11-120 Resolution No. 11-120
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH K. HOVNANIAN T&C HOMES AT ILLINOIS, L.L.C.
DB/A TOWN& COUNTRY HOMES
(Providence Subdivision - Heritage Park)
WHEREAS, City and the owner and developer of certain property within the Providence
Subdivision have proposed that the annexation agreement between such owner/developer and the
City of Elgin be further amended; and
WHEREAS,after due notice as required by law,a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS,the proposed Second Amendment to Annexation Agreement with K.Hovnanian
T&C Homes at Illinois, L.L.C. d/b/a Town& Country Homes is in the best interests of the City of
Elgin.
NOW, THEREFORE, 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,on behalf of the City of Elgin,the Second Amendment to
Annexation Agreement with K. Hovnanian T&C Homes at Illinois, L.L.C. d/b/a Town& Country
Homes, a copy of which is attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SECOND AMENDMENT TO ANNEXATION AGREEMENT
This Second Amendment to Annexation Agreement ("Amendment Agreement") is made
and entered into this 13 day of July 2011, by and between the City of Elgin,
an Illinois municipal corporation (hereinafter referred to as the "City"), and K. Hovnanian T&C
Homes at Illinois, L.L.C., an Illinois limited liability company, d/b/a Town & Country Homes
(hereinafter referred to as the"Developer").
WHEREAS, the City and National Developers, Inc., an Illinois corporation, d/b/a Town
& Country Homes, entered into an Annexation Agreement dated May 14, 2003 (the "Subject
Annexation Agreement");and
WHEREAS, the City and Hovstone Properties of Illinois, L.L.C., d/b/a Town & Country
Homes, successor in interest to National Developers, Inc., entered into First Amendment to the
Subject Annexation Agreement dated November 14, 2007(the"First Amendment"); and
WHEREAS, Developer, K. Hovnanian T&C Homes at Illinois, L.L.C., d/b/a Town &
Country Homes, is the successor-in-interest to National Developers, Inc., d/b/a Town & Country
Homes and to Hovstone Properties of Illinois, LLC,d/b/a Town&Country Homes; and
WHEREAS, the Subject Annexation Agreement relates to the annexation and
development of the Providence Subdivision, such property being legally described in Exhibit A
to the Subject Annexation Agreement(hereinafter referred to as the"Subject Property"); and
WHEREAS, the Subject Annexation Agreement provides for Developer to improve and
thereafter dedicate and convey to the City a park site within Phase III of the Subject Property
known as Heritage Park, such park site being bounded by Friendship Street, Moulton Avenue,
Heritage Park Way and Fountain Avenue (hereinafter referred to as"Heritage Park"); and
WHEREAS, there is currently located on the eastern portion of the Heritage Park site an
existing topsoil pile which the City and the residents within the Providence Subdivision desire to
have the Developer remove as soon as possible (hereinafter referred to as the "Subject Topsoil
Pile"); and
WHEREAS, the parties hereto wish to enter into a second amendment to the Subject
Annexation Agreement to document certain agreements between the parties with respect to the
removal of an the Subject Topsoil Pile on Heritage Park and the design, construction and
conveyance of Heritage Park;and
WHEREAS, the City of Elgin City Council has conducted a public hearing on this
proposed Second Amendment to the Subject Annexation Agreement, as required by law.
NOW, THEREFORE, for in consideration of the mutual promises and undertakings as set
forth herein and other good and valuable consideration, the receipt and sufficiency of which is
mutually acknowledged,the parties hereto agree as follows:
1. The foregoing recitals are incorporated into this Second Amendment Agreement.
2. Developer, at its cost, shall provide for the development and construction of
Heritage Park pursuant to the plans therefor prepared by Hitchcock Design Group
entitled "Providence — Heritage Park" dated May 27, 2011, attached hereto and
made a part hereof as Exhibit A (hereinafter referred to as the "Subject Plans for
Heritage Park").
