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13-178
Resolution No. 13-178 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (BLMS, LLC-14N250 Randall Road) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality: and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. ' That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2013 Adopted: October 23, 2013 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk I ANNEXATION AGREEMENT (14N250 Randall Road) THIS AGREEMENT made and entered into this 23 day of October, 2013, by and between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City'), and BLMS, LLC, an Illinois limited liability company, as successor in interest by purchase to C&L Farms, Inc., an Illinois corporation(hereinafter referred to as the "Owner"). WHEREAS, Owner is the successor in interest to C&L Farms, Inc., an Illinois corporation, and is now the owner of record of the real property commonly known as 14N250 Randall Road, and upon annexation to be commonly known as 1500 N. Randall Road, such property being legally described in Exhibit "A", which is attached hereto and made a part hereof (which real property, for convenience, is hereafter referred to as the "Subject Property') and which real estate is located in the County of Kane, Illinois, and is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS, Owner desire to annex the Subject Property to the City and to develop the Subject Property with a new Subaru auto dealership upon terms and conditions recited in this agreement; and WHEREAS, Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Subject Property to the City; and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1 et seq.); and WHEREAS, the Subject Property is located within the Rutland Dundee Fire Protection District, and whereas each of the Trustees of said District was notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property, and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and WHEREAS, the Mayor and City Council of the City (Corporate Authorities) have duly set a date, time and place for a public hearing on this Annexation Agreement, and have caused due notice to be made of said public hearing through publication in the Daily Courier News, a newspaper of general circulation in the community, and the City has held such public hearing; and WHEREAS, the Corporate Authorities of the City, after due and careful consideration, have concluded that the annexation of the Subject Property to the City on the terms and conditions hereinafter set forth is in the best interests of the City; and WHEREAS, pursuant to notice as required by statute and ordinance public hearings were held by the Planning and Zoning Commission, of the City on the requested zoning of the Subject Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. This Agreement is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5/11-15.1.1 et seq.), and in the exercise of the home rule power of the City. 2. The Corporate Authorities, within 30 days following: (a) the execution of this Agreement, (b) the receipt of a current title report verifying the owner of record of the Subject Property by the City Clerk, (c) the filing of Owner's Petition for Annexation in form and substance as required by law, (d) the receipt of a certified copy of the ordinance annexing the Subject Property to the Fox River Water Reclamation District ("FRWRD"), and (e) the receipt by the City of Owner's payment of the disconnection fee or deposit referred to in Section 33 hereof, shall pass an ordinance annexing the Subject Property to the City. The Annexation Plat for the subject ordinance, titled "Southwest Corner of Randall Road and Holmes Road, City of Elgin, Illinois, Map of Territory Annexed to the City of Elgin" and dated June 5, 2013, shall be in the form of Exhibit B attached hereto and made a part hereof. 3. A. Immediately after the passage of the ordinance annexing the Subject Property, as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt: an ordinance zoning the property in the PAB Planned Area Business District in the form attached hereto in Exhibit C. B. Except as otherwise provided for in this agreement no changes or amendments in the zoning ordinance of the City which shall directly or indirectly adversely affect the use or development of the Subject Property shall be of any effect unless applicable to all comparable areas of the City. C. The Subject Property, the Development contemplated. herein and the engineering for the Subject Property shall all be in substantial conformance with the Site Plan and with the Preliminary Engineering Plans prepared by Manhard Consulting, dated May 6, 2013, last revised August 19, 2013, attached hereto as Exhibit D (hereinafter referred to as the "Preliminary Engineering Plans"). The City and the Owner agree to make reasonable modifications to the Site Plan, Preliminary Engineering Plans and/or the landscaping plans to solve engineering, layout and/or design problems not reasonably foreseeable at the time of the execution of this Agreement, provided that such changes are in substantial conformance with the approved Site Plan and Preliminary Engineering Plans. The parties agree that changes to planned developments provided for in Elgin Municipal Code Section 19.60.200, as amended, may be approved by the City's Development Administrator without public hearings and without formal amendment to this agreement. -2- D. Owner shall be allowed to seek final approval for the subdivision of the Subject Property as depicted in the Site Plan and Preliminary Engineering Plans. The City shall approve a final plat of subdivision as submitted if such plat is consistent with (i) applicable ordinances, (ii) sound engineering practices (iii) the Site Plan and the Preliminary Engineering Plans, and(iv) the terms and conditions of this Agreement. E. Owner shall be responsible at its cost for the construction and installation of those off-site and on-site public improvements and utilities consisting of storm sewers, sanitary sewers, water mains, streets and appurtenant structures as are needed to adequately service the Subject Property in accordance with applicable City ordinances and requirements and as are depicted on the Preliminary Engineering Plans for the Subject Property. Notwithstanding anything to the contrary in this agreement, all utilities including, but not limited to, water, sanitary sewer, storm sewer, telephone, electric, gas and cable television lines, as are needed to service the Subject Property, whether offsite or onsite, shall be installed underground at Owner's cost. Additionally, and notwithstanding anything to the contrary in this agreement, all existing above ground utilities on the Subject Property or adjacent thereto, including but not limited to, electric, telephone and cable television lines, shall be relocated underground at Owner's cost. Owner shall furnish adequate security for all public improvements and other improvements as provided and required by the Elgin Municipal Code, 1976, as amended. Owner shall dedicate to the City, and, the City shall accept, all municipal utility easements, including water, sanitary sewer, and storm sewer easements to detention/retention facilities, if any, included in each phase of the project and shall also grant easements to applicable utility companies for gas, electric, telephone, and cable television; all of such easements and facilities shall be consistent with the City ordinances and practices regulating condition, placement, use and size of easements. 