18-28 Resolution No. 18-28
RESOLUTION
AUTHORIZING EXECUTION OF AN OWNER IMPACT FEE AGREEMENT
WITH WATERMARK APARTMENTS LLC FOR THE WATERMARK AT THE
GROVE DEVELOPMENT
(Vantage Drive within the Grove at Randall)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Owner Impact Fee Agreement on behalf of the City of Elgin with
Watermark Apartments LLC for the Watermark at the Grove Development, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 28, 2018
Adopted: February 28, 2018
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
OWNER IMPACT FEE AGREEMENT
THIS OWNER IMPACT FEE AGREEMENT ("Agreement") is dated as of
February 28 , 2018 (the "Effective Date"), and is by and between the CITY OF ELGIN,
an Illinois municipal corporation ("City"), and WATERMARK APARTMENTS LLC, an
Illinois limited liability company("Owner").
RECITALS
WHEREAS, Owner is the owner of certain real property located on Vantage Drive within
the Grove at Randall in Elgin, Illinois, which real property is legally described in Exhibit A
attached hereto (the"Property").
WHEREAS, Owner proposes to develop the Property as a 282 unit apartment complex
and to perform certain public improvements to the Property in connection therewith(collectively,
the "Project"). The development of the Property and completion of the Project as proposed by
Owner is expected to, among other things, generate real estate and sales tax revenues, create new
employment opportunities, and further establish the important "gateway" development along
Randall Road that will increase property values and serve as a catalyst for future development
opportunities in the City.
WHEREAS, Owner and the City have determined that certain Impact Fee Improvements
(defined below) for the benefit of the general public are necessary in order to facilitate the
development of the Property and the construction of the Project. In particular, the "Right of Way
Dedication" which will allow for a turn deceleration lane for a safe access to the Project and the
trail way which is part of the"Trail and Sidewalk Improvements"and is located within the"North
Space Open Area"will allow for the interconnection of the public trail ways with other properties
within the community and will benefit the public health and safety.
WHEREAS, after due and careful consideration, the Corporate Authorities (defined
below) have determined that the development of the Property and completion of the Project by
Owner will increase the assessed valuation of real estate within the City, increase tax revenues to
the City,promote increased economic activity within the City, increase employment opportunities
within the City, and are otherwise in the best interest of the City by furthering the health, safety,
and welfare of its residents and taxpayers, and as such, it is in the best interest of the City to
facilitate the development of the Property and the completion of the Project.
WHEREAS, in order to facilitate the development of the Property and the completion of
the Project, the City is willing to undertake the construction of the Impact Fee Improvements
provided that Owner agrees to pay the Impact Fee to the City to reimburse the City for the cost of
constructing the Impact Fee Improvements, all as hereinafter set forth.
NOW,THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
1. Definitions. Whenever used in this Agreement, the following terms shall have the
following meanings unless a different meaning is required by the context:
"Corporate Authorities"means the City Council and the Mayor of the City.
"Impact Fee" means the fee of Seven hundred thirty thousand one hundred eighty-seven
and 55/100 Dollars ($730,187.55) payable by the Owner to the City to reimburse the City for the
Construction of the Impact Fee Improvements on the Impact Fee Improvement Properties in
accordance with the terms of this Agreement.
"Impact Fee Improvements" means, collectively, the (1) the Trail and Sidewalk
Improvements, (2) Right of Way Dedication, (3) Electrical Improvements, and(4) Landscape and
Hardscape Improvements,all of which Impact Fee Improvements will be constructed and installed
by the City on the Impact Fee Improvement Properties and are more particularly described on
Exhibit C attached hereto.
"Impact Fee Improvement Properties" means the (1) North Space Open Area, (2) Hard
Corner Lot, and (3) Right of Way Dedication, which Impact Fee Improvement Properties are
legally described on Exhibit B attached hereto. A site plan for each of the Impact Fee
Improvement Properties is attached hereto as Exhibit B-1.