3. Phase I of the construction of Heritage Park shall consist of that portion of
Heritage Park and the improvements and appurtenances thereto to be constructed
thereon as depicted in the Subject Plans for Heritage Park, located westerly of the
existing Subject Topsoil Pile and includes all of the park improvements and
appurtenances thereto, with the exception of the baseball/soccer fields depicted in
the Subject Plans for Heritage Park at the eastern end of Heritage Park
(hereinafter referred to as "Phase 1 of Heritage Park"), Phase I1 of the
construction of Heritage Park shall consist of that portion of Heritage Park located
easterly of Phase I of Heritage Park on the easterly end of the park site which is
currently located under the existing Subject Topsoil Pile and shall include the
final grading of such area and the construction of the baseball/soccer fields and
the other appurtenances located on said portion of the park as depicted on the
Subject Plans for Heritage Park (hereinafter referred to as "Phase II of Heritage
Park"). Developer shall commence the construction of Phase I of Heritage Park
no later than within thirty (30) days of the entry into this Second Amendment
Agreement. Developer shall substantially complete the construction of Phase I of
Heritage Park on or before October 1, 2011, and Developer shall fully complete
the construction of Phase I of Heritage Park on or before November 1, 2011.
Developer shall commence the construction of Phase II of Heritage Park on or
before October 1, 2013. Developer shall substantially complete the construction
of Phase II Heritage Park on or before March 1, 2014, and Developer shall fully
complete the construction of Phase 11 of Heritage Park on or before April 1, 2014.
Developer shall be deemed to have commenced the construction of a phase of
Heritage Park upon the commencement of the installation of improvements for
such phase of the park on the Heritage Park site as depicted in the Subject Plans
for Heritage Park.
4. The parties hereto acknowledge that the Developer has completed the lowering of
the elevation, the reduction of the grades of slopes and the planting of stabilizing
vegetation on the existing Subject Topsoil Pile located on the easterly portion of
the Heritage Park site. Until such time the Developer provides for the removal of
the entire Subject Topsoil Pile from the Heritage Park site, the Developer at its
cost shall (a) install and maintain silt fencing around the entire Subject Topsoil
Pile; (b) maintain the Subject Topsoil Pile and surrounding area in a clean and
sanitary condition including keeping the surrounding area and streets free from
dirt and mud; (c) maintain the Subject Topsoil Pile in a safe condition including
from time to time regrading the Subject Topsoil Pile by further lowering the
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elevation thereof as soil is removed and to prevent the creation of any unsafe
slopes, grades or other conditions; (d) maintain stabilizing vegetation on the
Subject Topsoil Pile; (e) install and maintain a security fence six feet in height
separating the Subject Topsoil Pile from the Phase I of Heritage Park.
5. Developer shall provide at its cost for the removal of the entire Subject Topsoil
Pile from the Heritage Park site on or before October 1, 2013. The removal of the
Subject Topsoil Pile by Developer from the Heritage Park site shall include the
removal of all topsoil and the grading of the area in accordance with the Subject
Plans for Heritage Park. In the event the Developer fails to provide for the
removal of the entire Subject Topsoil Pile from the Heritage Park site as required
in this paragraph, the Developer agrees that in addition to other remedies
available to the City at law or in equity, that upon sixty (60) days written notice
from the City to the Developer of Developer's breach of the provisions of this
paragraph and Developer's failure to cure same, that the City is authorized and
permitted to enter onto the Heritage Park site through its employees, agents or
contractors to provide for the removal of the Subject Topsoil Pile from the
Heritage Park property. In the event the City provides for the removal of the
Subject Topsoil Pile from Heritage Park Developer shall reimburse the City the
cost thereof or the cost thereof shall be paid or reimbursed to the City from the
proceeds of the soil erosion control performance bond for Phase III provided for
under bond number 08778144.
6. In consideration of Developer's construction of Heritage Park as provided herein,
the City agrees to waive additional unpaid park impact fees for the Providence
Subdivision in the total amount of Sixty Thousand Two Hundred Twenty Dollars
($60,220.00). Such waiver shall be provided by the City to Developer on a per-
building permit basis for the remaining building permits to be issued for
residences within the Providence Subdivision.