4. Owner represents that no off-site utility easements are required to service the Subject Property. 5. A. Owner shall comply with the Elgin Municipal Code Title 17--Development Impact Fees, as amended, and pay the fees when due as required therein. Owner shall also comply with City of Elgin Ordinance No. G3-02, as amended, and shall pay to the City the public safety building capital improvement contribution as required therein. Owner hereby represents and agrees that Owner is paying the fees and contributions to the City provided for in this paragraph and this Agreement as an inducement to the City to annex the Subject Property. Owner further agrees that the contemplated fees and cash contributions to the City for the improvements or undertakings which may ultimately be constructed or performed by the City with such fees and cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property and the public improvements or undertakings contemplated by such fees and cash contributions will not otherwise be anticipated by the City absent the annexation of the Subject Property. Owner on behalf of itself and its successors, assigns and the grantees of its properties, further hereby acknowledges the propriety, necessity, and legality of the fees and contributions provided for in this paragraph and in this Agreement, as same may be amended by the City, and does further hereby agree and does waive any and all rights to any and all legal or other challenges or -3- I defenses to the fees and contributions provided for in this paragraph and in this Agreement and hereby agrees and covenants on behalf of itself and its successors, assigns and grantees of its properties not to sue the City or maintain any legal action or other defense against the City with respect to such fees and contributions. B. The calculation of the City's impact fees and contributions under current City ordinances and policies is attached hereto as Exhibit E. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that the Subject Property and the Owner and its successors and assigns shall be subject to and shall be required to pay any and all new and/or increased fees and/or other contributions adopted by the City. Owner on behalf of itself and its successors, assigns and the grantees of its properties, hereby acknowledges the propriety, necessity and the legality of any such new and/or increased fees or other contributions and does further hereby agree and does waive any and all rights to any and all legal or other challenges or defenses to any such new and/or increased fees and/or contributions and hereby agrees and covenants on behalf of itself and its successors, assigns and grantees of its properties not to sue the City or maintain any legal action or other defense against the City with respect to any such new and/or increased fees and/or contributions. Notwithstanding anything to the contrary in this Agreement, it is further agreed and understood that in no event and under no circumstances shall the Owner and/or its successors and assigns pay fees and/or other contributions less than the amounts in effect as of the entry into this Agreement. Nothing herein prevents the Owner from prepaying any impact fees in order to avoid subsequent impact fee increases. 6. Owner agrees that, except as otherwise specifically set forth below in this Agreement or in the Site Plan or the Preliminary Engineering Plans, the Subject Property shall be developed in conformance with any applicable open space policies included in the City of Elgin Comprehensive Plan, dated 2005, as amended, and is incorporated herein by reference. 7. Owner shall cause all portions of Subject Property depicted on the Site Plan or Preliminary Engineering Plans as wetlands, screening berms and entry ponds, common open space area, storm water retention areas, and dry detention areas either to be retained by Owner or to be conveyed to a Property Owners Association or associations consisting of the owners of all property located in areas designated by Owner; unless said areas are to be dedicated for public ownership and maintenance at the City's request. A Declaration or Declarations of Covenants, Conditions and Restrictions requiring that the Association or associations own and maintain areas conveyed thereto shall be submitted to the City's Corporation Counsel for review and approval prior to final plat approval, said Declaration to be filed for recording, at Owner's expense, with the final plat of the applicable phase of Subject Property as Owner may determine. 8. Except as specifically permitted pursuant to variation or planned development approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of the Subject Property and construction and installation of improvements thereon, both on-site and off-site, shall comply fully with all applicable City ordinances and codes. 9. If during the term of this Agreement and after final plat or planned development approval, any existing, amended, modified or new ordinances, codes or regulations of general -4- applicability throughout the community to a land developer or subdivider affecting the installation of land improvements (streets, underground utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any manner to impose additional requirements on the installation of land improvements within the City, the burden of such additional requirements shall not apply to the Subject Property. This paragraph shall not apply to any changes and/or increases in fees and/or contributions imposed by the City. 10. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances or other regulatory ordinances regarding the public health, safety and welfare are amended or modified in any manner to impose less restrictive requirements on the development of, or construction upon, properties within the City, then the benefit of such less restrictive requirements shall inure to the benefit of Owner, and anything to the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the development of, or construction upon, the Subject Property upon the less restrictive amendment or modification applicable generally to all properties within City. 11. City hereby agrees to allow Owner to tie into the existing sanitary sewer lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City, and with payment of all applicable fees. At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such sanitary sewer systems and tie-ins. Owner shall bear all costs for extensions, tie-ins, and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of sewer lines to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install sewer line extension improvements on the Subject Property in compliance with the Final Engineering Plan approved by the City Engineer for each phase of the development. Notwithstanding anything to the contrary in this Agreement, the design, plan review, construction, construction inspection and construction administration for any interceptor sanitary sewer(s) to be constructed in conjunction with the development of the Subject Property, whether offsite or onsite, shall also be in compliance with the Far West Interceptor Sewers Policy for inspections and construction, dated April 30, 2003. 12. City hereby agrees to allow Owner to tie into the existing water lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City, and with the payment of applicable fees. At Owner's expense; City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such water main extensions and tie-ins. Owner shall bear all costs for extensions, tie-ins and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of water mains to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install water line extension improvements on the Subject Property in compliance with the Final Engineering Plans approved by the City Engineer for each phase of the development. -5- I 13. Upon review and recommendation by the City Engineer, the City Council shall accept all public rights-of-way and improvements located thereon, sanitary sewers, storm drainage sewers and water mains lying within public rights-of-way or public easements on the Subject Property. Any improvements located in private rights-of-way shall be installed in easements dedicated for and acceptable to the City. The sewer and water service lines (from the buffalo box to the residential or commercial unit, as the case may be) shall not be owned or maintained by the City. Owner shall replace or repair damage to public improvements installed within, under or upon the Subject Property resulting from construction activities by Owner and its employees, agents, contractors and subcontractors prior to final acceptance by the City, but shall not be deemed hereby to have released any such other part from liability or obligations in this regard. Acceptance of public improvements by the City shall be consistent with applicable City ordinances. 14. Owner shall comply with City of Elgin Ordinance No. G20-03, as amended, establishing a policy for the Far West Area for Development Contributions for Roadways and shall pay such contributions to the City when due as required therein. Owner hereby represents and agrees that it is contributing such roadway improvement contributions to the City as an inducement to the City to annex the Subject Property. Owner further agrees that the contemplated cash contributions to the City for roadways and the road improvements which may ultimately be constructed by the City with such cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property and the public improvements contemplated by such cash contributions would not otherwise be anticipated by the City absent the annexation of the Subject Property. Owner on behalf of itself and its successors, assigns and the grantees of its properties, further hereby acknowledges the propriety, necessity, and legality of the roadway improvement contributions as provided for herein, as same may be amended by the City, and does hereby further agrees and does waive any and all rights to any and all legal or other challenges or defenses to such roadway contribution and hereby agrees and covenants on behalf of itself and its successors, assigns and the grantees of its properties, not to sue the City or maintain any legal action or defense against the City with respect to such roadway contributions. Said roadway contributions shall be paid on a per unit basis (per building) concurrent with the issuance of a building permit. 15. All structures to be constructed on the Subject Property shall be designed, constructed and maintained in conformance with the requirements of the planned development ordinance(s) enumerated in paragraph 3 hereof. The Declaration of Covenants, Conditions and Restrictions referred to in Paragraph 7 hereof shall include and incorporate the design and construction requirements of the planned development ordinances. The Declaration or Declarations of Covenants, Conditions and Restrictions shall also include provisions that any proposed amendments to the provisions relating to the design, construction and/or maintenance of structures on the Subject Property shall require the advanced approval of the City of Elgin and that the provisions relating to the design, construction and/or maintenance of structures on the Subject Property shall also be enforceable by the City of Elgin. 16. This Agreement shall be enforceable in any court of competent jurisdiction by any -6- of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. Notwithstanding the foregoing, or anything else to the contrary in this agreement, no action shall be commenced by the Owner, or any of its successors, assigns, and/or the grantees of its properties, against the City, its officials, officers, employees, agents, attorneys or any other related entity or person, for monetary damages. 17. This Annexation Agreement shall be in effect for a period of twenty (20) years from the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property. 18. Owner shall be responsible for costs associated with filing and recording of the plat of annexation and any plat or plats of subdivision or planned development for the Subject Property. 19. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the City does not have the power to perform any such provisions, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or decree shall relieve the City from performance under such invalid provision of this Agreement. 20. This Agreement can be amended, in writing, at any time, by the mutual consent of all parties to this Agreement, in the manner provided by law. 21. After the annexation of the Subject Property to the City, it is agreed that the City shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS 200/27-5, et seq., as amended, to provide the City with the source of revenue for maintaining, repairing, reconstructing or replacing the stormwater drainage system, detention and retention areas, special management areas or other improvements located on the Common Area of the Subject Property should the Owner or the property owners association owning the land on which such facilities or improvement are located fail to perform maintenance, repair, reconstruction or replacement in accordance with City ordinances or other applicable requirements of law. The Owner and any of the Owner's successors in interest agree to and do hereby waive any and all protests, objections and/or rights to petition for disconnection regarding such Special Service Area for the Subject Property. The Special Service Area is for the exclusive purpose of creating a revenue source to the City for the referenced maintenance, repairs, reconstruction or replacement and are not intended and shall not be construed to create an obligation of the City to provide for such maintenance, repairs, reconstruction or replacement. 22. Intentionally Omitted. 23. Whenever consent or approval of the City is required in order for Owner to accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld, conditioned, or unduly delayed. If such consent or approval is denied, such denial shall be in writing and shall specify the reason or reasons for such denial. -7- 24. Except as may be required pursuant to the Kane County stormwater management ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of the Subject Property without setting forth the alleged violations in writing, and Owner shall forthwith proceed to correct such violations as may exist. 25. The City agrees to issue, within a reasonable time after initial submission, review, and approval of building construction plans, and the payment of required building permit fees and all other applicable fees, all necessary building and other permits for the construction of any and all improvements on the Subject Property or issue a letter of denial within said period of time informing Owner and the applicant as to wherein the application does not conform to the stated section of the Code. The issuance of a building permit, in and of itself, shall not be construed as a guarantee that a Certificate of Occupancy shall be issued, it being the intention of the parties that the issuance of a Certificate of Occupancy shall be subject to the provisions of Paragraph 26 hereof 26. The City agrees to issue Certificates of Occupancy within a reasonable time after application or to issue a letter of denial within said period of time informing Owner and the individual or entity to whom the building permit was issued specifically as to those corrections necessary as a condition to the issuance of a Certificate of Occupancy and quoting the section of the Code relied upon by the City in its request for correction. The City agrees that Certificates of Occupancy (temporary or permanent, as the case may be) shall be issued upon (a) proper application of the appropriate party, (b) compliance with all applicable building codes, zoning ordinance requirements and other applicable requirements of law, and (c) receipt and approval by the City of a performance bond (or a suitable alternative such as an irrevocable letter of credit or a cash deposit) covering one hundred twenty-five (125%) percent of the cost of any incomplete site work. The City shall allow one master bond at a mutually agreed upon amount to cover any incomplete work for multiple numbers of dwelling units, which amount shall be increased in the event the City determines that the amount of the bond is insufficient. 27. A. It is understood that prior to the construction of any streets or any other public improvements, Owner shall submit the required plans, final plat, specifications and engineer's estimate of probable cost, for approval by the City Engineer, as provided herein, after which and upon providing the required surety bond, the Owner may proceed to construct said streets and other public improvements. Upon installation of the asphalt base course and upon completion of other portions of the improvements, the security shall be reduced to an amount which, in the opinion of the City Engineer, is sufficient to ensure completion of the work yet to be performed. B. The acceptance of public improvements by the City shall (i) be accomplished within a reasonable time after notice of completion by Owner and full compliance with applicable codes and ordinances, (ii) follow the posting by Owner of a guarantee bond acceptable to the City in accordance with applicable ordinances, and (iii) be made only by the passage of a resolution by the City Council of the City after filing with the City Clerk of a certificate by the City Engineer certifying that all such improvements have been completed and -8- the construction or installation thereof has been approved by him. If appropriate under the circumstances, such acceptance shall be in phases, as such phases are complete. C. From and after the acceptance of any public improvements by the City, such public improvements shall be maintained, reconstructed, repaired, and replaced by the City and all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such public improvements shall be the sole responsibility of the City. Warranty period bonding or a suitable alternative (such as an irrevocable letter of credit or a cash deposit) shall be provided in accordance with ordinances of the City. D. It shall be a condition to the City's obligation to accept dedication of any public improvement that the dedication of such improvement be accompanied by the grant of appropriate easements to permit the City to carry out its responsibilities with respect to such improvements. 