"Person" means any corporation, partnership, individual, joint venture, trust, estate,
association, business, enterprise, proprietorship, or other legal entity of any kind, either public or
private, and any legal successor, agent, representative, or authorized assign of the above.
"Requirements of Law"means all applicable federal, state, and local laws, statutes,codes,
ordinances, resolutions, orders, rules, and regulations, including any City subdivision, utility,
street, zoning, building code, and other development standards and regulations.
2. Impact Fee Improvements.
a. General Contractor. The City shall enter into a guaranteed maximum price
construction contract with Carlson Construction LLC, an Illinois limited liability company (the
"GC"), for the construction of the Impact Fee Improvements on the Impact Fee Improvement
Properties in accordance with the terms of this Agreement (the "Construction Contract") and in a
form approved by the City. The Construction Contract shall also include a condition that such
Construction Contract is subject to and conditioned upon Sponsor having deposited or caused to
be deposited with the City the Bond as described in Section 4c of the Sponsor Impact Fee, Excess
Cost, and Construction Agreement between the City and Watermark IP IL LLC as Sponsor, to
guarantee all payments which might become due under the Construction Contract.
b. Construction of Impact Fee Improvements. Subject to the obligation of
Owner to pay for the Impact Fee as hereinafter described, the City shall cause the GC to construct
and install all of the Impact Fee Improvements on the Impact Fee Improvement Properties as
depicted and described in this Agreement and the Construction Contract. All Impact Fee
Improvements shall be constructed by the GC in a good and workmanlike manner pursuant to and
in accordance with the Construction Contract, the Requirements of Law, and the terms of this
Agreement.
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3. Impact Fee; Payment.
a. Obligation to Pay. To facilitate the development of the Property and
completion of the Project and to reimburse the City for the construction of the Impact Fee
Improvements, Owner agrees to pay the Impact Fee to the City.
b. Payment. The Impact Fee shall be payable by Owner to the City when the
Impact Fee Improvements are substantially completed, as evidenced by the written approval and
acceptance of the same by Owner and the City;provided that as a condition of the payment of such
Impact Fee by the City to the GC pursuant to the Construction Contract, Chicago Title Insurance
Company, 1795 W. State Street, Geneva, Illinois 60134 (the "Title Company") shall have first
reviewed and approved copies of all lien waivers, sworn statements, and other documentation
required by the Title Company to confirm that no liens or other encumbrances exist as a result of
the Impact Fee Improvement work.
4. No Liens. The City hereby waives any right or ability to lien the Property or the
Impact Fee Improvement Properties due to a breach of Owner's obligations under the terms of this
Agreement.
5. Enforcement. The parties to this Agreement may, in law or in equity, by suit,
action,mandamus,or any other proceeding,including specific performance, enforce or compel the
performance of this Agreement. Notwithstanding the foregoing, or anything else to the contrary
in this Agreement, no action shall be commenced by the Owner against the City for monetary
damages.
6. General Provisions.
a. Notice. Any notice to be given under this Agreement shall be in writing
and shall be delivered (i) personally, (ii) by a reputable overnight courier, (iii) by certified mail,
return receipt requested, and deposited in the U.S. Mail, postage prepaid, (iv)by facsimile, or (v)
by e-mail. Facsimile notices shall be deemed valid only to the extent that they are (a) actually
received by the individual to whom addressed and (b) followed by delivery of actual notice in the
manner described in either (i), (ii), or (iii) above within three (3) business days thereafter at the
appropriate address set forth below. E-mail notices shall be deemed valid only to the extent that
they are (a) opened by the recipient on a business day at the address set forth below, and (b)
followed by delivery of actual notice in the manner described in either(i), (ii), or(iii)above within
three (3) business days thereafter at the appropriate address set forth below. Unless otherwise
provided in this Agreement,notices shall be deemed received after the first to occur of(a)the date
of actual receipt; or(b)the date that is one(1)business day after deposit with an overnight courier
as evidenced by a receipt of deposit; or (b) the date that is three (3) business days after deposit in
the U.S.mail, as evidenced by a return receipt. By notice complying with the requirements of this
Section 6(a), each party to this Agreement shall have the right to change the address or the
addressee, or both, for all future notices and communications to them, but no notice of a change
of addressee or address shall be effective until actually received.
