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City Council Packet 2011 12-27-11 C�r� United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o co Telephone: 630-553-4350 Fax: 630-553-7575 Nengaoi C°uN hZCE '►rye AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, December 27,2011 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV George Gilson,Jr. Jackie Milschewski Marty Munns Rose Ann Spears Carlo Colosimo Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: 1. Swearing in of Patrol Officer Sara Gerlach Public Hearings: 1. PC 2011-11 Grande Reserve Amended Annexation Agreement and Planned Unit Development Agreement Citizen Comments: Consent Agenda: 1. CC 2011-137 Bills for Approval - $773,835.25 2. ADM 2011-70 Monthly Treasurer's Report for November 2011 3. ADM 2011-72 Bond Abatement Ordinances a. Ordinance to Abate $3,525,000 General Obligation Bonds (Alternate Revenue Source, Series 2005 (Countryside TIF)—authorize Mayor and City Clerk to execute b. Ordinance to Abate $2,000,000 General Obligation Bonds (Alternate Revenue Source, Series 2005C (Waterworks and Sewer)—authorize Mayor and City Clerk to execute c. Ordinance to Abate $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002 (Fox Industrial)—authorize Mayor and City Clerk to execute 4. CC 2011-138 Series 2005D and 2008 Bond Abatement Ordinances a. Ordinance Abating the Tax Hereto Levied for the Years 2011 through 2014 to Pay the Principal of and Interest on the $11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D (Rob Roy Creek)—authorize Mayor and City Clerk to execute b. Ordinance Abating the Tax Hereto Levied for the Years 2011 through 2016 to Pay the Principal of and Interest on the $2,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2008 (Refinance Rob Roy Creek)—authorize Mayor and City Clerk to execute City Council Meeting Agenda December 27, 2011 Page 2 Minutes for Approval: Mayor's Report: 1. CC 2011-139 Resolution Acknowledging Satisfaction of Development Agreement (Reserve at the Fox River Apartments) 2. PW 2011-72 Grant of Permanent Fire Hydrant Easement Acceptance—213 S. Bridge Street 3. PW 2011-76 Raging Waves a. Letter of Credit Reduction b. Ordinance Amending Requirements for Improvement Securities 4. PW 2011-68 Grande Reserve Request for Letter of Credit Reduction Public Works Committee Report: 1. PW 2011-65 Kennedy Road Shared Use Path- ITEP Bike Path Grant Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1. PW 2011-39 Residential Solid Waste Franchise Agreement Park Board: Plan Commission: Zoning Board of Appeals: City Council Report: City Clerk's Report: City Treasurer's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For the purchase or lease of real property for use of the public body. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: City Council Meeting Agenda December 27, 2011 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES ------------------------------------------------------------------------------------------------------------------------------------------------ :PUBLIC WORKS: January 17,2012-6:00 p.m.-City-H-all-Conference Rooin�- ---------------------------------------------- Committee Departments Liaisons Chairman: Alderman Gilson Public Works Park Board Vice-Chairman: Alderman Milschewski Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Teeling -ECONOMIC DEVELOPMENT: Januay y_3 2012-7:00 p.m.-City Hall Conference Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Vice-Chairman: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling 'PUBLICSAFETY: January 5, 2012-6:30 p.m.--Citv Hall Conference Room--- ------------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- `ADMINISTRATION: January_19,2012-6:00_p.m.-City Hall Conference Roomf- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, December 27, 2011 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Swearing in of Patrol Officer Sara Gerlach ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2011-11 Grande Reserve Amended Annexation Agreement and Planned Unit Development Agreement ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-137 Bills for Payment - $773,835.25 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-70 Monthly Treasurer's Report for November 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2011-72 Bond Abatement Ordinances ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2011-138 Series 2005D and 2008 Bond Abatement Ordinances ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-139 Resolution Acknowledging Satisfaction of Development Agreement (Reserve at the Fox River Apartments) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-72 Grant of Permanent Fire Hydrant Easement Acceptance—213 S. Bridge Street ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2011-76 Raging Waves LOC Reduction and Ordinance Amending Requirements for Improvement Securities ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2011-68 Grande Reserve Request for Letter of Credit Reductions ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2011-65 Kennedy Road Shared Use Path—ITEP Bike Path Grant ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-39 Residential Solid Waste Franchise Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- D CO. Reviewed By: Agenda Item Number At Legal ❑ Public Hearing#1 EST, �� 1836 Finance ❑ ._ 7 Engineer ❑ Tracking Number "< av C? City Administrator �raau ca,�cqc y �c3 Consultant E] PC 2011-11 JCB.E !. ❑ Agenda Item Summary Memo Title: Grande Reserve Amended Annexation Agreement and PUD Agreement Meeting and Date: City Council—December 27, 2011 Synopsis: Request for Letter of Credit Reduction and Amended Annexation Agreement for the Grande Reserve Subdivision North. Council Action Previously Taken: Date of Action: CC 12/13/11 Action Taken: Public Hearing of Grande Reserve LOC reduction request (tabled) Item Number: PH #1 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: Please see attached Staff memorandum and supporting documents. Memorandum � O To: City Council esr. 1,. pass From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator 0 Brad Sanderson, EEI Date: December 21, 2011 Subject: PC 2011-11 Grande Reserve Amended Annexation & PUD Agreement Quality Properties Asset Management, LLC (Bank of America), successor owner of the Grande Reserve Subdivision, is currently in negotiations with a buyer for the lots under their ownership within the development. The contract purchaser, Avanti Properties Group based out of Florida, is scheduled to close on the property by the end of the calendar year and Bank of America, through their consultant, has approached the City with a request to release and/or reduce current letters of credit used as security for units located in Grande Reserve North. The requested release/reductions are outlined in a report entitled "Grande Reserve North — Letter of Credit Status and Review" prepared by Hearthstone and dated 9/28/2011. The City's engineering consultant has reviewed the requested reductions and prepared an analysis of completed and outstanding work for each corresponding Lettor of Credit and set forth his recommendations for reduction in the attached summary and punch list. Of the proposed ten (10) Letters of Credit requested for reduction, only LOC #16 exceeds the scope for reduction as provided for in Section S. Security Instrument of the development's Annexation Agreement (Ord. 2003-44). Therefore, an amendment to the existing annexation agreement is required. The remaining nine (9) Letters of Credit proposed for reduction will be considered independently by the City Council at Tuesday night's meeting under a separate agenda item, and do not require annexation agreement amendment. Currently, LOC #16 covers land improvements within Units 23, 26 and 27 of the Grande Reserve development (see attached map). These land improvements include excavating and grading, construction and maintenance of two (2) detention basins, and storm sewer installation. Unit 23 was granted Final Plat approval in 2006 and currently has 21 homes built. Units 26 and 27 are mass graded, but have not been platted. The current amount of LOC #16 is approximately $655,000 with an estimated remaining cost for completion of the work valued at$614,000. Although there are areas within these units with incomplete infrastructure, the City's engineering consultant finds it acceptable to reduce the current $655,000 Letter of Credit to $100K (which is less than the required 110% of the cost to complete the remaining work), subject to the following conditions: 1. The $100,000 irrevocable letter of credit cannot be reduced any further to ensure funds are available for future maintenance of the detention basins in Unit 23, if necessary. 