28. The parties hereto agree that there has been taken all action required by law, including the holding of such hearings as may be required, to bring about the amendments to the Zoning Ordinance of the City and other related ordinance amendments as may be necessary or proper in order to zone and classify the Subject Property so as to enable the same to be used and developed as contemplated herein and to enable the parties to execute this Agreement and fully carry out the covenants, agreements, duties, and obligations created and imposed by the terms and conditions hereof. 29. A. Notwithstanding anything to the contrary in this Agreement, and in addition to any other fees, contributions and other recaptures and/or reimbursements due or which may become due from the Owner, Owner hereby consents and agrees on behalf of itself, and its successors, assigns and grantees of the Subject Property to pay the recapture and/or reimbursement for the costs of a portion of any off-site public improvements constructed by the City and/or others, including, but not limited to, storm sewers, sanitary sewers, lift stations, water mains, and/or streets, and appurtenant structures, pursuant to any recapture and/or reimbursement ordinance(s) heretofore or hereinafter adopted by the City and in such amounts as determined by the City. B. Owner, on behalf of itself and its successors, assigns and the grantees of its properties, hereby acknowledges the propriety, necessity and the legality of the recaptures and/or reimbursements referred to in this paragraph in this Agreement, heretofore or as may be hereinafter by the City adopted by the City, and does hereby further agree and does waive any and all rights to any and all legal or other challenges or defenses to such recaptures and/or reimbursements and covenant on behalf of itself and its successors, assigns and the grantees of its properties, not to sue the City and/or any other person or entity or maintain any legal action or defense against the City and/or any other person or entity with respect to any such recaptures and/or reimbursements. 30. A. Prior to the commencement of the construction and final plat approval for each unit, the Owner shall submit to the City Zoning Administrator a plan showing the location -9- of all proposed temporary construction trailers/offices, including parking areas, fencing, signage and landscape treatment. Said plan shall indicate the one general location of where all construction and material storage trailers shall be located. The Owner shall be permitted 1 construction trailers and 2 material storage trailers. The Owner shall have the right to use the construction and material storage trailers for the purpose of its construction and sales activities until construction is completed on the Subject Property. The Owner shall keep such area free of debris and rubbish and keep the area free of weeds and in a mowed condition, and the City may inspect such area from time to time to determine that Owner is in compliance with its obligations hereunder. B. Construction of temporary facilities shall be in compliance with the provisions of the City's building code, except that serer and water need not be connected to the temporary facilities. The Owner agrees to hold the City harmless for any liability associated with the installation and operation of any temporary facilities. 31. Intentionally Omitted. 32. Intentionally Omitted. 33. The Owner shall pay(or reimburse the City for payment of) the disconnection fee, if any, payable to the Rutland Dundee Fire Protection District under the provisions of 70 ILCS 705/20 (e). At the time of annexation, the Owner shall deposit with the City the amount of such disconnection fee; provided, however, that if such disconnection fee cannot be determined with precision, then the Owner shall deposit with the City the estimated amount of such disconnection fee (based on the last ascertainable tax bill), and upon the issuance of the final tax bill upon which such calculation and loss, according to statute, be based, the City and the Owner shall equitably readjust the amount of such payment. 34. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and Owner and, as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in terms or provisions, if any, contained herein. 35. Notwithstanding anything to the contrary contained in Paragraph 16 of the Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the event of a breach or default hereunder. (a) enforce or compel the performance of this Agreement, at law or in equity by suit, action, mandamus, or any other proceeding, including specific performance; (b) maintain an action to recover any sums which the other party has agreed to pay pursuant to this Agreement and which have become due and remain unpaid for more than 15 days following written notice of such -10- delinquency. It is expressly acknowledged and agreed that except as provided in subparagraph (b) above, neither party shall have the right to seek or recover a judgment for monetary damage against the other or their respective officers, directors, employees, agents or elected public officials. 36. This Agreement is adopted pursuant to the provisions of the Illinois Municipal Code; provided, however, that any limitations in the Illinois Municipal Code in conflict with the provisions of this Agreement shall not be applicable, and as to all such provisions the City hereby exercises its powers pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois. Simultaneously with the annexation of the Subject Property and without further public hearings, the City agrees, to the extent it may lawfully do so, to adopt such ordinances as may be necessary to effectuate the use of its home rule powers. The City recognizes and agrees that the entry into this Agreement, the annexation of the Subject Property to the City, and the zoning of the Subject Property as set forth in Paragraph 3 hereof, are upon the express reliance by Owner that the terms and provisions of this Agreement shall be valid for the term set forth in Paragraph 17 hereof and that the City shall take no action which shall in any way be contrary to, or inconsistent with, the terms and provisions of this Agreement. 37. The provisions contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the City. This Agreement shall be construed under the laws of the State of Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 38. Intentionally Omitted. 39. Notices or other writings which any party is required or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, prepaid, addressed as follows: If to the City or to the Corporate Authorities: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel -11- If to Owner: Stephen McDaniels BLMS, LLC 680 West Terra Cotta Avenue Crystal Lake, IL 60014 With a copy to: Scott G. Richmond, Esq. Ariano Hardy Ritt, et al 2000 McDonald Road, Suite 200 South Elgin, IL 60177 40. Intentionally Omitted. 