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Notices and communications to the City shall be addressed to, and delivered at, the
following address:
To City:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Manager
kozal_r@cityofelgin.org
With a Copy To:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
cogley_w@cityofelgin.org
To Owner:
Watermark Apartments LLC
c/o Interstate Partners LLC
90 Prairie Parkway
Gilberts, Illinois 60136
(o) 847-428-5303
(c) 312-318-0077
(f) 847-428-5342
Email: mebacher@interstatepartnersil.com
b. Amendments and Modifications. No amendment or modification to this
Agreement shall be effective until it is reduced to writing and approved and executed by all parties
to this Agreement. Unless otherwise provided in this Agreement, City approval for any
amendment or modification shall be granted by the Corporate Authorities, in their sole and
absolute discretion,by resolution duly adopted.
c. Time of the Essence. Time is of the essence in the performance of this
Agreement.
d. Rights Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement
shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed
by law.
e. Non-Waiver. The City shall be under no obligation to exercise any of the
rights granted to it in this Agreement. The failure of the City to exercise at any time any right
granted to the City shall not be deemed or construed to be a waiver of that right, nor shall the
failure void or affect the City's right to enforce that right or any other right.
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f. Consents. Unless otherwise provided in this Agreement, whenever the
consent,permission, authorization, approval, acknowledgement, or similar indication of assent of
any party to this Agreement, or of any duly authorized officer, employee, agent, or representative
of any party to this Agreement, is required in this Agreement, the consent, permission,
authorization, approval, acknowledgement, or similar indication of assent shall be in writing.
g. Governing Law. This Agreement shall be governed by, and enforced in
accordance with, the internal laws,but not the conflicts of laws rules, of the State of Illinois.
h. Severability. It is hereby expressed to be the intent of the parties to this
Agreement that should any provision, covenant, agreement, or portion of this Agreement or its
application to any Person or property be held invalid by a court of competent jurisdiction, the
remaining provisions of this Agreement and the validity, enforceability, and application to any
Person or property shall not be impaired thereby,but the remaining provisions shall be interpreted,
applied, and enforced so as to achieve, as near as may be,the purpose and intent of this Agreement
to the greatest extent permitted by applicable law.
i. Entire Agreement. This Agreement constitutes the entire agreement
between the parties and supersedes any and all prior agreements and negotiations between the
parties,whether written or oral, relating to the subject matter of this Agreement. Notwithstanding
the foregoing, the parties acknowledge a separate associated agreement relating to the subject
matter of this Agreement entitled "Sponsor Impact Fee, Excess Cost, and Construction
Agreement" between the City of Elgin and Watermark IP IL LLC as Sponsor.
j. Authority to Execute. The City hereby warrants and represents to the
Owner that the Persons executing this Agreement on its behalf have been properly authorized to
do so by the Corporate Authorities. Owner hereby warrants and represents to the City (i)that
Owner is or will be the record and beneficial owner of fee simple title to the Property, (ii)that no
other Person has any legal, beneficial, contractual, or security interest in the Property, (iii) that
they have the full and complete right, power, and authority to enter into this Agreement and to
agree to the terms, provisions, and conditions set forth in this Agreement and to bind the Property
as set forth in this Agreement,(iv)that all legal actions needed to authorize the execution,delivery,
and performance of this Agreement have been taken, and (v)that neither the execution of this
Agreement nor the performance of the obligations assumed by the Owner will(a)result in a breach
or default under any agreement to which the Owner is a party or to which they or the Property is
bound or(b) violate any statute, law, restriction, court order, or agreement to which the Owner or
the Property are subject.
k. No Third Party Beneficiaries. No claim as a third party beneficiary under
this Agreement by any Person shall be made, or be valid, against the City or the Owner.