2. Upon reduction of the LOC in Units 23, 26 and 27, no new construction, grading or any other building permit related work can occur in those units unless and until a new engineer's estimate of probable construction costs is calculated and a new LOC is posted for the entire area. Attached for your consideration are draft ordinances of the proposed Grande Reserve Amended Annexation and Planned Unit Development Agreement. Representatives from Hearthstone will also be present at Tuesday night's meeting on behalf of Quality Properties Asset Management, LLC (Bank of America) to answer any questions you may have regarding this matter. LETTER OF CREDIT-16-S590433 ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST FOR GRANDE RESERVE NORTH-NEIGHBORHOOD 1 MASS GRADING IMPROVEMENTS YORKVILLE,ILLINOIS (BASED ON ENGINEERING IMPROVEMENT PLANS,PLAN DATE 826/05) FILE:3405.00 4 00 EROSION DATE:9/12105 REVISED:10113105 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A. EXCAVATION&GRADING,NH 1 I. TOPSOIL EXCAVATION 170,680 C.Y 1.60 273,088.00 35% 177,507.20 2. CLAY EXCAVATION 143,320 C.Y 2,00 286,640.00 35% 186,316.00 3. TOPSOIL RESPREAD IN DETENTION BASINS/OPEN SPACE 70,735 C.Y. 1.95 137,933.25 50% 68.966.63 4. EMERGENT SEEDING/PLANTING IN DETENTION BASINS 0.43 AC. 17,500.00 7,525.00 3,762.50 S. WET PRAIRIE SEEDING/PLANTING DETENTION BASINS 2.82 AC. 2,700.00 7,614.00 3,807.00 6. PRAIRIE SEEDING/PLANTING DETENTION BASINS 1.61 AC. 2,700.00 4,347.00 2,173.50 7. EROSION CONTROL INCLUDING STRAW BALES DIVERSION DITCHES,WEEKLY MAINTENANCE, ETC. 1 L.S. 16,000.00 16,000.00 40% 9,600.00 8. SILT FENCE 14,321 L.F. 1.25 17,901.25 50% 8,M.63 TOTAL NH 3 EXCAVATION&GRADING $ 751,048.50 $ 461,083.45 D. STORM SEWER 1. 12"RCP 43 L.F 17.00 731.00 0% 731.00 2. 24'RCP 692 L.F. 28.00 19,376.00 0% 19,376.00 3. 30'RCP 865 L.F. 35.00 30,975.00 0% 30,975.00 4. 36"RCP 267 L.F. 46.00 12,282,00 0% 12,282.00 5. 60"MANHOLE W/FRAME&LID 12 EA. 1,400.00 16,800.00 0% 16,800,00 S. 12'RCP FLARED END SECTION W/GRATE 1 EA. 650.00 65000 0% 650.00 7. 24"RCP FLARED END SECTION W/GRATE 2 FA 820.00 1,640.00 0% 1,640.00 8. 30"RCP FLARED END SECTION WI GRATE 1 EA 1,200.00 1,200.00 0% 1.200.00 9. 36"RCP FLARED END SECTION W/GRATE 2 EA, 1.300,00 2,600,00 0% 2 60000 10. SPECIAL STOOM STRUCTURE 2 EA. 5,000.00 10,000.00 0% 10.000.00 11. SELECT GRANULAR BACKFILL(MAINLINE) 40 L.F. 15.00 600,00 0% 600.00 TOTAL STORM SEWER $ 96,854.00 $ 96,854.00 SUMMARY A. EXCAVATION$GRADING 751,048.50 461,083A5 B. STORM SEWER 96,854.00 96 854.00 TOTAL 647,902.50 557,937.45 Plus 10% 84,790.25 55,793.75 932,692.75 613,731.20 Current LOC 654,912.65 Amount of Completed Work 0,00 Amount of Required 0,00 Transfer Obligation to Land Purchaser 0.00 Issue Check to City 20,000.00 Eliminate LOC or Transfer Obligation to Future Builder 634,912.65 Remaining Work Retainage(15%) EEI Recommend LOC Value November 9, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 23 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble. Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. Provide a signed copy of the Storm Water Management System Maintenance Plan Agreement Z or the storm water basins. 3. All ponds should have their annual inspection reports completed and submitted to the City for review. In addition, the ponds should be surveyed to verify there are no sediment issues and the volumes are correct. 4. A 48 hour burn test of the street lights should be completed prior to acceptance. 5. There are various parking areas located in the model areas that should be removed. 52WKeeler Road,Sugar Grove, IL 60554— (630)466-6700 tel—(630)466-6701 fax—www.eeiweb.com Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 6. The silt fence around Basin 13 needs to be repaired and/or replaced. 7. All Galena Road Improvements should be completed prior to acceptance. Please provide any updated plans for review. 8. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 9. All damaged and/or missing signs around ponds should be replaced or repaired necessary. Storm Sewer 10. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: - FES 3-102 - FES 1-218 - FES 1-294 - FES 1-90 - FES 1-293 - FES 3-25 - FES 1-37 - FES 1-224 - FES 1-87 - FES 1-225 11. FES 3-25 at in the southeast corner of pond 12 should have the grate reattached to the flared end section. 12. The following storm structures should be cleaned of all debris - INL 1-54 - INL 1-197 - INL 1-44A - INL 1-200 - INL 1-105A - INL 1-177A - INL 1-97 - INL 1-189A - INL 1-158A - MH 1-107 - INL 1-159 - MH 1-228 - INL 1-107 13. The following structures should have the area around the structures regraded and restored: - FES 1-294 - FES 1-293 14. INL 1-208A should be located for inspection. 15. The following structures have missing steps that should be replaced: - CB 1-96 -- CB 1-177 - CB 1-190 16, MH 1-157 should to have frame re-centered on the structure. 17. The following structures need to have the fillets poured around the frame of the structure: - INL 1-206 - INL 1-107 - CB 1-202 - INL 1-191 - INL 1-203 - CB 1-39 Ms. Kiysti Barksdale-Noble November 9, 2011 Page 3 CB 1-88 - CB 1-89 18. The following structures currently have an open lid but should be replaced with a closed lid: - MH 1-107A - MH 1-58 MH 1-63 - MH 1-165 19. The following structures need to have the void around the pipes mortared: - MH 1-64 - MH 1-221 20. The following structures should have the lifting hooks cut off: MH 1-52 - MH 1-237 MH 1-234 21. CB 1-188 should has a damaged frame that should be replaced. 22. All storm sewer must be televised and reports submitted for review. Sanitary Sewer 23. The following sanitary sewer manholes should have their frames re-centered on the structure and the chimney seals replaced/repaired: - San MH 1-16 - San MH 1-6 24. Fox Metro has been contacted regarding all sanitary testing on the site. A final testing report will be sent at a later date. Water 25. The paint on various fire hydrants are flaking or chipping. All fire hydrants should be wire brushed and re-painted. 26. The following valve boxes or auxiliary valve adaptors are not connected to the top of the valve: - FH 1-1 - FH 1-13 - VB 1-3 - VB 1-22 - VB 1-6 - FH 1-30A - FH 1-12A 27. The following valves could not be turned: - VB 1-11 - VB 1-21 - VB 1-14 - VB 1-30 - VB 1-18 - VB 1-32A - VB 1-20 - VB 1-33 - VB 1-26 - VB 1-35 - VB 1-28 28. The following fire hydrants need to be extended so that the center of the main nozzle is between 18" and 24" from the ground: - FH 1-1 - FH 1-27 Ms. Krysti Barksdale-Noble November 9, 2011 Page 4 Roadway 29. The area just east Blackhawk on Millbrook at cul-de-sac (10'x10'x4 each) should have the binder patched prior to placement of Hot-Mix Asphalt Surface Course. 30. The following locations currently have damaged sidewalk that should be removed and replaced. Prior to replacement all locations will be field verified. - Tuscany Trail Station 31+60 to 47+50 (4 squares) - East Millbrook Circle Station 10+00 to 20+00 (8 squares) - incomplete sidewalk installation - East Millbrook Circle Station 20+00 to 28+00- incomplete sidewalk installation - East Millbrook Circle Station 28+00 to 37+00 (1 handicap ramp) - incomplete sidewalk installation - Owen Court Station 10+00 to 13+00- incomplete sidewalk installation - Gains Court Station 10+00 to 13+50- incomplete sidewalk installation - Sheridan Court Station 10+00 to 13+00- incomplete sidewalk installation - Ketchum Court Station 10+00 to 12+50 - incomplete sidewalk installation - East Millbrook Circle cul-de-sacs Station 35+00 (3 squares + 1 handicap ramp) - incomplete sidewalk installation - Blackhawk Boulevard Station 10+00 to 13+75 (1 handicap ramp) - Preston Drive Station 10+00 to 12+00 (4 squares + 3 handicap ramps) 31. The following locations currently have damaged curb that should be removed and replaced. Prior to replacement all locations will be field verified. - Tuscany Trail Station 31+60 to 47+50 (50' - 10 locations) - East Millbrook Circle Station 10+00 to 20+00 (200' -20 locations) - East Millbrook Circle Station 20+00 to 28+00 (100' - 16 locations) - East Millbrook Circle Station 28+00 to 37+00 (40'- 8 locations) - Owen Court Station 10+00 to 13+00 (10' - 2 locations) - Gains Court Station 10+00 to 13+50 (25' - 5 locations) - Sheridan Court Station 10+00 to 13+00 (130' - 16 locations) - Ketchum Court Station 10+00 to 12+50 (20'-4 locations) - East Millbrook Circle cul-de-sac Station 35+00 (35' -7 locations) - Blackhawk Boulevard Station 10+00 to 13+75 (65' - 12 locations) - Preston Drive Station 10+00 to 12+00 (20' -4 locations) 32. All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. 33. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 34. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. Ms. Krysti Barksdale-Noble November 9, 2011 Page 5 Landscaping 35. All landscaping will need to be revisited again in the spring to verify that all plants are living. In addition, there are many lots without structures thus the landscaping has not been installed. The following missing or dying trees should be removed or replaced: - 1 PCA southeast corner of Galena Road and Blackhawk Boulevard - 1 QB north of lot 239 on berm along Galena Road - 1 UXF north of lot 239 - 1 CS north of lot 239 on berm along Galena Road - 1 AFM north of lot 243 - 1 FPS north of lot 250 on berm along Galena Road - 2 ARS north of lot 251 on berm along Galena Road - 2 QB north of lot 252 on berm along Galena Road - 1 AFM north of lot 251 - 2 UXP south of lot 251 - 1 FAFF south of lot 244 - 1 AFSG southwest of lot 260 - 1 QR north of lot 259 - 1 QB on the berm on the east side of Basin 13 - 1 AC east of lot 263 - 4 BN east of lot 266 - 3 AC east of lot 274 - 1 AC east of lot 275 - 1 ASB north of lot 232 - 1 AFSG north of lot 227 - 2 AFSG north of lot 234 - 3 AC6 north of lot 167 - 1 AFM east side of Tuscany Trail station 43+00 - 1 GTS west side of Tuscany Trail station 41+25 - 1 GTS west side of Tuscany Trail station 40+00 - 1 PCE west side of Tuscnay Trail station 38+75 - 1 QR east of lot 284 - 1 QB west side of Tuscany Trail station 34+50 - 1 PCA4 west side of Blackhawk Boulevard station 11+00 - 1 MSF west side of Blackhawk Boulevard 13+75 - 1 FAFF north of lot 97 - 1 GTS northeast of lot 86 - 1 ARO north of lot 86 36. All landscaping will need to be revisited again in the spring to verify that all plants are living. The following missing or dying foundational and berm plantings should be removed or replaced: - 15 CR southeast corner of Galena Road and Blackhawk Boulevard - 18 REB southeast corner of Galena Road and Blackhawk Boulevard - 9 THE southeast corner of Galena Road and Blackhawk Boulevard - 6 SPM west side of Tuscany Trail Station 42+50 - 8 SPM west side of Tuscany Trail station 42+00 9 SPM west side of Tuscany Trail station 41+75 Ms. Krysti Barksdale-Noble November 9, 2011 Page 6 — 19 SNF west side of Tuscany Trail station 41+25 — 21 FOM west side of Tuscany Trail station 40+00 — 28 RKO west side of Tuscany Trail station 39+00 — 11 CR east of lot 283 — 48 REB west side of Tuscany Trail station 37+00 — 20 FOM west side of Tuscany Trail station 36+00 — 16 SXV west side of Tuscany Trail station 35+50 — 29 REB in island at intersection of Blackhawk Boulevard and Galena Road — 11 SPM in island at intersection of Blackhawk Boulevard and Galena Road 2 MSF east side of Blackhawk Boulevard station 11+50 9 REB in northwest corner of Tuscany Trail and Preston Drive 2 TMW west side of Tuscany Trail station 29+50 7 SMK west side of Tucany Trail station 29+00 All plantings around sign at northwest corner of Blackhawk Boulevard and Galena Road If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G APub1ic\Yorkvil1e\2011\Y01130-D Grande Reserve\Docs\Unit 23 Punchlist 01.docx November 9, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL. 60560 Re: Grande Reserve Unit 26 Punch List United City of Yorkville Kendall County, Illinois Ms Noble. Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains; provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. Provide a signed copy of the Storm Water Management System Maintenance Plan Agreement for the storm water basins. 3. All ponds should have their annual inspection reports completed and submitted to the City for review. In addition, the ponds should be surveyed to verify there are no sediment issues and the volumes are correct. 4. A 48 hour burn test of the street lights should be completed prior to acceptance. 5 2-Wheeler `s.d Su gar Grove,I L 605 r 466-6700 r • '! Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 5. The silt fence around the topsoil stock piles need to be repaired and/or replaced. 6. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is darnaged or missing should be fixed in order to control sediment runoff. 7. There are various portions of the improvements that are still being farmed. In order to control sediment runoff into the ponds or storm sewers the farmer should be contacted and asked to leave a minimum fifty (50') foot strip of vegetation between the farmland and property lines, ponds, or storm sewer. 8. All damaged and/or missing signs around ponds should be replaced or repaired necessary. 9. The storm water management easements need to be recorded. Storm Sewer 10. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: — FES 1-286 — FES 1-290 — FES 1-288 11. All storm sewer must be televised and reports submitted for review. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G APublic\Yorkville\2011\YO1130-D Grande Reserve\Docs\Unit 26 Punchlist 01 docx i for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Annexation and Planned Unit Development Agreement conceming the annexation and development of the real estate described therein, a copy of which Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2:That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA' PROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 20 b3 . MA OR 2 ASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of A.D. 20 D Attest: ITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville,IL 60560 630.553.9500 3 "KONICEK" Annexation Parcel PARCEL NO 1: THAT PART OF SECTIONS FOURTEEN (14), FIFTEEN (15)AND TWENTY-THREE(23),ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO..1, (SAID POINT ALSO BEING THt INTERSECTION OF THE CENTERLINE OF 13RISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEUS PARADISE LAKE UNIT NO. 1 RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST,724.86 FEET ALONG THE CENTERLINE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094.72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46 MINUTES 24 SECONDS EAST 622.47 FEET TO THE-POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EASE 1776.45 FEET TO A POINT;THENCE SOUTH 52 DEGREES 21 MINUTES 00 SECONDS WEST 1343.89 FEET TO A POINT IN THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00-SECONDS WEST 1778.85 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. PARCEL NO.2: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE(23),ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO. 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEUS PARADISE LAKE UNIT NO. 1, RECORDED AS DOCUMENT#71-215; THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1778.85 FEET ALONG THE CENTERLINE OF BRISTOL ROAD FOR THE POINT OF BEGINNING;THENCE NORTH 52 DEGREES 21 MINUTES 00 SECONDS EAST 1343.89 FEET TO A POINT;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1645.23 FEET TO A POINT IN THE CENTERLINE OF ILLINOIS ROUTE 34;THENCE SOUTH 46 DEGREES 33 MINUTES 17 SECONDS WEST 1350.80 FEET ALONG SAID CENTERLINE OF ILLINOIS ROUTE 34 TO THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 1781.63 FEET ALONG SAID CENTERLINE OF BRISTOL ROAD TO THE POINT OF BEGINNING. PARCEL NO. 3: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE(23),ALL IN TOWNSHIP THIRTY-SEVEN (37).NORTH, RANGE SEVEN(7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO. 