,,4 iklii,,,:-.72.74.1:1'..1'• i If ‘c I Iv- ,"rt"; 1 ',•'•. - ---- ...,, ,I meN4111141C CUREVSIDFWAIK OsTTIN --- . ' ....: I' ' -Id_ '.... Al Pl£111 ARV.It CAIMPAt an rART - •- • r_ .' . 1.1,1i. •'" — :_-_1 u- 7'.• • --- •; .' I .1,11 ..•, :.',..4f. - _ , -;,I ' „f. ' ...J 1 , , , 11 .% Ir 4, •ic:.), '.2c3.A;;L'_j; 61 J' __ ii:. J.1... LI: • I 11, . ' ''A I Li__i 1 ' f:‘: 0: ', ..,,,•15 ' ' -‘1..,-, ,,,. ,„.,., , . s.i _ -...-.2:_-.-,..2„,,,..;,-,- — - 0,• - 1 1 l'i A r.;---" '-:..-----,::.:-.•;. . . ' t,. ., •:, ., „., ..i. 1 _ • " _ __ •=.:. -- -.17-----___-i.---T. - ..;1 -- ---='-'2_-4.--..._,-.-.-_.:.:----_=_..-- '_-_-_ -.-_-_- _=-- -_- --7 _ = _-. .1--- _- = =- —=— - - ___ ... ._ ...... ..__ ---------- _ _ _.. ._ ___ ___ . ....... . ...,..Ert 5 '18 C-1 EXHIBIT C-1 SCOPE OF WORK AND TOTAL COST Estimated Budget: $187,355.60 Scope: • Subgrade prep for walking trail ❑ 18,255 SF x $ 1.50= $ 27,382.50 • Aggregate material & compaction for walking trail -450 CY x $ 55.55 = $ 24,997.50 • Sidewalk aggregate &concrete - 18,255 SF x $ 7.12 = $ 129,975.60 • Backfill new walks &trails - 1 LS x $5 ,000.00= $ 5,000.00 TOTAL FOR C-1 = $ 187,355.60 C-1 EXHIBIT C-2 RIGHT TURN LANE & LIGHT FIXTURES - 4.1001 44 •� • fret 4111°1 U /'r �ti- r, 4 's 0 . • ��, �E:I'n.c. ONE `•. • .•• ,1•' ,,T'•'S • LOT_ ; • 5 ', f :i;;. � Z ' E CC 0k ar',r i I I sit I ' 1 .N \ o CEPTUAL RETAIL 1 DE OPMEN•T { n I I I • ) , C I i i R it GIil rl TURN ill . I \ •ii 7- ; .4 i 1#I - %.., n• .IR: '..-1",',1,0-•,'..-1",',1,0-•' i'; .,1' ' : GN 1C? FTI I I r'•• c,� : •t.' :It ILA I r 1 Iy - f`�, ..- �.Jt�,i G•r. I i _ T�. L__ , -- { 114 4. 9w _ ni 9 rpt I . 0 7dlt. ), Q h '�I "' # , RETINC-- - - {I 'I ':P'IE_ .-- eitLL HEI:HT'Yd_tm'• I '4 E; Fn"'" Y T„ ii' C-2 Z-D .;:f.+— .thI f I __ . . . -7'..::'\''''''. .•* • a 1. ) ` ,': ,' , J 4 i x I .a irs I i'1f _. - _. +�S .rl.-. �ri I--- I r i I I.• 1 1 • t ` (1 i k l V i otip 41 • -i ,t.tt'td .I 1S3ttgl.joN apu .t n � OJ ieuoipalK • - .tIgEuDssV • i' SJSL'411 z • i sOlod Itribri Z • IP--Z G :s1antjj.. j ''i . • • '!•r NQ `_ :.”'.141c3 I.1' �-1 4"1'0%.*:� . •r EXHIBIT C-2 SCOPE OF WORK AND TOTAL COST Estimated Budget: $173,375.20 Scope: • Provide traffic control ❑ Jersey barrier, signs, flagman- 1 LS x $ 40,000.00=$ 40,000.00 • Demo curbs,parkway, structures - 1 LS x $ 9,000.00= $ 9,000.00 • Excavate and remove sub❑grade - 388 CY x $46.40=$18,003.20 • Install storm sewer, structures &backfill - 688 LF x $45.00= $30,960.00 • Fine grade sub❑grade - 10,500 SF x $0.50= $5,250.00 • Install compacted aggregate base, asphalt &markings - 1,167 SY x $31.00= $36,177.00 • Provide curb and gutter- 695 LF x $23.00= $15,985.00 • Light poles—2 EA x $3,500 =$7,000 • Bases—2 EA x $1,000= $2,000 • Assembly—2 EA x $1,000 =$2,000 • Directional bore under Northwest Pkwy— 1 EA x $5,000= $5,000 • Wiring— 1,000 LF x $2.00 = $2,000 TOTAL FOR C-2 =$173,375.20 C-2 EXHIBIT C-3 ELECTRICAL IMPROVEMENTS /See Attached., C-3 -- — .;,1 i -- : t_ •, . :--• .-• I ! 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I I ",,,- • ,ft' - , 1 •-, • • - "-* ' • I * I:1:. /- l' :' :1 — I ,... 7... 7.• _:,; i ' ' 1.I 1 8 fl ''. „.. ,...., _. • • I t ; r • 1 - : . ... I i •, -- ,... LI . ' --; ••"' - ! ,i • / 7,,,- 7: g. i • ; -, . _.... . , ._ .. _. C") ! 11. t,.. t...) '! , •... . ..... .. 1.