1. Recording. This Agreement may be recorded in the office of the Recorder
of Kane County.
5
m. Counterparts. This Agreement may be executed in counterpart, each of
which shall constitute an original document, which together shall constitute one and the same
instrument.
n. Miscellaneous. This Agreement is deemed to have been drafted jointly by
the parties to this Agreement,and any uncertainty or ambiguity shall not be construed for or against
any party as an attribution of drafting to any party. The recitals contained in this Agreement are,
and shall be construed to be, an integral part of this Agreement. Any schedules and exhibits
attached hereto are hereby incorporated herein as if fully set forth herein. Whenever the context so
requires,the singular shall include the plural and vice versa. The headings of paragraphs and sub-
paragraphs contained in this Agreement are merely for convenience of reference and shall not
affect the interpretation of any of the provisions of this Agreement. All words and phrases shall
be construed as masculine, feminine or neutral gender, according to the context. Whenever the
term "include", "including", or "included" is used in this Agreement, it shall mean "including
without limiting the generality of the foregoing". A "business day" under this Agreement shall
mean any day other than a Saturday, Sunday or a holiday under U.S. or Illinois law. Any period
of time for an act or notice under this Agreement which ends on a day which is not a business day
may be timely performed on the next following business day.
[Signature Page Follows.]
6
IN WITNESS WHEREOF, the parties hereto have caused this Owner Impact Fee
Agreement to be executed as of the day and year first written above.
CITY: OWNER:
CITY OF ELGIN, an Illinois municipal WATERMARK APARTMENTS LLC, an
corporation Illinois limited liability company
By:
P/4,
/ By: 4 .1V:(,
Name: David J. K ptai Name: ,4i (,4-
Its: Mayor Its: yierilfGAiA I L t' -
Atte t:
ilil/U ba,e
City Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
I, the undersigned, a Notary Public in the State aforesaid, DO HEREBY CERTIFY that
David J. Kaptain,Mayor,and Kimberly A. Dewis,City Clerk,of the CITY OF ELGIN,an Illinois
municipal corporation, who are personally known to me to be the same persons whose name are
subscribed to the foregoing instrument, appeared before me this day in person and acknowledged
that signing and delivering the said instrument as their own free and voluntary ci fir the us sand
purposes therein set forth. .‘„,‘,,,",r. JENNIFER J QUINTON
j -�'•. OFFICIAL SEAL
NOTARY PUBLIC
a
GIVEN under •y h. • 'al eal this February 28, 2018. ` /,'r; MY COMMISSION EXPIRES
STATE OF ILLINOIS
JANUARY 10,2020
TATE OF ILLINOIS )
BLAKE BARILE
) SS. lT OFFICIAL SEAL
COUNTY OF KANE ) (T1t�;_ ,•z Notary Public,State of Illinois
My Commission Expires
October 23,2021
I, the undersigned, a Notary Public in the Mate a oresaid, DO HEREBY CERTIFY that
JI/lorL �L4c,1wr ,the ''•r^ PrI„t.;pa I of WATERMARK APARTMENTS LLC,an Illinois
limited liability company, who is personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and acknowledged
that signing and delivering the said instrument as his own free and voluntary act for the uses and
purposes therein set forth.
GIVEN under my hand and notarial seal this Fe.L ,�� 2018.