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEUS PARADISE LAKE UNIT NO. 1, RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST 724.86 FEET ALONG.THE CENTER41NE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094:72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46-MINUTES 24 SECONDS EAST 622.47 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 27,DEGREES 15 MINUTES 21 SECONDS EAST 551.92 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 45 DEGREES 56 MINUTES 15 SECONDS-iEAST-1.541:96-EEE-T,-Y-~:F�-°- ALONG AN EXISTING FENCE LINE TO A POINT;THENCE SOUTH 35 DEGREES 48 MINUTES 56 k m............. "STEINBRECHER FARM A" Parcel for Zoning Map PARCEL ONE: THAT PART OF SECTIONS 15, 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT RECORDED MAY 12, 1952 AS DOCUMENT 125479; THENCE WESTERLY ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST 1303.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17 DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET;THENCE SOUTH 77 DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81 DEGREES 05 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S SUBDIVISION,462 FEET; THENCE WESTERLY PARALLEL WITH THE CENTERLINE OF SAID ROAD 194.7 FEET TO THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID SUBDIVISION;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED 1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15;THENCE SOUTH 0 DEGREES 55 MINUTES 0 SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88 DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36 DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET; THENCE SOUTH 39 DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE CENTERLINE OF U. S. ROUTE 34; THENCE NORTHEASTERLY ALONG SAID CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE, RIVER RIDGE;THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE;THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTHWESTERLY ALONG SAID CENTERLINE 1886.5 FEET TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES 0 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 69 DEGREES 10 MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT FROM SAID PARCEL.THAT PART LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF STRUKEUS PARADISE LAKE UNIT 1; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID STRUKEUS PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF BRISTOL RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58 SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE DESCRIPTION OF THIS LINE, A DISTANCE OF 215.76 FEET; THENCE SOUTH 47 DEGREES 53 MINUTES 15 SECONDS WEST 54.82 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 445. UEff MAT,,. CHORD BEARING OF SOUTH 64 DEGREES 20 MINUTES 37 SECONDS WEST, A I "STEINBREGHER. FARM B" Noah Annexation Parcel PARCEL TWO: THAT PART OF THE SOUTH HALF OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS'FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11;THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11;THENCE SOUTH 89 DEGREES 53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF.SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 11;THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 977.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 1-5-MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINEw;-THEN CE NORTH 79-DEGREES 10 MINUTES 0 SECONDS WEST 2877.4 FEET ALONG SAID-CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY;THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINEOF SAID SECTION 11;THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG'SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RUNNING THROUGH SECTION 11 AFORESAID AND ALSO EXCEPT THE FOLLOWING DESCRIBED PREMISES:THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14,•TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE SOUTHERLY ALONG•THE WEST LINE OF SAID SECTION-14, 7.5 FEET FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST LINE OF SAID SECTION 14,434.5 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 876 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE CENTER OF THE BRISTOL-AURORA ROAD; THENCE NORTH 8 DEGREES 28 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 212.11 FEET TO A LINE DRAWN PARALLEL WITH AND 7.5 FEET SOUTH OF AND NORMALLY DISTANT FROM THE NORTH LINE OF SAID SECTION 14;THENCE NORTH 89 DEGREES 53 MINUTES 0 SECONDS WEST ALONG SAID PARALLEL LINE 812.5 FEET TO THE POINT OF BEGINNING,AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF.SAID SECTION 14;THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 14,A DISTANCE OF 442.0 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (FORMERLY THE CHICAGO, BURLINGTON AND QUINCY RAILROAD);THENCE NORTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD A DISTANCE OF 876 FEET TO-THE CENTERLINE OF KENNEDY ROAD FOR A POINT OF BEGINNING;THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD, A DISTANCE OF 849.68 FEET TO THE NORTH LINE OF SAID SECTION 14 BEING ALSO THE SOUTH LINE OF SAID SECTION 11; THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD,A DISTANCE OF 2419.37 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID,SECTION 11; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION.11,A DISTANCE OF 197.04 FEET TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN-190 FEET NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO,AND PARALLEL WITH THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE,A DISTANCE OF 3189.33 FEET TO,,:_,_- --- THE SOUTH LINE OF SAID SECTION 11, BEING ALSO THE NORTH11NE-OP-SAID"SEC`CI0N 14; THENCE CONTINUING SOUTHWESTERLY'ALONG SAID PARALLEL LINE,A DISTANCE OF 200300032964 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 8-71— T _., 09-11-2003 At 12:04 PM. ANNEX AGREE 151.00 � to72fIf3 ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of th6 day ofC U L-� , 2003, by and between MPI-2 YORKVILLE NORTH LLC (Owner of the Tucek, Handke and Steinbrecher Farm `B" parcel north of the Burlington Northern railroad tracks), MPI-2 YORKVILLE CENTRAL LLC (Owner of Parcel #02-11-300-005 Steinbrecher Farm `B" parcel south of the Burlington Northern railroad tracks, Inland parcel, and Konicek parcels), and MPI-2 YORKVILLE SOUTH I LLC (Owner of the Steinbrecher Farm "A") (hereinafter collectively referred to as "OWNERS") and MPI-2 YORKVILLE NORTH LLC, MPI-2 YORKVILLE CENTRAL LLC, and MPI-2 YORKVILLE SOUTH I LLC (hereinafter collectively referred to as "DEVELOPER"), all Illinois Limited Liability Companies, and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". 1 F"70Y ugust 14, 200 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A' (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous planned unit development (PUD) known as the Grande Reserve Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD under the R-2 One-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit `B", to be developed with single-family detached, townhome, two-family, and apartment residences and a commercial area with the B3 permitted uses identified in Exhibit D10, as depicted on the Concept PUD Plan attached hereto and incorporated herein as Exhibit"C". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on October 9, 2002 and October 16, 2002. The Plan Commission concluded their deliberations on this case at their December 11, 2002 meeting. City Council conducted the public hearing on the annexation agreement on April 29, 2003. F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 2 °UCOY �s G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities and architectural controls, open spaces totaling over 352.48 acres and a carefully integrated commercial use and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. 3 n (' Th SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, and the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed.the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the Concept PUD Plan, attached hereto as Group Exhibit"C" and a detailed Concept PUD Plan Exhibits, attached hereto as Group Exhibit "D" to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the Subject Property under the R-2 One- Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with 4 laoay z?so 14, ro,201 a°5"pe-ar ne r°a ed Unit Development with single-family, townhome, duplex, and apartment residences and a commercial area as shown on the Concept PUD Plan attached hereto as Group Exhibit "C" and a detailed Concept PUD Plan, attached hereto as Group Exhibit "D". The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Concept PUD Plan (Group Exhibit"C") and detailed Concept PUD Plan Exhibits (Group Exhibit "D"). 