- = , •,. 1; li; — 7 I : I ' i * . , .-. , ' ..., :*s • I; e. ".''r , i 1,„ , ;',.% ''.,''-t-;•0•1' -. .., L. -I : I • I I , ; k I .1 '.• ' ' ••• • I ' '.II I•7 •I I-• ' i I - •\`'k 'I- -•• "It , t IIII I:7 I' / I 'I. II••••,, ..,. 1 !ill ,t 5. _ • .• : .: I i- .'.-. I I ni g 1 I 1 [ : I i fp •Ii4•.",, 4 fii •:.:H • • •"-; i•--e•,:• ! ...la :1:; p,..., . .... , .. il, ;i- ,..••••:": ' , --: • ;•I ''''. • :, i II ";!3•I: .., -s -• ••• A. "s1 ''.;V: !1.. • ,". 4..", tt i%it,1 ,0 (./, -:': '''-'' f '4• ' 1:. p ,s.v„„.. i7. i I ',..' i, • .5-a.. ' X g V .:` 9 ,•! i : •I E ' @Mi .- ei .t, ,.„ WATERMA4K AT PIE GROVE --. —:+— Ef...GtN.!WHO'S .-..-+p.t.--L: . ..... ....,......,.... LW - iEngineerng, .74!..,:r uGnit I V:,h•GNAGE MO S'RIPI NG'LAY `• • • • I I is -; • li :� . n __ •r - .. - ._. . ,, „.,' ,,A,,,„ k,...„..„:„.„,/.....--- _ j:9-__:„._,,-, _... , , _ ;� k' t:`]:,.^-a z 44.-_-r: ,,:•. -7.... ;- tet`* -I: I' . ' '=' • -_ ...___ fir`tt 7,I .-. 9`''1 , .1 - i — Vis, _ n I k• ir �` I! i;..:• ;' / ro ' f.. f i• '7• 'I •: = : , • 1' • I ,. , ' } „-_ - III ' i I I ! I'I. ' l .. . _ .. __ - • _ — — — — i - 1- T '/ t r } / • - . • ; . 1. r 3'f.. ;tom WATERMARK ATTHE GROVE r+ `- I i R''` G e_ccx,ILLINOIS CO6.6 " Engineering, LLC .:...::"; NORM DLrLNT:ON POND w• - �• • -• • • • EXHIBIT C-3 SCOPE OF WORK AND TOTAL COST Estimated Budget: $139,500.00 Scope: • Provide 2 new light poles & foundations - 2 EA x $4,000.00= $8,000.00 • Provide new electrical service and utility box - 1 LS x $121,000.00 =$121,000.00 • Provide pond fountain with electrical connections - 1 EA x $3,500.00= $3,500.00 • Provide 4 aerators with electrical connections - 4 EA x $1,250.00= $5,000.00 • Provide misc. materials & labor for systems - 1 LS x $2,000.00= $2,000.00 TOTAL FOR C-3 = $139,500.00 C-3 EXHIBIT C-4 LANDSCAPE AND HARDSCAPE IMPROVEMENTS [See Attached! C-4 SI•11.11:(4 PROPFR IV l:\('1,1 1)1:1) FRO\1 k(;1211:\11—\T 4AVRRA 11) -^' ' *TM TOEEETL1.a J-- '7 l'im _. . _ (1 . / .04�• SFlI ,REI ()I•I•-S I I I'. et1 1 i G�t�/ er " az I._1\I)S('\PI\(i --. %....60 441) I\1P12OVF:A1F\l S , 1 L U ////1 1-MA E. Rta41"\\ss................ I _i ______ — \t .2 I 1\I)'( %i PING +001111` PI,1\ 1:01Z \1OIZI: -�"- Dr!.\II, NO 1 UNMAN PIM-Y SCALE:'"=30'-0' C-4 )) . 1 _j -1=1. i " »... ri,,...... 11-1 0 .4..,:,,t„r„; 4moo. 4,10- IP �r,� r �� i ;s4 ' a�� �� 2�`ti11111111161b* �V ti;Nv0 a .�°1 0 r.......,00.4 I' igie 1 0 A.A., , , „, SiTLJ B- ;�IDSC 1B�I 1...----- AilaWk0.C) : • RO1 U j. I % ,,,c._ '- SI • 'Bard Scape • Landscaping • Irrigation • Accent/Safety Lighting • See preliminary Sheets: oL1.3 o L1.4 o Ll.98 o L1.913 EXHIBIT C-4 SCOPE OF WORK AND TOTAL COST Estimated Budget: $229,956.75 Scope: • Provide subLgrade preparation- 10,665 SF x $0.75 = $7,998.75 • Provide all plantings along Watermark Drive - 162 EA x $191.00 = $30,942.00 • Provide all plantings at north terrace - 290 EA x $104.00= $30,160.00 • Provide all hardscape planters & seating north terrace- 7 EA x $5,014.00 = $35,098.00 • Provide sidewalks per L1.9A and L1.9B - 6850 SF x $7.12 = $48,772.00 • Provide seating&tables & access. per L1.9A and L1.9B - 47 Items x $638.00= $29,986.00 • Provide metal pergola- 1 EA x $45,000.00 = $45,000.00 • Provide other misc items per L1.9A and L1.9B - 1 LS x $2,000.00= $2,000.00 TOTAL FOR C-4 = $229,956.75 C-4