7. The City and the Developer agree that the current routing of the bike paths
constructed in Phase I of the Providence Subdivision on the Subject Property is
acceptable and that no additional bike paths in Phase I along the Nicor right-of-
way shall be required.
8. Upon completion of the construction of Phase I of Heritage Park by Developer
and the inspection and approval of same by the City, Developer shall convey the
Phase I portion of Heritage Park to the City. Upon the completion of the
construction of the Phase II of Heritage Park and the inspection and approval of
same by the City, Developer shall convey the Phase II portion of Heritage Park to
the City. Each of such conveyances from the Developer to the City shall be by
recordable warranty deed, subject only to general real estate taxes for the year of
conveyance and subsequent years, public utility easements and covenants,
conditions and restrictions of record, if any, which do not interfere or prohibit the
City's intended use of such property as a public park.
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9. The parties hereto intend that the terms and provisions of this Second Amendment
Agreement shall apply notwithstanding any provisions in the Subject Annexation
Agreement or the First Amendment to the contrary. In the event of any conflict
between the terms and provisions of this Second Amendment Agreement and the
terms and provisions of the Subject Annexation Agreement or the First
Amendment, the terms and provisions of this Second Amendment Agreement
shall supersede and control. It is the intent of the parties hereto that the terms and
provisions of this Second Amendment Agreement are intended to amend and
supersede and control over any contrary provisions of the Subject Annexation
Agreement or the First Amendment.
10. Except as specifically amended in this Second Amendment Agreement, the terms
and provisions of the Subject Annexation Agreement, as previously amended
pursuant to the First Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Second
Amendment Agreement as of the date and year first written above.
K. Hovnanian T&C Homes at Illinois, L.L.C. City of El
d/b/a Town&Country Homes
By:
By: —� Mayor
Its
Attes
City Clerk
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Memorandum
City of Elgin
Date: July 6, 2011
To: Mayor and Members of the City Council
From: Sean R. Stegall, City Manager
William A. Cogley, Corporation Counsel/Chief Development Officer
Subject: Public Hearing Regarding a Second Amendment to Annexation Agreement with
K. Hovnanian T&C Homes at Illinois, L.L.C. d/b/a Town& Country Homes
(Providence Subdivision-Heritage Park)
The purpose of this memorandum is to submit information on the proposed second amendment
to the annexation agreement with K. Hovnanian T&C Homes at Illinois, L.L.C. regarding the
development of Heritage Park in the Providence Subdivision.
You may recall that a number of weeks ago residents from the Providence Subdivision appeared
at a city council meeting and addressed the council regarding the topsoil pile on a park site in the
Providence Subdivision and the lack of the development of such park site. The park site in
question is Heritage Park. Such park is located in Phase III of the Providence Subdivision.
Town & Country Homes is the Developer of such subdivision.
As part of mass grading efforts in the Providence Subdivision, Town & Country Homes
previously placed surplus topsoil on the park site. Town & Country Homes has been removing
topsoil from the topsoil pile and placing it on completed home sites as such home sites are
developed. Town & Country advises that it requires a majority of this topsoil for the remaining
undeveloped lots within the subdivision when such lots have been developed with new homes.
City staff has had ongoing discussions with Town & Country and area residents over the
development of the park site. On May 18, 2011, Councilman Dunne, City Manager Stegall and
Corporation Counsel Cogley, Randy Reopelle and Paul Bednar attended a meeting with Town &
Country representatives and a large number of residents. The meeting took place at the
boathouse park site in Phase II of the Providence Subdivision. The meeting began in a
somewhat contentious manner with the residents expressing their frustration and anger to the
Town & Country representatives over the topsoil pile still being located on the park site and the
lack of development of the park site. Town & Country's representatives initially stated in the
meeting that they would be agreeable to developing the portion of the park site not located under
the topsoil pile (approximately the western two-thirds of the park site) this year, that they would
agree to remove the topsoil pile completely within four years and thereafter develop the balance
of the park site. After further discussions a consensus appeared to be reached whereby Town &
Country would develop the approximate two-third western portion of the park site this year,
remove the topsoil pile completely within approximately two years and thereafter construct the
balance of the park site.