41. It is agreed that time is of the essence of this Agreement and each and every term and condition hereof and that the parties shall make every reasonable effort to expedite the matters included herein. 42. The City and Owner agree to take all steps necessary or appropriate to carry out the terms of this Agreement and to aid and assist the other party, including enactment of such resolutions and ordinances and the taking of such other actions as may be necessary or desirable to enable the parties to comply with and give effect to the terms of this Agreement. 43. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto, the successors in title of the Owner, and its respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. 44. This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instruments. 45. This Agreement constitutes a covenant running with the land composing the Subject Property, binding upon the parties hereto, the successors in title of the Owner and all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City may record a memorandum of annexation agreement placing of record the terms, provisions and obligations of this Agreement. 46. The Owner and any of the Owner's successors in interest shall not file, cause to be filed, or take any action that would result in the disconnection or deannexation of the Subject Property from the City of Elgin during the term of this Agreement. Without limiting the foregoing, the Owner on behalf of itself and any of its grantees and successors in interest hereby waives any and all rights, statutory or otherwise, to disconnect the Subject Property from the City of Elgin. -12- 47. It is agreed that in the event the Owner and/or or any of the Owner's grantees and successors in interest, propose to amend the PAB zoning ordinance referred to in Paragraph 3 of this Agreement, above, then any such proposed rezoning or amendment to such zoning ordinances shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City, in the City's sole discretion. However, with respect to the requirement of the Owner's signature only the written approval of the legal titleholder of the interest in the property affected by the amendment shall be required to effect the initiation of a proposed amendment to this Agreement. 48. It is agreed and understood that the City may adopt an ordinance prohibiting parking on any public streets to be constructed on the Subject Property each day from 2:00 a.m. to 6:00 p.m. In the event the City so elects to adopt such an ordinance so restricting parking on public streets on the Subject Property, the Owner at its costs shall provide for and install signage regarding such parking prohibition throughout the Subject Property as directed by the City Engineer. 49. Notwithstanding anything to the contrary in this Agreement, and in addition to other requirements imposed by the City, in the event the Subject Property is adjacent to or abuts any Kane County highway, Owner agrees as follows: A. In the event the development of the Subject Property provides for any new means of access from the Subject Property to any abutting Kane County highway or proposes to enlarge or extend any existing means of access from the Subject Property to an abutting Kane County highway, that such access shall be in accordance with Kane County access and permit regulations which may include access design standards and criteria such as right of way requirements, easement requirements, site (internal) traffic circulation, turn lanes, traffic control and stormwater detention. B. Improvements to the adjacent Kane County highway (including, but not limited to, channelization, signalization, signal interconnects and lighting improvements) required/warranted by the development of the Subject Property shall be at the sole cost of the Owner. Permit and design requirements for the improvements to the adjacent Kane County highway shall be determined by and subject to the review and approval of the Kane County Engineer in accordance with Kane County Division of Transportation Permit Regulations and Access Control Regulations. C. Owner shall dedicate and convey, at no cost to the City or Kane County, additional right of way for the Kane County Highway right of way adjacent to the Subject Property as listed within the Access Permit Section and Roadway Functional Classifications in the Kane County Division of Transportation Permit Regulations. D. Notwithstanding anything to the contrary in this paragraph 49 or in this Agreement, nothing is intended nor shall be construed to authorize Kane County to exercise any zoning, subdivision or other land use authority conferred by law upon the City and nothing in -13- this paragraph 49 is intended or shall be construed to mandate any action by the Owner which is not permitted by law. 50. To the fullest extent permitted by law, Owner agrees to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys, agents, boards and commissions from and against any and all third party claims, suits, judgments, costs, attorney's fees, expert witness fees and expenses, damages or other relief, in any way resulting from or arising out of or alleged to be resulting from or arising out of the existence of this Agreement, the provisions of this Agreement, the performance of this Agreement, the annexation of the Subject Property, the zoning of the Subject Property, the development approvals provided for in this Agreement and/or any other actions of the parties hereto provided for or arising from this Agreement. In the event of any action against the City, its officials, officers, employees, agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by the Owner. Additionally, in the event of such third party action the Owner agrees to the extent permitted by law upon the written request from the City to attempt to intervene in such proceedings and at Owner's expense to join the City in the defense thereof. 