—
F:\Legal Dept\Agreement\Watermark-Owner Impact Fee Agr-Clean 2-19-18.docx
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOTS 41 THROUGH 65 INCLUSIVE,AND LOTS 107 THROUGH 120 INCLUSIVE,ALONG
WITH THAT PART OF LOT 106 DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHEAST CORNER OF SAID LOT 106; THENCE SOUTH 00 DEGREES 51 MINUTES
58 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 106, 14.49 FEET; THENCE
SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST 404.44 FEET MORE OR LESS TO
A POINT ALONG THE WEST LINE OF SAID LOT 106; THENCE NORTHERLY 14.46 FEET
ALONG THE WEST LINE OF SAID LOT 106, SAID LINE BEING AN ARC OF A CURVE
CONCAVE EASTERLY WITH A RADIUS OF 700.00 FEET, SAID ARC HAVING A CHORD
BEARING OF NORTH 2 DEGREES 47 MINUTES 03 SECONDS WEST AND A CHORD
LENGTH OF 14.46 FEET, TO THE NORTHWEST CORNER OF SAID LOT 106; THENCE
NORTH 88 DEGREES 37 MINUTES 28 SECONDS EAST ALONG THE NORTH LINE OF
SAID LOT 106, 404.92 FEET MORE OR LESS TO THE PLACE OF BEGINNING, ALL IN
THE FINAL PLAT OF SUBDIVISION OF THE GROVE BEING A RESUBDIVISION IN THE
SOUTHEAST QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF
SECTION 30,ALL IN TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004
AS DOCUMENT NO. 2004K125816, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS,
EXCEPTING THEREFROM THAT PART OF LOT 41 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 41; THENCE
SOUTHWESTERLY 29.44 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 41, SAID
LINE BEING AN ARC OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 800.00
FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 65 DEGREES 00 MINUTES
23 SECONDS WEST WITH A CHORD LENGTH OF 29.44 FEET; THENCE NORTH 25
DEGREES 58 MINUTES 51 SECONDS WEST, 12.00 FEET; THENCE NORTHEASTERLY
31.42 FEET ALONG A NON-TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A
RADIUS OF 772.61 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 66
DEGREES 34 MINUTES 08 SECONDS EAST WITH A CHORD LENGTH OF 31.42 FEET TO
A POINT ALONG THE EASTERLY LINE OF SAID LOT 41; THENCE SOUTH 16 DEGREES
01 MINUTES 14 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 41, 11.28
FEET TO THE PLACE OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS.
A
EXHIBIT B
LEGAL DESCRIPTION OF THE IMPACT FEE IMPROVEMENT PROPERTIES
NORTH OPEN SPACE AREA: LOT 98 IN THE FINAL PLAT OF SUBDIVISION OF
NORTHWEST CORPORATE PARK UNIT 1, BEING A SUBDIVISION OF A PORTION OF
THE SOUTHEAST QUARTER OF SECTION 19, AND A PORTION OF THE NORTH HALF
OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS
DOCUMENT NUMBER 98K103162, EXCEPTING THEREFROM LOTS 63, 64, 65, 119,AND
120 IN THE FINAL PLAT OF SUBDIVISION OF THE GROVE,ACCORDING TO THE PLAT
THEREOF RECORDED AS DOCUMENT NUMBER 2004K125816, IN KANE COUNTY,
ILLINOIS, ALSO EXCEPTING THEREFROM THAT PART OF SAID LOT 98 DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 98; THENCE
NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG THE NORTH LINE OF
SAID LOT 98, 168.04 FEET; THENCE SOUTH 34 DEGREES 07 MINUTES 02 SECONDS
WEST, 18.30 FEET; THENCE SOUTH 51 DEGREES 06 MINUTES 31 SECONDS WEST,
11.60 FEET; THENCE SOUTH 27 DEGREES 35 MINUTES 33 SECONDS EAST,29.22 FEET;
THENCE SOUTH 29 DEGREES 57 MINUTES 30 SECONDS WEST, 46.54 FEET; THENCE
NORTH 87 DEGREES 50 MINUTES 58 SECONDS WEST, 25.96 FEET; THENCE SOUTH 39
DEGREES 10 MINUTES 30 SECONDS EAST, 25.65 FEET; THENCE SOUTH 66 DEGREES
48 MINUTES 37 SECONDS EAST, 58.29 FEET; THENCE SOUTH 20 DEGREES 06
MINUTES 55 SECONDS WEST, 59.20 FEET; THENCE SOUTH 35 DEGREES 01 MINUTES
11 SECONDS EAST,3.32 FEET TO THE NORTHEAST CORNER OF SAID LOT 65;THENCE
SOUTH 88 DEGREES 39 MINUTES 55 SECONDS WEST ALONG THE NORTH LINE OF
SAID LOT 65, 85.04 FEET; THENCE NORTH 58 DEGREES 21 MINUTES 59 SECONDS
WEST ALONG A NORTHWESTERLY LINE OF SAID LOT 98, 89.28 FEET; THENCE
NORTH 01 DEGREES 22 MINUTES 18 SECONDS WEST ALONG THE NORTHWEST LINE
OF SAID LOT 98, 140.00 FEET TO THE PLACE OF BEGINNING, ALL IN KANE COUNTY,
ILLINOIS.