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances,rules, and codes as set forth in Exhibit"E",Exhibit"El Exhibit "Ea" and Exhibit "B3" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("Permitted Variations"). 4. UTILITIES. EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined in Exhibit "I" (Utilities and Public Improvements) except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution along US Route 34 and Galena Road and responsibility for off-site street related improvements as outlined in Exhibit"I". In the event the CITY can not obtain the necessary off-site easements for the extension of the watermains, the DEVELOPER shall be allowed to build and operate the water system for the SUBJECT PROPERTY until such time that the CITY is able to obtain the said easements. 5 0k — FJCOY August 14, 2,003 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. 6 rx rep t - 1 B — 1 c®ptan e of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans, however in no instance shall public improvements be accepted until at least 70% of the units within the phase of development have been constructed. C. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite water main, homeowners association open space areas) in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument 7 K 9. /lace pp -- •remaining in- -ford a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said eight (8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of 8 August °A, i�Et3 —any improve - ts;b ' gs, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 8. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "G". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after 9 August JA, )0-3 °° t}re°date sf`�`greement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (1p) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Section III of Exhibit "E" attached hereto. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 9. FEES AND CHARGES. During the first eight (8) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and./or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit `T". At the expiration of this eight year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 10. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making the contributions outlined in Exhibit "Hl" and Exhibit "HY" to the Yorkville Community School District #115 ("School District'), the City of Yorkville Park Department ("Park Department') and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the SUBJECT PROPERTY in the manner provided for under this Agreement. 10 �K Augea t 14, 2003 SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit "J" and Exhibit"J 1" attached hereto. 13. MODEL HOMES PRODUCTION UNITS. SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Grande Reserve. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. 11 sa,<,�: Augusr 14 211 ? �m -lo tzeejpar 'ng shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall or Oswego Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and Developer shall have the right to operate a sales office out of the Clubhouse which shall be located north of neighborhood 12 within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling 12 OCION August 14, 20),03 unit. V S and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon`the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 15. OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 17A hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing by the owners of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include more than one neighborhood. 16. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. 13 UCOY `VI August 14, 200-1 17. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property (`Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit"K". B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 18. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. The design standards for the villas, two-family, townhome, apartment neighborhoods and commercial area are attached hereto and described in Exhibit "D5". Further, 14 �h,TCOY q1' 'V Anlust 14, 200 OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the street, or catty-corner from another like building elevation. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Section 19 of this agreement. 19. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. 15 UCOY A_1 mt 14, B. -mil ighborhood One Requirements. The minimum Homeowners Association Dues for Neighborhood One shall be no less than $150.00 per month. In addition to the terms of this agreement, said requirement for Neighborhood One shall be contained in the Covenants, Conditions and Restrictions for Neighborhood One. The Homeowners Association for Neighborhood One, shall also be required to pay for and perform all maintenance, repair and snowplowing of cul-de-sacs within said neighborhood which are private roadways. The main ring road within Neighborhood One and both access roads shall be public roads. The Homeowners Association for Neighborhood One does not have any maintenance, repair or snowplowing obligation for the public roads. C. Neighborhoods Three, Five, Six and Seven Requirements. The Homeowners Association(s) for Neighborhoods Three, Five, Six and Seven shall be required to pay for and perform all snowplowing of cul-de-sacs within said Neighborhoods, even though all roads within Neighborhoods Three, Five, Six and Seven shall be public roads. The Homeowners Association(s) for Neighborhoods Three, Five, Six and Seven does not have any snowplowing obligations for the remaining roadway areas within these neighborhoods. D. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 20. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At the OWNERS' and DEVELOPER's request, the CITY will agree to establish a special service area ("SSA") in an amount not less than $30,000,000.00 or greater than $60,000,000.00 to be utilized as a primary funding mechanism for installation of public improvements. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27-5 et se ., but which may be authorized and 16 3 m emented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY. OWNER and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established pursuant to 35 ILLS 200/27-5 et seci., the cost of which shall be included in any administrative fee associated with the special service area. 21. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Concept PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Concept PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be home by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER as stated in Exhibit I, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 17 nq giCOY 4P Aaatgust .4 200 2L CTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Grande Reserve Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. 18 UCOY lAment August 14, 2003--�- s. contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS or MPI-2 Yorkville North LLC DEVELOPER: MPI-2 Yorkville Central LLC MPI-2 Yorkville South I LLC MPI-2 Yorkville South H LLC 6880 N.Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Anthony R. Pasquinelli with copies to: Moser Enterprises, Inc. 5th Avenue Station 300 East 5th Avenue, Suite 430 Naperville,IL 60563 Attn: Art Zwemke John F. Philipchuck,Esq. Dommermuth, Brestal, Cobine&West, Ltd. 123 Water Street Naperville,IL 60566-0565 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road 19 UCOY a1fP August 14, 2003 Yorkville, 1160560 Fax: (630) 553-7575 with a copy to: Daniel J. Kramer,Esq. 1007 Al South Bridge Street Yorkville, 1160560 Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111-15.1-1,et seq., Illinois Compiled Statutes (2002 ed.). In-the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. 20 �. ®. 1 �1 August 14, 2001 H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years.,_In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois,at OWNERS and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 21 M r UCOY Au e?st 14, 2tiw.` 3v Ma orium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville- Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. 