Mayor and Members of the City Council - 2 - July 6, 2011
Attached is a proposed agreement between the city and Town & Country regarding this matter.
The proposed agreement is in the form of a second amendment to the annexation agreement.
Because the agreement is in the form of an amendment to the annexation agreement the
agreement requires a public hearing. The proposed agreement may be summarized as follows:
I. Town & Country (the "Developer") at its cost will provide for the development
construction of Heritage Park pursuant to the plans prepared by Hitchcock Design Group
attached to the agreement as Exhibit A. These plans have been reviewed and approved
by city staff and provide for the improvement of this park site consistent with the
improvements of the Settlers Park site in Phase I of the Providence Subdivision. These
plans (except for modest final revisions thereto) were distributed to the residents at the
meeting on May 18, 2011. Heritage Park will include the various improvements typically
required by the city for neighborhood parks including soccer fields, a baseball field,
basketball courts, a tennis court, a playground area and a shelter.
2. Phase I of the construction of Heritage Park will consist of that portion of Heritage Park
located westerly of the existing topsoil pile on the site. Phase I will include all of the
park improvements with the exception of the baseball/soccer fields depicted in the plans
at the eastern end of the park site. Phase II of the construction of Heritage Park will
consist of that portion of Heritage Park located easterly of Phase I on the easterly end of
the park site which is currently located under the existing topsoil pile. Phase II will
include the final grading of such area and the construction of the baseball/soccer fields as
depicted on the park plans. Developer must commence construction of Phase I of
Heritage Park no later than within thirty (30) days of the entry into the agreement.
Developer must substantially complete the construction of Phase I of Heritage Park on or
before October 1, 2011, and Developer must fully complete the construction of Phase I of
Heritage Park on or before November 1, 2011. Developer must commence construction
of Phase II of Heritage Park on or before October 1, 2013. Developer must substantially
complete the construction of Phase II of Heritage Park on or before March 1, 2014 and
Developer must fully complete the construction of Phase II of Heritage Park on or before
April 1, 2014.
3. Developer has recently completed the lowering of the elevation, the reduction of the
grades and slopes and the planting of stabilizing vegetation on the existing topsoil pile on
the Heritage Park site. Until such time as Developer provides for the removal of the
entire topsoil pile, the Developer at its cost shall (a) install and maintain silt fencing
around the entire topsoil pile; (b) maintain the topsoil pile and surrounding area in a clean
and sanitary condition including keeping the surrounding area and streets free from dirt
and mud; (c) maintain the topsoil pile in a safe condition including from time to time
regrading the topsoil pile by further lowering the elevation thereof as soil is removed and
to prevent the creation of any unsafe slopes, grades or other conditions; (d) maintain
stabilizing vegetation on the topsoil pile; and (e) install and maintain a security fence six
feet in height separating the topsoil pile from the Phase I of Heritage Park.
4. Developer at its cost must provide for the removal of the entire subject topsoil pile from
Mayor and Members of the City Council - 3 - July 6, 2011
the Heritage Park site on or before October 1, 2013. If the Developer fails to provide for
the removal of the entire topsoil pile from the park site as required in the agreement, after
sixty (60) days written notice from the city to the Developer the city is permitted to enter
onto the park site through its employees, agents or contractors to provide for the removal
of the topsoil pile from the Heritage Park property. In the event the city provides for the
removal of the topsoil pile from the Heritage Park site Developer is required to reimburse
the city the costs thereof or the costs thereof shall be paid or reimbursed to the city from
the proceeds of the existing soil erosion control performance bond for Phase III.
5. The city has a park capital improvement contribution it imposes in annexation
agreements whereby developers pay such fee to the city to be utilized by the city for park
improvements. The annexation agreement for the subject property provides a credit to
the Developer of $364,331 from the park capital improvement contributions which the
Developer is to utilize to improving the neighborhood parks for the city. The annexation
agreement further provides that the city shall not require the Developer to make
improvements to the neighborhood parks beyond the amount of such credit of$364,331.