51. Owner on behalf of itself and its respective successors, assigns and grantees of its properties, hereby acknowledges the propriety, necessity and legality of all of the terms and provisions of this Agreement, including but not limited to, the zoning ordinances referred to in this Agreement and the various fees, contributions, recaptures, reimbursements, dedications and/or improvements provided for in this Agreement, and does further hereby agree and does waive any and all rights to any and all legal or other challenges or defenses to any of the terms and provisions of this Agreement and hereby agrees and covenants on behalf of itself and its successors, assigns and grantees of its properties not to sue the City or maintain any legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement. {SIGNATURE PAGE FOLLOWS} -14- IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. CITY OF ELGIN, a municipal BLMS, LLC, an Illinois limited corporation liability company, (Ow By By ner) Mayor Attest: Attest: City Clerk F:U.egal DeptWgreementWnnexation-Brilliance Subaru-14N250 Randall-clea;10-3-13.docx -15- EXHIBITS Exhibit A: Legal Description of Subject Property Exhibit B: Annexation Plat Exhibit C: PAB Zoning Ordinance Exhibit D: Site Plan and Preliminary Engineering Plans Exhibit E: Impact Fees -16- EXHIBIT A LEGAL DESCRIPTION That part of the Southeast Quarter of Section 31, Township 42 North, Range 8, East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the said Southeast Quarter of Section 31; thence South 01 degrees 41 minutes 39 seconds West, along the East line of the Southeast Quarter of said Section 31, a distance of 1,337.70 feet to the Easterly extension of the Southerly line of Holmes Road, as dedicated per document no. 97K033351, thence South 88 degrees 53 minutes 04 seconds West, along said Easterly extension, a distance of 60.07 feet to the Westerly right of way line of Randall Road, said line being 60 feet Westerly measured perpendicular to, and parallel with said east line of the Southeast Quarter of Section 31 for the point of beginning; thence continuing South 88 degrees 53 minutes 04 seconds West, along said Southerly line of Holmes Road, a distance of 516.44 feet to the Easterly right of way line of Capital Street, as dedicated per document no. 95K03470, thence South 02 degrees 03 minutes 59 seconds West, along said Easterly right of way line and Southerly extension of Capital Street, a distance of 445.36 feet to a line that bears South 88 degrees 51 minutes 39 seconds West from a point on the East line of said Southeast Quarter that is 1,782.69 feet as measured along said East line, Southerly of the aforesaid Northeast corner of the Southeast Quarter; thence North 88 degrees 51 minutes 39 seconds East, along said line, a distance of 519.35 feet to aforesaid Westerly right of way line of Randall Road; thence North 01 degrees 41 minutes 39 seconds East along said Westerly right of way line, a distance of 445.00 feet to the point of beginning. Being situated in Dundee Township, Kane County, Illinois. MAP OF TERRITORY ANNEXED TO THE CITY OF ELGIN, KANE COUNTY, ILLINOIS i E LEGAL DESCRIPTION N/N' 03-31-400-036 03-31-400-036 N I ©g GRAPHIC SCALE rN A .».ao o,...�rw r'�o�"'o w..w.r A n...o.r 31,32• _ - Y AREA a RR) AREA OF TERRITORY ANNEXED-5.56 ACRES a'I AREA IN RANDALL ROAD-0.27 ACRES T ; P' BASIS OF BEARINGS an,<.d�Arr.a,roK. ,.a n,=..ewnK._.. .n,w��„� HOLMES ROAD H` 1'�H "r°•gym a.ocuun,"u.er.:r.wiia'w•oTME Gtt OF ELGN POB`\' 7-o.•4wYt �O' XISnNC CORPORATE LIMITS OF -, .._ /\I Y _ 'N'"T4 5• .41. N- F :_gal QQ 4J pq H Ld S W I, .� G s - OO pp U cc 3 O „~9 8e v• n °w`o m o Mo.r.,r.�M.. .n,o..(o o<rm >a>. _ cc cc cc 6i_ •5� G.r.O.rya i Ala ICafn.,o w 1MwiV0 ON r.. -- y w.wo onrs,.W �, t ..., ..e.e ,.... -. ]_.._. .„.W-5 27.S 04042 .•... • - 1 a m.s vw.ar rn oa „vu.as A a enrnnr e a w o,w..a,uw.nn a HmA.•.c �•• .,_ o:..d.'oA r.a, sr� XISTING CORPORATE LMITS OF THE GTY OF ELGIN nor ern I..r.qr e)svo+. _ - I 7 OWN£.R S LAC W COT ....ersvo"u orsw.r.v, ; or 660 TERRA COTTA AVF.M/E .rvr .uma u.mvan rv.es w.A.Au 3 CRYSTAL LAKE. IL 60010 1 e ( cnn rxxm Exhibit B EXHIBIT C Ordinance No. Gxx-13 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (1500 N. Randall Road) WHEREAS, the territory herein described commonly known as 1500 North Randall Road, has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PAB Planned Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the Findings and Recommendation of the Planning & Zoning Commission. NOW, THEREFORE, be it ordained by the City Council of the City of Elgin, Illinois: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 3, 2013, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PAB Planned Area Business District the following described property: That part of the Southeast Quarter of Section 31, Township 42 North, Range 8, East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the said Southeast Quarter of Section 31; thence South 01 degrees 41 minutes 39 seconds West, along the East line of the Southeast Quarter of said Section 31, a distance of 1,337.70 feet to the Easterly extension of the Southerly line of Holmes Road, as dedicated per document no. 97K033351, thence South 88 degrees 53 minutes 04 seconds West, along said Easterly extension, a distance of 60.07 feet to the Westerly right of way line of Randall Road, said line being 60 feet Westerly measured perpendicular to, and parallel with said east line of the Southeast Quarter of Section 31 for the point of beginning; thence continuing South 88 degrees 53 minutes 04 seconds West, along said Southerly line of Holmes Road, a distance of 516.44 feet to the Easterly right of way line of Capital Street, as dedicated per document no. 95K03470, thence South 02 degrees 03 minutes 59 seconds West, along said Easterly right of way line and Southerly extension of Capital Street, a distance of 445.36 feet to a line that bears South 88 degrees 51 minutes 39 seconds West from a point on the East line of said Southeast Quarter that is 1,782.69 feet as measured along said East line, Southerly of the aforesaid Northeast corner of the Southeast Quarter; thence North 88 degrees 51 minutes 39 seconds East, along said line, a distance of 519.35 feet to aforesaid Westerly right of way line of Randall Road; thence North 01 degrees 41 minutes 39 seconds East along said Westerly right of way line, a distance of 445.00 feet to the point of beginning. Being situated in Dundee Township, Kane County, Illinois (commonly known as 1500 N. Randall Road). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from F Farming District in Kane County to PAB Planned Area Business District at 1500 North Randall Road which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB planned area business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as may be amended from time to time. D. Zoning Districts - Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres, unless such land is located between any nonresidential zoning district, and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land - 2 - Use, of the Elgin Municipal Code, as amended. The following land uses shall be the only permitted uses allowed within this PAB zoning district. "Sale of new automobiles (defined to include passenger vehicles, sport utility vehicles, vans and pickups) and accessory uses customarily accessory to such new automobile retail sales, including without limitation: the sale of used automobiles; the sale of automobile parts and tires; the performance of automobile service, repairs and maintenance; the operation of a car wash f6r dealership and customer vehicles; in-house financial services pertaining to automobile sales." G. Site Design. In this PAB Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance with the application packet containing the following attached documentation: a. Petition for Annexation prepared and signed by BLMS, LLC and C&L Farms, Inc., dated July 3, 2013. b. Annexation and Planned Development Statements of Purpose and Conformance and attachments, prepared by Scott G. Richmond, Esq., of Ariano, Hardy, Ritt, Nyuli, Richmond, Lytle and Goettel, P.C. on behalf of the applicant, BMLS, LLC, dated July 3, 2013. 2. Substantial conformance with the Development Plan containing the following documents, and subject to required revisions, comments and recommendations of the Community Development, Engineering, Water and Fire Departments: a. Preliminary Site Plan prepared by Manhard Consulting, Ltd., dated May 6, 2013 and last revised on August 19, 2013. b. Preliminary Engineering Plan prepared by Manhard Consulting, Ltd., dated May 6, 2013 and last revised on August 19, 2013. C. Plat of Annexation entitled "Map of Territory Annexed to the City of Elgin, Kane County, Illinois," prepared by Manhard Consulting, Ltd., dated June 5, 2013. d. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 20, 2013. e. Site Landscape Plans consisting of the following plans prepared by McCallum Associates, Inc., and Camburas & Theodore, Ltd., dated May 10, 2013 and last revised on August 19, 2013: i. Sheet L-1.0—Landscape Plan ii. Sheet L-2.0—Tree Inventory Plan f. Site Photometric Plan, Sheet E0.1, prepared by Camburas & Theodore, Ltd., dated November 16, 2012. g. Building plans and elevations consisting of the following plans prepared by Camburas & Theodore, Ltd., dated June 11, 2013. - 3 - i i. Sheet A-1 —Exterior Elevations ii. Sheet A-2—Floor Plan iii. Color Rendered Elevations and Building View Sheets iv. Sheet A-1 —Exterior Elevations depicting Wall Signage V. Sheet S-1 — Signage depicting Free-Standing Signage and additionally revised on August 29, 2013. h. Traffic Impact Study prepared by Gewalt Hamilton Associates, Inc., dated June 6, 2013. In the event of any conflict between the foregoing documents and this ordinance or any other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 3. An above-ground gasoline storage tank not exceeding one storage tank up to 2,500 gallons for the fueling of dealership and customer automobiles may be installed at the rear of the property, installed on a solid and level concrete pad, properly screened with a masonry wall enclosure, and located, installed, listed and labeled, maintained and utilized pursuant to the regulations within Title 16 of the Elgin Municipal code and other applicable laws. 4. A protection and maintenance plan for the 48 inch DBH Oak Tree shall be submitted to the city for review and approval of staff prior to adoption of a resolution annexing the property to the City of Elgin. 5. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PAB Planned Area Business District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended, except as provided within this section. I. Off Street Loading. In this PAB Planned Area Business District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50, Signs, as may be amended from time to time. K. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. - 4 - S 2 L. Conditional Uses. In this PAB Planned Area Business District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. M. Variations. In this PAB Planned Area Business District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, as may be amended from time to time. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor Presented: October 23, 2013 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk t< FALeeal Dept\Ordinances\Zoning Ordinances\ZoneProp-PAB-Brilliance Subaru-1500 N Randall-M29-13-SS-clean 10-17-13.docx - 5 - i CAPITAL srREtr 1 °�� (._ °• 4, ® li Ili II it ILULE. - - Z II ilil 1q T o i rli it r t?.`'t- ;f Re n �'y`iR I •i. i zr.` �i," Mr. F"; •R; g g: f i ni 1 V I ..i- I I ! I I I �ft- I ' I I I I I- ► I I � � ' III tw l II �yI � �--;�i- ' :.I II I Ill I !i i I - I� A I III\ .—__—__— _—__ N0070.15-E 145.00' mC•9pi~ 'I I \\\` ^I R I $ °gNg -==�_s__ R ALL ROAD _ _— 1\11 d1 J r!':RE q g y OR-€ €� .= HE o^ aq"'s Q Fal RUM 1-Tp� B,a§s R;� Rs �� ;�°o F�• � € �e a �, ^ � 5 � �z Qs� 42 ;t CAA z °oA °og 4 E a $°44a�£' pp g°° $" NNabIR! 8y SUBAAU-14N 250 LROAD Manhar ELGIN,ILLINOIS LINOIS C.OM.QULTI G �l PRELIMINARY SITE PLAN del osrn�.�..-er.n.n..aror-I.+.r�.�.r-tte� Exhibit D N 4" GRAPHIC SCALE Y 1. STANDARD SYMBOLS l4p EXISTING PROPOSED III./-NA.. A-- -i..hl...l... yl ................... ........... ... .... ...... 0 H —T A co• UM) -------- ....... 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PERMEABLE PAVER DETAL 2 - 2 CROSS BECTON A A jcn — EXHIBIT E CITY OF ELGIN DEVELOPMENT IMPACT FEES PAYMENT FORM Project Name or Address: 1500 N Randall-Subaru -09-13-13 sbs Year: 2013 School District(46, 301, or 300): 46 Location: NW Sewer Recapture Area: tyler creek Charge per service Total Charge: Number of 1"or Smaller Water Services: 0 $1,300 $0 Number of 1.25"Water Services: 0 $2,030 $0 Number of 1.5"Water Services: 0 $2,910 $0 Number of 2"Water Services: 1 $5,160 $5,160 Number of 4"Water Services: 0 $20,680 $0 Number of Water Services Larger than 4": 1 $1,300 $1,300 Total: 2 $6,460 FEE CATEGORY REVENUE CODE ALLOCATION 4A Community Park Capital Fee 340-0000-605.28-51 $0.00 CP Community Park Land Fee 340-0000-605.14-51 $0.00 Library: 010-0000-231.12-00 $0.00 Public Safe (NW): 010-0000-605.63-11 $903.90 Roadway Contribution: Road Project Fee $0.00 School Capital(U46): 010-0000-237.11-01 School Land(U46): 010-0000-237.10-01 $0.00 Sewer Recapture Bowes Creek Oversize): 440-0000-605.15-07 $0.00 Sewer Recapture Bowes Road I.S. : 440-0000-605.15-02 $0.00 Sewer Recapture BRIS Trunk 20): 440-0000-605.15-06 $0.00 Sewer Recapture North Randall I.S. : 440-0000-605.15-03 $0.00 Sewer Recapture Northwest I.S. : 440-0000-605.15-05 $3,574.20 Sewer Recapture(Tyler Creek/Big Timber : 440-0000-605.15-01 $9,390.60 Water System Capital Connection Fee 420-0000-605.29-00 $6,460.00 TOTAL: $20,328.70