22 UCOY ;��=i f�ugnst 12, 2�+��. �'�`° °`�—IIzI"W SS W REOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MPI-2 YORKVILLE NORTH LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois un'cipal corporation By: MPI Manager,Inc. By: /// Its: anager Title: Mayor (�,� WA, Attest. Art ur C. Zjw �m/ vltsresident Title: Ci erk Dated: (/ / MPI-2 YORKVILLE CENTRAL LLC an Illinois Limited Liability Company By: MPI anager, Inc. aanager Arthur C. Zwemke,It re 'dent Dated: MPI-2 YORKVILLE SOUTH I LLC An Illinois Limited Liability Company By: MPI anager, Inc. Its: , age Arthur C. Zwee(mke It Pr ident Dated: V UCOY IP. DEVELOPERS: MPI-2 YORKVILLE NORTH LLC an Illinois Limited Liability Company By: 7hMPIM er,In c. er / Arthur C. Zwemk ,Ths lPresjhent Dated: MPI-2 YORKVILLE CENTRAL LLC an Illinois Limited Liability Company By: MPI Manager, Inc. It : M ager 0 Arthur C.Zwe e, Its P side Dated: 6 t I A Zf MPI-2 YORKVILLE SOUTH I LLC An Illinois Limited Liability Company By: MPI Man ger, Inc. M ger Arthur C. Zw Lrqke, Its Presi e P Dated: D t L I y UCO : Aug§P. LIST OF EXHIBITS EXHIBIT "A": Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT`B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT "C": Concept PUD Plan (Group Exhibit) EXHIBIT"D": Concept PUD Plan Exhibit for the SUBJECT PROPERTY(Group Exhibit) EXHIBIT"Dl": Concept Landscape and Buffering Plan EXHIBIT"D2": Concept Residential Building Elevations EXHIBIT"133": Park Exhibit EXHIBIT"D4": Bike Path Exhibit EXHIBIT"D5": Design Standards for Two-Family,Townhome, and Apartment Homes in addition to Single-Family Villas within Neighborhood One EXHIBIT"136": Common Facilities EXHIBIT"D7": Transitional Area Open Space Requirements EXHIBIT"Ds": Transitional Zoning Exhibit(Neighborhoods 2—8) EXHIBIT"D9": Transitional Area Boundary Exhibit EXHIBIT"Dlo": Illustrative Commercial Layout EXHIBIT"E": Permitted Modifications From Bulk and Density Requirements and Design Standards EXHIBIT"El": Permitted Modifications—Neighborhoods 2-19 EXHIBIT`E2": Permitted Modifications—Neighborhood 1 EXHIBIT `E3": Typical Cluster Single Family Detail EXHIBIT`E4": Identification of Requested Block Length Variances EXHIBIT"E5": Reconfiguration of Cul-de-sac in Neighborhood 18 EXHIBIT"F": Fee Schedule EXHIBIT"G": Current City Building Codes EXHIBIT"Hl": School Donation EXHIBIT"H2": Park Donation and Capital Improvement Fees EXHIBIT"113": Letter from Yorkville School District EXHIBIT"H4": Concept Park Sites EXHIBIT"r': Infrastructure Improvements EXHIBIT "IS-1": Conceptual Sanitary Sewer Plan EXHIBIT"IS-2": Conceptual Drainage Plan EXHIBIT"IS-3": Typical Neighborhood Drainage Detention Facility EXHIBIT"IS-4": Typical Neighborhood Drainage Cross-Section EXHIBIT "IS-5": Typical Neighborhood Drainage Bio-Swale EXHIBIT"IS-6": Typical Neighborhood Drainage Bio-Swale Cross-Section EXHIBIT"IS-7: Stormwater Management Criteria for Grande Reserve EXHIBIT"IW-1": Water Improvement Schedule EXHIBIT"IW-2": Conceptual Watermain Plan EXHIBIT"IW-3": Recovery Area for Galena Water Main Extension EXHIBIT"IR-la": Cost Estimates for Required Roadway Improvements for Grande Reserve EXHIBIT"IR-lb ': Cost Estimates for Upgraded Roadway Improvements Based on Existing and Future Off-Site Development GROUP EXHIBIT "IR-2"—"IR-16": Roadway Cross-Sections & Geometry EXHIBIT"J": Project Signage Table EXHIBIT"JL": Project Signage Details EXHIBIT"J27: Entry Monument Sign Concept and Entry Landscape Concept(Group Exhibit) EXHIBIT"K": Form Recapture Agreement EXHIBIT"L": Right to Farm Disclosure Statement for Final Plats G:W0bM2651401PRE_Ax" g,0711181200302:15:37 PM,6m I V PLAT OF ANNEXATION THE UNITED CITY OF YORKVILLE -F-ITT AMA.-AFAM-1-AAAAAFFAll TFITTAIT—F-IFF-F—A-AF, T A a-oT-1 nw[ , nwo FAAAM-�XOnn,°[wnm u mu°xy. 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IF O�SO 2w MMFAAFT mw».m mx . m w[m,maa. m A F-µ NC Tx SHEET OFF = ca D I "HANDKE" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER;THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 2029.92 FEET TO THE EAST LINE OF LOT 5 OF SAID SECTION 11;THENCE SOUTHERLY ALONG SAID EAST LINE 1469.90 FEET TO THE CENTERLINE OF MILL ROAD;THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1039.40 FEET TO A TRACT OF LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY TRUSTEE'S DEED RECORDED JUNE 28, 1973 AS DOCUMENT 73-3089;THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE 1062.36 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER;THENCE NORTHERLY ALONG SAID EAST LINE 1489.22 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF MILL ROAD ADJOINING SAID PARCEL. I &I V i "STEINBRECH R FARM B" North Annexation Parcel PARCEL TWO: THAT PART OF THE SOUTH HALF OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11;THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11;THENCE SOUTH 89 DEGREES 53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF.SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OP SAID SECTION 11;THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 977.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 1'5 MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINE;THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS WEST 2677.4 FEET ALONG SAID-CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY;THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11;THENCE SOUTH 0 DEGREES 52.MINUTES 0 SECONDS WEST ALONG'SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RUNNING THROUGH SECTION 11 AFORESAID AND ALSO EXCEPT THE FOLLOWING DESCRIBED PREMISES:THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14;TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: I COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE SOUTHERLY ALONG'THE WEST LINE OF SAID SECTION.14, 7.5 FEET FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST LINE OF SAID SECTION 14, 434.5 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 876 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE CENTER OF THE BRISTOL-AURORA ROAD; THENCE NORTH 8 DEGREES 28 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 212.11 FEET TO A LINE DRAWN PARALLEL WITH AND 7.5 FEET SOUTH OF AND NORMALLY DISTANT FROM THE NORTH LINE OF SAID SECTION 14;THENCE NORTH 89 DEGREES 53 MINUTES 0 SECONDS WEST ALONG SAID PARALLEL LINE 812.5 FEET TO THE POINT OF BEGINNING,AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 14,A DISTANCE OF 442.0 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (FORMERLY THE CHICAGO, BURLINGTON AND QUINCY RAILROAD);THENCE NORTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD A DISTANCE OF 876 FEET TO THE CENTERLINE OF KENNEDY ROAD FOR A POINT OF BEGINNING;THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD, A DISTANCE OF 849.68 FEET TO THE NORTH LINE OF SAID SECTION 14 BEING ALSO THE SOUTH LINE OF SAID SECTION 11;THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD,A DISTANCE OF 2419.37 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION.11,A DISTANCE OF 197.04 FEET TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN 190 FEET NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO,AND PARALLEL WITH THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE,A DISTANCE OF 3189.33 FEET TO THE SOUTH LINE OF SAID SECTION 11, BEING ALSO THE NORTH LINE OF SAID SECTION 14; THENCE CONTINUING SOUTHWESTERLY ALONG SAID PARALLEL LINE,A DISTANCE OF 107.78 FEET TO THE CENTERLINE OF KENNEDY ROAD;THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID ROAD,A DISTANCE OF 191.52 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ALSO EXCEPT FROM SAID PARCEL THAT PART LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID BURLINGTON NORTHERN RAILROAD. PARCELTHREE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 10 AND PART OF THE SOUTHWEST QUARTER OF SECTION 11,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SECTION LINE 79 FEET NORTH OF SOUTHEAST CORNER OF SAID SECTION 10 (SAID POINT BEING IN THE CENTER OF BLACKBERRY CREEK);THENCE NORTHWESTERLY ALONG THE CENTER OF SAID CREEK TO THE'NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 89 DEGREES 55 MINUTES 0 SECONDS WEST ALONG SAID NORTH LINE 239 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;THENCE NORTH 0 DEGREES 41 MINUTES 0 SECONDS EAST ALONG THE EIGHTY LINE 636.3 FEET TO THE CENTER OF THE ROAD;THENCE SOUTH 67 DEGREES 42 MINUTES 0 SECONDS EAST ALONG THE CENTERLINE OF SAID ROAD 304 FEET;THENCE SOUTH 74 DEGREES 38 MINUTES D SECONDS EAST ALONG SAID CENTERLINE 451,7 FEET; THENCE NORTH 67 DEGREES 3 MINUTES 0 SECONDS EAST ALONG SAID CENTERLINE 600.7 FEET TO A LINE DRAWN PARALLEL'WITH AND 66 FEET WEST OF,AS MEASURED AT RIGHT ANGLESTHERETO,THE SECTION LINE,THENCE-SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST 66 FEET WEST ALONG PARALLEL LINE 502.2,FEET;THENCE SOUTH 89 DEGREES 47 MINUTES 0 SECONDS EAST 393.33 FEET TO THE WEST LINE OF THE SCHOOL PROPERTY;THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST ALONG THE WEST LINE OF THE SCHOOL LOT 129.8 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11;THENCE NORTH 89 DEGREES 57 MINUTES 0 SECONDS WEST ALONG SAID SOUTH LINE 342.33 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE SOUTH O.DEGREES 52 MINUTES 0 SECONDS WEST ALONG THE SECTION LINE 1248.6 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF MILL ROAD, KENNEDY ROAD AND GALENA ROAD ADJOINING SAID PARCELS. i ' "STEINBRECHER FARM B" Central Annexation Parcel PARCEL TWO: THAT PART OF THE SOUTH HALF OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11;THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11;THENCE SOUTH 89 DEGREES 53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 11;THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TG THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 917.