Developer has submitted documentation that it has already expended funds in excess of
the existing park capital improvement contribution credit of $364,331 for the previous
construction of neighborhood parks within the subject Providence development. City
staff estimates that the Developer's cost to build Heritage Park pursuant to the agreed to
plans is in the range of $325,000 to $350,000. In consideration of Developer's
construction of Heritage Park, the agreement provides that the city will agree to provide a
credit for additional yet to be paid park impact fees for the Providence Subdivision in the
amount of $60,220. Such credit will be provided by the city to Developer on a per
building permit basis for the remaining building permits to be issued for homes to be
built within the Providence Subdivision.
6. The parties would agree that the current routing of bike paths constructed in Phase I of
the Providence Subdivision is acceptable that no additional bike paths in Phase I along
the Nicor right-of-way in Phase I shall be required. The original plans for Phase I called
for a portion of the bike paths to be constructed along the Nicor right-of-way. The plans
were thereafter amended to provide for an alternative routing which is located along
Longcommon Parkway and then westerly along the north boundary area of the property.
Such alternative routing was based upon preliminary indications that Nicor would agree
to bike paths across but not along its right-of-way. The alternative routing of the bike
path has already been constructed by the Developer and is acceptable and agreeable to
city staff.
7. Upon the completion of the construction of Phase I of Heritage Park by the Developer
and the inspection approval of same by the city, the Developer will convey the Phase I
portion of Heritage Park to the city. Upon completion of the construction of Phase 1I of
Heritage Park and the inspection approval of same by the city, the Developer will convey
Phase II of Heritage Park to the city.
It is the opinion of city staff that the proposed agreement constitutes an acceptable compromise.
The agreement provides for the construction of a majority of Heritage Park this year and for a
Mayor and Members of the City Council - 4 - July 6, 2011
definitive schedule for the removal of the topsoil pile and the development of the remaining
portion of the park site.
Corporation Counsel Cogley contacted one of the neighborhood representatives and provided her
a verbal summary of the proposed agreement. The neighborhood representative seemed satisfied
with the terms of the proposed agreement. Additionally, on June 27, 2011, a copy of the
proposed agreement along with a summary of the agreement was transmitted to approximately
eighty residents who attended the May 18 meeting and provided their e-mail address. City staff
has not received any comments back from the residents regarding the proposed agreement.
The next item on the other business agenda is a resolution authorizing execution of the proposed
second amendment to the annexation agreement.
bf
Attachment
SECOND AMENDMENT TO ANNEXATION AGREEMENT
This Second Amendment to Annexation Agreement ("Amendment Agreement") is made
and entered into this— day of 2011, by and between the City of Elgin,
an Illinois municipal corporation (hereinafter referred to as the "City"), and K. Hovnanian T&C
Homes at Illinois, L.L.C., an Illinois limited liability company, d/b/a Town & Country Homes
(hereinafter referred to as the"Developer").