ALSO: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42
NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19;
THENCE SOUTH 88 DEGREES 37 MINUTES 40 SECONDS WEST,62.67 FEET TO A POINT
ALONG THE WEST LINE OF RANDALL ROAD PER DOCUMENT NUMBER 96K017695;
THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID WEST
LINE, 550.02 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTH 550 FEET OF
THE EAST HALF OF SAID SOUTHEAST QUARTER AND THE PLACE OF BEGINNING;
THENCE SOUTH 88 DEGREES 37 MINUTES 40 SECONDS WEST ALONG SAID NORTH
LINE, 566.31 FEET; THENCE NORTH 19 DEGREES 36 MINUTES 47 SECONDS EAST,
47.63 FEET;THENCE NORTH 13 DEGREES 57 MINUTES 43 SECONDS EAST,42.68 FEET;
THENCE NORTH 09 DEGREES 04 MINUTES 52 SECONDS WEST, 60.41 FEET; THENCE
SOUTH 73 DEGREES 08 MINUTES 27 SECONDS WEST, 53.35 FEET; THENCE SOUTH 48
DEGREES 50 MINUTES 14 SECONDS WEST, 22.01 FEET; THENCE NORTH 18 DEGREES
37 MINUTES 40 SECONDS WEST,9.95 FEET;THENCE NORTH 62 DEGREES 14 MINUTES
09 SECONDS WEST, 69.67 FEET; THENCE NORTH 64 DEGREES 01 MINUTES 27
B
SECONDS WEST, 26.12 FEET; THENCE NORTH 17 DEGREES 00 MINUTES 26 SECONDS
EAST, 10.93 FEET; THENCE NORTH 01 DEGREES 22 MINUTES 20 SECONDS WEST,
107.77 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 40 SECONDS EAST, 700.52
FEET TO A POINT ALONG SAID WEST LINE OF RANDALL ROAD; THENCE SOUTH
ALONG SAID WEST LINE, 290.74 FEET TO THE PLACE OF BEGINNING, ALL IN KANE
COUNTY, ILLINOIS.