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 15 MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINE;THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY;THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11;THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING; EXCEPT THAT.PART OF SAID PARCEL LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. I �K i "INLAND" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11,THAT PART OF SECTION 14,AND THAT PART OF THE NORTH HALF OF SECTION 23,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF KENNEDY ROAD WITH THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY THROUGH SAID SECTION 14;THENCE NORTH 73 DEGREES 14 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE 1239.61 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE NORTH 88 DEGREES 04 MINUTES 00 SECONDS EAST,ALONG SAID NORTH LINE,610.29 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 87 DEGREES 54 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 11,A DISTANCE OF 1329.33 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER;THENCE NORTH 01 DEGREES 21 MINUTES 20 SECONDS WEST ALONG SAID WEST LINE, 511.01 FEET TO SAID SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE NORTH 73 DEGREES 14 MINUTES 21 SECONDS EAST,ALONG SAID SOUTHERLY LINE, 837.66 FEET TO THE CENTERLINE OF MILL ROAD;THENCE SOUTH 74 DEGREES 18 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 546.02 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 11;THENCE SOUTH 01 DEGREE 19 MINUTES 08 SECONDS EAST ALONG SAID EAST LINE, 556.17 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER;THENCE SOUTH 01 DEGREE 19 MINUTES O8 SECONDS EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14,A DISTANCE OF 1122.0 FEET; THENCE SOUTH 87 DEGREES 45 MINUTES 51 SECONDS WEST,438.0 FEET TO THE NORTHEAST CORNER OF LYNWOOD SUBDIVISION, EXTENSION FOUR;THENCE SOUTH 87 DEGREES 45 MINUTES 51 SECONDS WEST,ALONG THE NORTHERLY LINE OF SAID i LYNWOOD SUBDIVISION, EXTENSION FOUR, 1168.80 FEET TO THE NORTHWEST CORNER THEREOF;THENCE SOUTH 01 DEGREE 46 MINUTES 18 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSIONS FOUR AND FIVE, 1173.80 FEET TO AN IRON STAKE;THENCE SOUTH 01 DEGREE 47 MINUTES 49 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSION FIVE, 376.25 FEET TO AN IRON STAKE;THENCE SOUTH 02 DEGREES 01 MINUTES 46 SECONDS EAST ALONG THE WESTERLY LINES OF LYNWOOD SUBDIVISION, EXTENSIONS FIVE AND SIX, 1950.62 FEET TO AN IRON STAKE;THENCE SOUTH 01 DEGREE 51 MINUTES 08 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSION SIX, 879.29 FEET TO THE CENTERLINE OF U. S.ROUTE NO. 34;THENCE SOUTH 45 DEGREES 14 MINUTES 47 SECONDS WEST ALONG SAID CENTERLINE 878.60 FEET;THENCE NORTH 37 DEGREES 07 MINUTES 26 SECONDS WEST,2106.30 FEET;THENCE NORTH 47 DEGREES 17 MINUTES 26 SECONDS WEST, 1500.85 FEET TO THE CENTERLINE OF KENNEDY ROAD AND THE EASTERNMOST CORNER OF A TRACT DESCRIBED IN A QUIT CLAIM DEED TO GEORGE AND GLENNA PATTERSON, HUSBAND AND WIFE, RECORDED AS DOCUMENT NO. 72-375 ON JANUARY 25, 1972;THENCE NORTH 25 DEGREES 56 MINUTES 49 SECONDS EAST ALONG SAID CENTERLINE 236.34 FEET;THENCE NORTHEASTERLY AND NORTHERLY,A RADIUS.OF 800.0 FEET;AN ARC DISTANCE OF 419.10 FEET;THENCE NORTH 04 DEGREES 04 MINUTES 07 SECONDS WEST ALONG SAID CENTERLINE 531.06 FEET;.THENCE NORTH 05 DEGREES 06 MINUTES 07 SECONDS WEST ALONG SAID CENTERLINE 1866.0 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF ROUTE 34, KENNEDY ROAD AND MILL ROAD ADJOINING SAID PARCEL. i "KONICEK" Annexation Parcel PARCEL NO 1: THAT PART OF SECTIONS FOURTEEN (14), FIFTEEN (15)AND TWENTY-THREE (23), ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT N0..1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD), AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEL'S PARADISE LAKE UNIT NO. 1 RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST, 724.86 FEET ALONG THE CENTERLINE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094.72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46 MINUTES 24 SECONDS EAST 622.47 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1776.45 FEET TO A POINT;THENCE SOUTH 52 DEGREES 21 MINUTES 00 SECONDS WEST 1343.89 FEET TO A POINT IN THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 1778.85 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. PARCEL NO. 2: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE(23), ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO. 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD), AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEL'S PARADISE LAKE UNIT NO. 1,RECORDED AS DOCUMENT#71-215;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1778.85 FEET ALONG THE CENTERLINE OF BRISTOL ROAD FOR THE POINT OF BEGINNING;THENCE NORTH 52 DEGREES 21 MINUTES 00 SECONDS EAST 1343.89 FEET TO A POINT;THENCE SOUTH 37 DFGREES 39 MINUTES 00 SECONDS EAST 1645.23 FEET 10 A POINT IN THE CENTERLINE OF ILLINOIS ROUTE 34;THENCE SOUTH 46 DEGREES 33 MINUTES 17 SECONDS WEST 1350.80 FEET ALONG SAID CENTERLINE OF ILLINOIS ROUTE 34 TO THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 1781.63 FEET ALONG SAID CENTERLINE OF BRISTOL ROAD TO THE POINT OF BEGINNING. PARCEL NO. 3: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE (23), ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN(7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO, 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEL'S PARADISE LAKE UNIT NO. 1, RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST 724.86 FEET ALONG,THE CENTERLINE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094:72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46 MINUTES 24 SECONDS EAST.622.47 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DECREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE FOR THE POINT OF BEGINNING;THENCE CONTINUE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 551.92 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 45 DEGREES 56 MINUTES 15 SECONDS EAST 1501.96 FEET ALONG AN EXISTING FENCE LINE TO A POINT;THENCE SOUTH 35 DEGREES 48 MINUTES 56 SECONDS EAST 2104.69 FEET ALONG SAID FENCE LINE TO A POINT IN THE CENTERLINE OF ILLINOIS ROUTE 34;THENCE SOUTH 46 DEGREES 33 MINUTES 17 SECONDS WEST 65228 FEET ALONG SAID CENTERLINE TO A POINT;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 3421.68 FEET TO THE POINT OF BEGINNING. ALSO:ALL THAT PART OF ROUTE 34, KENNEDY ROAD AND BRISTOL RIDGE ROAD ADJOINING SAID PARCELS. i - "STEINBR CHER FARM A" Parcel for Zoning Map PARCEL ONE: THAT PART OF SECTIONS 15, 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT RECORDED MAY 12, 1952 AS DOCUMENT 125479; THENCE WESTERLY ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST 1303.