WHEREAS, the City and National Developers, Inc., an Illinois corporation, d/b/a Town
& Country Homes, entered into an Annexation Agreement dated May 14, 2003 (the "Subject
Annexation Agreement"); and
WHEREAS, the City and Hovstone Properties of Illinois, L.L.C., d/b/a Town & Country
Homes, successor in interest to National Developers, Inc., entered into First Amendment to the
Subject Annexation Agreement dated November 14, 2007(the"First Amendment"); and
WHEREAS, Developer, K. Hovnanian T&C Homes at Illinois, L.L.C., d/b/a Town &
Country Homes, is the successor-in-interest to National Developers, Inc., d/b/a Town & Country
Homes and to Hovstone Properties of Illinois, LLC, d/b/a Town& Country Homes; and
WHEREAS, the Subject Annexation Agreement relates to the annexation and
development of the Providence Subdivision, such property being legally described in Exhibit A
to the Subject Annexation Agreement(hereinafter referred to as the"Subject Property"); and
WHEREAS, the Subject Annexation Agreement provides for Developer to improve and
thereafter dedicate and convey to the City a park site within Phase III of the Subject Property
known as Heritage Park, such park site being bounded by Friendship Street, Moulton Avenue,
Heritage Park Way and Fountain Avenue (hereinafter referred to as"Heritage Park"); and
WHEREAS, there is currently located on the eastern portion of the Heritage Park site an
existing topsoil pile which the City and the residents within the Providence Subdivision desire to
have the Developer remove as soon as possible (hereinafter referred to as the "Subject Topsoil
Pile"); and
WHEREAS, the parties hereto wish to enter into a second amendment to the Subject
Annexation Agreement to document certain agreements between the parties with respect to the
removal of an the Subject Topsoil Pile on Heritage Park and the design, construction and
conveyance of Heritage Park; and
WHEREAS, the City of Elgin City Council has conducted a public hearing on this
proposed Second Amendment to the Subject Annexation Agreement, as required by law.
NOW, THEREFORE, for in consideration of the mutual promises and undertakings as set
forth herein and other good and valuable consideration, the receipt and sufficiency of which is
mutually acknowledged, the parties hereto agree as follows:
1. The foregoing recitals are incorporated into this Second Amendment Agreement.
2. Developer, at its cost, shall provide for the development and construction of
Heritage Park pursuant to the plans therefor prepared by Hitchcock Design Group
entitled "Providence — Heritage Park" dated May 27, 2011, attached hereto and
made a part hereof as Exhibit A (hereinafter referred to as the "Subject Plans for
Heritage Park").
3. Phase I of the construction of Heritage Park shall consist of that portion of
Heritage Park and the improvements and appurtenances thereto to be constructed
thereon as depicted in the Subject Plans for Heritage Park, located westerly of the
existing Subject Topsoil Pile and includes all of the park improvements and
appurtenances thereto, with the exception of the baseball/soccer fields depicted in
the Subject Plans for Heritage Park at the eastern end of Heritage Park
(hereinafter referred to as "Phase 1 of Heritage Park"). Phase II of the
construction of Heritage Park shall consist of that portion of Heritage Park located
easterly of Phase I of Heritage Park on the easterly end of the park site which is
currently located under the existing Subject Topsoil Pile and shall include the
final grading of such area and the construction of the baseball/soccer fields and
the other appurtenances located on said portion of the park as depicted on the
Subject Plans for Heritage Park (hereinafter referred to as "Phase II of Heritage
Park"). Developer shall commence the construction of Phase I of Heritage Park
no later than within thirty (30) days of the entry into this Second Amendment
Agreement. Developer shall substantially complete the construction of Phase I of
Heritage Park on or before October 1, 2011, and Developer shall fully complete
the construction of Phase I of Heritage Park on or before November 1, 2011.
Developer shall commence the construction of Phase II of Heritage Park on or
before October 1, 2013. Developer shall substantially complete the construction
of Phase II Heritage Park on or before March 1, 2014, and Developer shall fully
complete the construction of Phase II of Heritage Park on or before April 1, 2014.
Developer shall be deemed to have commenced the construction of a phase of
Heritage Park upon the commencement of the installation of improvements for
such phase of the park on the Heritage Park site as depicted in the Subject Plans
for Heritage Park.
4. The parties hereto acknowledge that the Developer has completed the lowering of
the elevation, the reduction of the grades of slopes and the planting of stabilizing
vegetation on the existing Subject Topsoil Pile located on the easterly portion of
the Heritage Park site. Until such time the Developer provides for the removal of
the entire Subject Topsoil Pile from the Heritage Park site, the Developer at its
cost shall (a) install and maintain silt fencing around the entire Subject Topsoil
Pile; (b) maintain the Subject Topsoil Pile and surrounding area in a clean and
sanitary condition including keeping the surrounding area and streets free from
dirt and mud; (c) maintain the Subject Topsoil Pile in a safe condition including
from time to time regrading the Subject Topsoil Pile by further lowering the
-2-
elevation thereof as soil is removed and to prevent the creation of any unsafe
slopes, grades- or other conditions; (d) maintain stabilizing vegetation on the
Subject Topsoil Pile; (e) install and maintain a security fence six feet in height
separating the Subject Topsoil Pile from the Phase I of Heritage Park.