PIN 03-19-400-022 and 03-19-476-004
HARD CORNER LOT: LOTS 100 THROUGH 106 INCLUSIVE IN THE FINAL PLAT OF
SUBDIVISION OF THE GROVE, BEING A RESUBDIVISION IN THE SOUTHEAST
QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF SECTION 30, ALL
IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004 AS
DOCUMENT 2004K125816, IN KANE COUNTY, ILLINOIS, EXCEPTING THEREFROM
THAT PART OF LOT 106 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF SAID LOT 106; THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS
EAST ALONG THE EAST LINE OF SAID LOT 106, 14.49 FEET; THENCE SOUTH 88
DEGREES 37 MINUTES 46 SECONDS WEST 404.44 FEET MORE OR LESS TO A POINT
ALONG THE WEST LINE OF SAID LOT 106; THENCE NORTHERLY 14.46 FEET ALONG
THE WEST LINE OF SAID LOT 106, SAID LINE BEING AN ARC OF A CURVE CONCAVE
EASTERLY WITH A RADIUS OF 700.00 FEET, SAID ARC HAVING A CHORD BEARING
OF NORTH 2 DEGREES 47 MINUTES 03 SECONDS WEST AND A CHORD LENGTH OF
14.46 FEET, TO THE NORTHWEST CORNER OF SAID LOT 106; THENCE NORTH 88
DEGREES 37 MINUTES 28 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT
106, 404.92 FEET MORE OR LESS TO THE PLACE OF BEGINNING, ALSO EXCEPTING
THEREFROM THAT PART OF LOT 100 DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF SAID LOT 100; THENCE SOUTHWESTERLY 308.27 FEET
ALONG THE SOUTHERLY LINE OF SAID LOT 100, SAID SOUTHERLY LINE BEING AN
ARC OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 800.00 FEET, SAID ARC
HAVING A CHORD BEARING OF SOUTH 77 DEGREES 06 MINUTES 00 SECONDS WEST
WITH A CHORD LENGTH OF 306.37 FEET,TO THE SOUTHWEST CORNER OF SAID LOT
100; THENCE NORTH 16 DEGREES 01 MINUTES 14 SECONDS WEST ALONG SAID
WEST LINE, 11.28 FEET; THENCE NORTHEASTERLY 309.25 FEET ALONG A NON-
TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 772.61 FEET, SAID
CURVE HAVING A CHORD BEARING OF NORTH 79 DEGREES 12 MINUTES 02
SECONDS EAST AND A CHORD LENGTH OF 307.19 FEET TO THE PLACE OF
BEGINNING, ALL IN KANE COUNTY, ILLINOIS.
RIGHT OF WAY DEDICATION: THAT PART OF LOTS 100 AND 41 IN THE FINAL PLAT
OF SUBDIVISION OF THE GROVE, BEING A RESUBDIVISION IN THE SOUTHEAST
QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF SECTION 30, ALL
IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004 AS
DOCUMENT 2004K125816, IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
B
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 100; THENCE
SOUTHWESTERLY 337.71 FEET ALONG THE SOUTHERLY LINE OF SAID LOTS 100
AND 41, SAID SOUTHERLY LINE BEING AN ARC OF A CURVE CONCAVE SOUTHERLY
WITH A RADIUS OF 800.00 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH
76 DEGREES 02 MINUTES 44 SECONDS WEST WITH A CHORD LENGTH OF 335.21
FEET; THENCE NORTH 25 DEGREES 58 MINUTES 51 SECONDS WEST, 12.00 FEET;
THENCE NORTHEASTERLY 340.67 FEET ALONG A NON-TANGENTIAL CURVE
CONCAVE SOUTHERLY WITH A RADIUS OF 772.61 FEET, SAID CURVE HAVING A
CHORD BEARING OF NORTH 78 DEGREES 02 MINUTES 08 SECONDS EAST AND A
CHORD LENGTH OF 337.91 FEET TO THE PLACE OF BEGINNING, ALL IN KANE
COUNTY, ILLINOIS. (HAVING AN AREA OF 2,214 SQUARE FEET)
B
EXHIBIT B-1
IMPACT FEE IMPROVEMENT PROPERTIES
f , 7 ,x7/7//,/////////71
AGREEMENT
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SUBJECT
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B-1
EXHIBIT C
IMPACT FEE IMPROVEMENTS AND ESTIMATED COSTS
Summary Line-Item:
Exhibit Scope $Amount