5. Developer shall provide at its cost for the removal of the entire Subject Topsoil
Pile from the Heritage Park site on or before October 1, 2013. The removal of the
Subject Topsoil Pile by Developer from the Heritage Park site shall include the
removal of all topsoil and the grading of the area in accordance with the Subject
Plans for Heritage Park. In the event the Developer fails to provide for the
removal of the entire Subject Topsoil Pile from the Heritage Park site as required
in this paragraph, the Developer agrees that in addition to other remedies
available to the City at law or in equity, that upon sixty (60) days written notice
from the City to the Developer of Developer's breach of the provisions of this
paragraph and Developer's failure to cure same, that the City is authorized and
permitted to enter onto the Heritage Park site through its employees, agents or
contractors to provide for the removal of the Subject Topsoil Pile from the
Heritage Park property. In the event the City provides for the removal of the
Subject Topsoil Pile from Heritage Park Developer shall reimburse the City the
cost thereof or the cost thereof shall be paid or reimbursed to the City from the
proceeds of the soil erosion control performance bond for Phase III provided for
under bond number 08778144.
6. In consideration of Developer's construction of Heritage Park as provided herein,
the City agrees to waive additional unpaid park impact fees for the Providence
Subdivision in the total amount of Sixty Thousand Two Hundred Twenty Dollars
($60,220.00). Such waiver shall be provided by the City to Developer on a per-
building permit basis for the remaining building permits to be issued for
residences within the Providence Subdivision.
7. The City and the Developer agree that the current routing of the bike paths
constructed in Phase I of the Providence Subdivision on the Subject Property is
acceptable and that no additional bike paths in Phase I along the Nicor right-of-
way shall be required.
8. Upon completion of the construction of Phase I of Heritage Park by Developer
and the inspection and approval of same by the City, Developer shall convey the
Phase I portion of Heritage Park to the City. Upon the completion of the
construction of the Phase II of Heritage Park and the inspection and approval of
same by the City, Developer shall convey the Phase II portion of Heritage Park to
the City. Each of such conveyances from the Developer to the City shall be by
recordable warranty deed, subject only to general real estate taxes for the year of
conveyance and subsequent years, public utility easements and covenants,
conditions and restrictions of record, if any, which do not interfere or prohibit the
City's intended use of such property as a public park.
-3-
9. The parties hereto intend that the terms and provisions of this Second Amendment
Agreement shall apply notwithstanding any provisions in the Subject Annexation
Agreement or the First Amendment to the contrary. In the event of any conflict
between the terms and provisions of this Second Amendment Agreement and the
terms and provisions of the Subject Annexation Agreement or the First
Amendment, the terms and provisions of this Second Amendment Agreement
shall supersede and control. It is the intent of the parties hereto that the terms and
provisions of this Second Amendment Agreement are intended to amend and
supersede and control over any contrary provisions of the Subject Annexation
Agreement or the First Amendment.
10. Except as specifically amended in this Second Amendment Agreement, the terms
and provisions of the Subject Annexation Agreement, as previously amended
pursuant to the First Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Second
Amendment Agreement as of the date and year first written above.
K. Hovnanian T&C Homes at Illinois, L.L.C. City of Elgin
d/b/a Town_ &Country Homes
By: Mayor
Its
Attest:
City Clerk
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,—�.-- 2__ _ fa �- FRIENDSHIP sTaEET T ;i Heritag e
Park
k
I i t I i I �.
4 HERITAGE PARK WAY -- -. - pverap Plan
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ZVI
Grading Notes Grading Legend:
Hhchcock
DeWAgnGratp
Town&Country
Homes
FRIEND-SHIP-STREET 0- If
-ALI Providence
Heritage
Park
F
VgM,IL
Y w i
U-1
>
<
I O>i - II _�I I � �.,,.
- - - - - - Grading Plan
t
8
.7
--HERITAGE-PARR WA-Y------ L2.1
Maueht motes: Layout Notes
.�.w .wr. «... ......_..w....... w ..... . ....
Hhchco�dc ^
_.-�. i—.... ...__ !, .-. •mow q:t rner..r�r.w.rrrrw.wr+n r.rrwwrrr v..v8..�
_._. _ w�.Witl ra,..1.Y w4M M1r w.w.Mwwrwrw..rrr.r...
..... _-_._. _:-- - .- w.r•Vrr rswfV.r.bw..r 0ir��..Y�•
•w,ei•r ���W.v,e
w.e..vr.r ratmr..r....vr co-, ur Homo
I -- ,....row...... ...r....v.�:n.,w..........�
__ ew:.r..n r..x..: w.•x.e wrwrr.u...w..o v....n..nb. re..w.....r...r.�....�r.w.w...wa..r mnwaotae
r
Town&Country
_ a.: ..,�.. .w,s.....:�.....�. wrww.ww....v.,w....r ......
Picnic table layout ri meas„v....
FRIENDSHIP STREET
Providence
Heritage
_ — Park
- - - - - � � i [ Ew.w,
r--4,
/' ��- Materials Plan
I i ,tea;;• i # �f I _
ur. I . ..orrwt I
trwr.a�,.r
r
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d
L3.1
' - - -- - --- - --- - - _. , -_ --. - -- - ITA6E-PAR4(--VdAY --- ---- - ._____ t -a'--+t--1
Planting List Planting Notes 1�1
Hhchcock
DeSWGFOUP
Town&Country
Homes
- — * FRIENDISHf{' ST-R-EET_ s .... .,
- Providence
,
Park
ElgK IL
Landscape Plan
_
- - - . - L4.1
t2tdioock
..,.. ««,.«..,.,.. 1GfOW
� � �«, «_ .,, .«ate.... a.......�•
tea..«..
P:�: III 4�� IIF
.....
Town 8 Country
Homes
.I I—F 4 Concrete Joints r o .o...r...._...
1 ' Providence
Heritage
Underdrain Park
Shelter Fooling
7 Elgi..a
5 sr.v �r m.wTw•�•e�
�q�,ia;CA:I,•�4' cw:.rr a-w / /—�,.....rc..,._...v �.s..a
Con 5 e Flalwork w/
F4��'� .�•uP w......_ Thl.ened Edge
ri
uurw_..w.. •.n .yFg
8 Ployground Curb ....,'
D Well 1" wX Ployground Surfocing
r.,..,,,. Details
�, III Il
xua_
r 6 Bike Rack Layout 9 Concrete Bond o
3 Concrete Flatwork
L5.1
I
i
Hhchcock
F7 cdow
���c••• n®um roe
r-w+^ � Town d Country
c-.xx�....,... :f .'tr .q;y,; x., �..r. Homes,
Pic round Ram ox.+mx 4 As haft Court Pavin ° .... 'xp1fG'
Providence
li
Heritage
Mnual Perennial and Park
Gtoundcova,Planl Elgin.IL
4 n+•S
'..-'•.�- wrxw W.x Msn
yr»x+»e tx M1r•
It a-t xM4M wuwMr
Z Tennis court fence sl footin max.. 5 Fence st footin -° a Shrub Planting
•..)I. r...x'rM. �.. Details
b I e.... owaewee.r x.w+ �-
c.seso
Lv+r...rc....r Note:
Irwtap 1 Vast at It dm �w..xrw.... a
y — hhL.and 2 pasts at 10' L x'• ,
nL,per Park Dept
awG�tR' _.^'•^.ar.c«x..+.
" diroafbn. wxrxiam»•
3 Net post footing .r.,° SaskettlalI post footing ..`. Shade Tree Plantin 1?.r r
s FK2