Exhibit C-1 Trail, Sidewalk Improvements & Restoration $187,355.60
Exhibit C-2 Right Turn Lane & Light Fixtures $173,375.20
Exhibit C-3 Electrical Improvements $139,500.00
Exhibit C-4 Landscape& Hardscape Improvements $229,956.75
Total Estimate $730,187.55
NOTE—All offsite improvements are noted throughout RWG Engineering civil
plans including revisions dated November 27, 2017
C
EXHIBIT C-1
TRAIL, SIDEWALK IMPROVEMENTS AND RESTORATION
[See Attached]
C-1
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C-1
EXHIBIT C-1
SCOPE OF WORK AND TOTAL COST
Estimated Budget: $187,355.60
Scope:
• Subgrade prep for walking trail ❑ 18,255 SF x $ 1.50= $ 27,382.50
• Aggregate material & compaction for walking trail -450 CY x $ 55.55 = $ 24,997.50
• Sidewalk aggregate &concrete - 18,255 SF x $ 7.12 = $ 129,975.60
• Backfill new walks &trails - 1 LS x $5 ,000.00= $ 5,000.00
TOTAL FOR C-1 = $ 187,355.60
C-1
EXHIBIT C-2
RIGHT TURN LANE & LIGHT FIXTURES
- 4.1001
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EXHIBIT C-2
SCOPE OF WORK AND TOTAL COST
Estimated Budget: $173,375.20
Scope:
• Provide traffic control ❑ Jersey barrier, signs, flagman- 1 LS x $ 40,000.00=$
40,000.00
• Demo curbs,parkway, structures - 1 LS x $ 9,000.00= $ 9,000.00
• Excavate and remove sub❑grade - 388 CY x $46.40=$18,003.20
• Install storm sewer, structures &backfill - 688 LF x $45.00= $30,960.00
• Fine grade sub❑grade - 10,500 SF x $0.50= $5,250.00
• Install compacted aggregate base, asphalt &markings - 1,167 SY x $31.00= $36,177.00
• Provide curb and gutter- 695 LF x $23.00= $15,985.00
• Light poles—2 EA x $3,500 =$7,000
• Bases—2 EA x $1,000= $2,000
• Assembly—2 EA x $1,000 =$2,000
• Directional bore under Northwest Pkwy— 1 EA x $5,000= $5,000
• Wiring— 1,000 LF x $2.00 = $2,000
TOTAL FOR C-2 =$173,375.20
C-2
EXHIBIT C-3
ELECTRICAL IMPROVEMENTS
/See Attached.,
C-3
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EXHIBIT C-3
SCOPE OF WORK AND TOTAL COST
Estimated Budget: $139,500.00
Scope:
• Provide 2 new light poles & foundations - 2 EA x $4,000.00= $8,000.00
• Provide new electrical service and utility box - 1 LS x $121,000.00 =$121,000.00
• Provide pond fountain with electrical connections - 1 EA x $3,500.00= $3,500.00
• Provide 4 aerators with electrical connections - 4 EA x $1,250.00= $5,000.00
• Provide misc. materials & labor for systems - 1 LS x $2,000.00= $2,000.00
TOTAL FOR C-3 = $139,500.00
C-3
EXHIBIT C-4
LANDSCAPE AND HARDSCAPE IMPROVEMENTS
[See Attached!
C-4
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C-4
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• Landscaping
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• See preliminary Sheets:
oL1.3
o L1.4
o Ll.98
o L1.913
EXHIBIT C-4
SCOPE OF WORK AND TOTAL COST
Estimated Budget: $229,956.75
Scope:
• Provide subLgrade preparation- 10,665 SF x $0.75 = $7,998.75
• Provide all plantings along Watermark Drive - 162 EA x $191.00 = $30,942.00
• Provide all plantings at north terrace - 290 EA x $104.00= $30,160.00
• Provide all hardscape planters & seating north terrace- 7 EA x $5,014.00 = $35,098.00
• Provide sidewalks per L1.9A and L1.9B - 6850 SF x $7.12 = $48,772.00
• Provide seating&tables & access. per L1.9A and L1.9B - 47 Items x $638.00=
$29,986.00
• Provide metal pergola- 1 EA x $45,000.00 = $45,000.00
• Provide other misc items per L1.9A and L1.9B - 1 LS x $2,000.00= $2,000.00
TOTAL FOR C-4 = $229,956.75
C-4