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17 DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET;THENCE SOUTH 77 DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81 DEGREES 05 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S SUBDIVISION, 462 FEET; THENCE WESTERLY PARALLEL WITH THE CENTERLINE OF SAID ROAD 194.7 FEET TO THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED 1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15;THENCE SOUTH 0 DEGREES 55 MINUTES 0 SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88 DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36 DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET; THENCE SOUTH 39 DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE CENTERLINE OF U. S. ROUTE 34; THENCE NORTHEASTERLY ALONG SAID CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE, RIVER RIDGE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE;THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTHWESTERLY ALONG SAID CENTERLINE 1886.5 FEET TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES 0 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 69 DEGREES 10 MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT FROM SAID PARCEL THAT PART LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF STRUKEL'S PARADISE LAKE UNIT 1; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID STRUKEL'S PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF BRISTOL RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58 SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE DESCRIPTION OF THIS LINE, A DISTANCE OF 215.76 FEET; THENCE SOUTH 47 DEGREES 53 MINUTES 15 SECONDS WEST 54.82 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 445.26 FEET, HAVING A CHORD BEARING OF SOUTH 64 DEGREES 20 MINUTES 37 SECONDS WEST, A DISTANCE OF J54.19 FEET; THENCE NORTH 80 DEGREES 01 MINUTES 36 SECONDS WEST 49.79 FEET; THENCE NORTH 02 DEGREES 23 MINUTES 32 SECONDS EAST 33.60 FEET; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 31.16 FEET, HAVING A CHORD BEARING OF NORTH 46 DEGREES 51 MINUTES 02 SECONDS WEST, A DISTANCE OF 18.07 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 340.28 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 03 MINUTES 16 SECONDS WEST, A DISTANCE OF 126.72 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 442.47 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 26 MINUTES 27 SECONDS WEST, A DISTANCE OF 164.23 FEET; THENCE NORTH 53 DEGREES 57 MINUTES 04 SECONDS WEST 36.90 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 46.51 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 65.15 FEET; THENCE SOUTH 46 DEGREES 05 MINUTES 42 SECONDS WEST 122.26 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 434.59 FEET, HAVING A CHORD BEARING OF SOUTH 79 DEGREES 06 MINUTES 50 SECONDS WEST, A DISTANCE OF 298.16 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 150.96 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 13 MINUTES 36 SECONDS WEST,A DISTANCE OF 122.06 FEET; THENCE SOUTH 83 DEGREES 16 MINUTES 31 SECONDS WEST 45.04 FEET; THENCE SOUTH 71 DEGREES 30 MINUTES 59 SECONDS WEST 135.54 FEET; THENCE SOUTH 54 DEGREES 04 MINUTES 01 SECONDS WEST 46.27 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 165.37 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 12 MINUTES 25 SECONDS WEST, A DISTANCE OF 144.86 FEET; THENCE NORTH 74 DEGREES 26 MINUTES 06 SECONDS WEST 180.59 FEET; THENCE NORTH 65 DEGREES 26 MINUTES 38 SECONDS WEST 30.99 FEET; THENCE NORTH 50 DEGREES 48 MINUTES 59 SECONDS WEST 62.50 FEET; THENCE NORTH 82 DEGREES O6 MINUTES 35 SECONDS WEST 133.31 FEET; THENCE SOUTH 69 DEGREES 00 MINUTES 05 SECONDS WEST 67.58 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 188.30 FEET, HAVING A CHORD BEARING OF NORTH 89 DEGREES 37 MINUTES 05 SECONDS WEST, A DISTANCE OF 166.22 FEET; THENCE NORTH 53 DEGREES 11 MINUTES 25 SECONDS WEST 69.55 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 187.57 FEET, HAVING A CHORD BEARING OF SOUTH 73 DEGREES 52 MINUTES 21 SECONDS WEST,A DISTANCE OF 164.84 FEET; THENCE SOUTH 41 DEGREES 39 MINUTES 54 SECONDS WEST 112.92 FEET; THENCE SOUTHWESTERLY 21.13 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL, SAID POINT BEING 1,272.16 FEET NORTHWESTERLY OF THE CENTERLINE OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR THE TERMINUS OF SAID LINE. ALSO INCLUDING: ALL THAT PART OF BRISTOL RIDGE ROAD AND KENNEDY ROAD, ADJOINING SAID PARCEL, AND NOT PREVIOUSLY ANNEXED BY ANY MUNICIPALITY. I "TUCEK" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2;THENCE SOUTH 89 DEGREES 28 MINUTES 21 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 12, 99.96 FEET; THENCE SOUTH 2 DEGREES 26 MINUTES 28 SECONDS EAST 2654.27 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID.SECTION 12, 236.28 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 89 DEGREES 28 MINUTES 58 SECONDS WEST ALONG SAID SOUTH LINE 236.28 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 89 DEGREES 31 MINUTES 16 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11, 2028.27 FEET TO THE EXTENSION SOUTHERLY OF THE EASTERLY LINE OF LOT 1 OF STORYBOOK HIGHLANDS,A SUBDIVISION IN SAID SECTION 11;THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS EAST ALONG SAID EXTENDED LINE 1030.0 FEET;THENCE SOUTH 89 DEGREES 06 MINUTES 37 SECONDS EAST 239.40 FEET;THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS EAST 872.93 FEET TO THE CENTERLINE OF CANNONBALL TRAIL;THENCE NORTH 66 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTERLINE 898.31 FEET;THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 22.90.82 FEET,A DISTANCE OF 495.34 FEET;THENCE NORTH 53 DEGREES 46 MINUTES EAST ALONG SAID CENTERLINE 654.29 FEET TO THE EAST LINE OF SAID SECTION 2;THENCE SOUTH 0 DEGREES 30 MINUTES 10 SECONDS WEST ALONG SAID EAST LINE 262.54 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP Of BRISTOL, KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF GALENA ROAD ADJOING SAID PARCEL. EXCEPT THEREFROM ANY I PART PREVIOUSLY ANNEXED BY ANY MUNICIPALITY. G:Uobs@6514MPRE 2° 1w9,0711812003 0 2:1798 PM,4m �i 9 �wxaw PMw.' EF O APP Nx' ZONING MAP FOR ® THE UNITED CITY OF YORKVILLE ER o°o° .P 'KgLCIX` SONE0.3 raxm 4.1.wm[ry Yal.w m.'n-mr¢ mnaw nwn-cp xu ran.r..x Vn M 1 xrx2 u`.[n IT u,�i w w[mo pux¢,u uWVw.v[v.®ns town N' v Vuv rwr.¢ia®iy m[ VNINCANPoWIEO 1 _ VILLAGE LIMITS s"8roz`°NE�L.wnlP ` OF MONTGOMERY o 9SSf(NEL) f\G w n u fls3)30.BY(AEC ova' re f �w19u[eI,xn%nun Wvpaa mux,a m[rvwr✓aarvmxv xw w.a..wu uumavvua r[x„mer lilw aM—I wr wr�u'u'uVwwv�mmA. wry xmwsm wen-swI VT+¢m.[.rv¢sw, ¢w a, :mlwv Pmn.u»mry mm]�w wx,r uvmam l0 fi6. 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P.I.N Oxfl1E6YVON 44'' 6vB55'°TE •Sf Sv ", M)m E IIT °0 F v.6f x P P.Lrv.R.ntlJOY x ¢xm6xE �1 xmv'a•E //t]66 ' `]f�pO P.w t�d°°°'[ SI L'0,° W 12 .xwa..aarvxa — I ,w.er P.la. .r 66 wm1 4 swvs'26-E _ "[ xmw'6c' 14 7.50' / 1 616 N' Pry L ' XBA'A'19' Nu I P.LN.W�N-ID1411 U].9° uw re. u¢¢mwamex• II d S BT 11:w S el �r ENbrIG 68WRLES:avre wrio .avu ® I IS ' g T w vmx mr liw awuu ae¢w rm�Laapa E uwxuawaure�o eMeSiuLiovw�I wP II V IE, x6109b I S✓'�\ m N I°i6-)-v IT IT v �ougr 2112 1-- [ wI 5•. E6?E a3�p�. �I (u]fOi�ca r(?"'S*6Leuw I I1 I UNlryrotgUgr�m xtEn P1N.R.i6•Iro W. 1 WIM P.IN.0.t4,W6i Sg Q FTTTTILTT�TT rEU ) •[ ^AW d —xlmm��anreowlsroLSwalwE• ' Er "E�"-'P � g w ]] s� AW 1 m0'SB"f r SI�(S' I I ENd'PxglroP TINE r"F$ "f,1�ti f g F= NOT INCLUDED) x f PIti ry t t LL 6y ,Paum, b. N )m yO ,wwm 6 30NENt rarowx6r[r Q 1 PMCflaE 6� M LI — F F x ____ KONICF_1C' - 5 P.IN.°b2iMIM1 w �� L)L) -- IN----e'd� / STEINSRECHER 3 93 p ^i s W FARM A' ~ F ^ P.IN.029n $f �qn A4�6 • � PM[ELx IT xw i P � '6wl �y9 + I"o y��o- m.wrv¢ausra9 m[;Nm mrv¢r.."ay..auwm IT �4 Ne/m wx¢ 4➢XA vCx i I 9 III P.I.N.OIYYYYYi1,5, h flA 65)].13m IT �Nwa. rx.mw�mw m[ rvww.uwc a ?r Q u;a.ew oy o IT ITT m r m m I IT mgr x6 �m ro.[ [¢a¢waw.m, ro .m rw. 961EET,CF, x W W Site Data / Acre 100.00t Tete1 site vo37.31 lo3..80 perimeter Sale" R.O.w, 21,40 3.80 No IDoN c,' L+ Comm a ial 24.40 2A3 Commercial 4,}4 0,43 Open space (incl. Oat.. Parke k 5uttere)332.48 39.06 Resldentlel 822 .28 SgB6 i- 0rvee Site Density - 2.55 D.U./Ali. (2646 6X.11037.81 AbJ Residential Are. Rlous,Oe Let SIZ1 Average Let W1nm Typical RO pD gglgnb.rbam TFa Let s.e ul„ A s,. 1cL]41dth LBL]WIN tt ➢_i0 rnp 1 Single Family Vlltea VA NA NA NA 226 2 TomOmne. lo'coo NA BO R. BO Ft. 126 3 TvwotiOma. NA NA NA 246 4 Nvlth.-.ly NA NA Be NA NA 300 6 Tmrvhvmea NA NA NA NA 164 '_ -J, rLL-- e Tvrmbamee NA NA NA NA 166 '< _:Ir 7 Tmmhamae Be NA NA NA 142 �G B Two Family 10,000 NA NA NA 294 B Single Family 10,000 11,500 70 Ft. TS R. 195 10 Bingle Family 10,000 11500 70 Ft. 76 R. 54 11 Single Family 10,000 11,500 70 R. 75 Ft. By a NEIGHBORHOOD 1 12 Surgte Family 11,000 12,650 75 Ft. 00 Ft. 00 SrORYdOaK o 9iv81e Pemtly VI6ae �) 13 Single Family 11000 12.860 70 Ft. BO R. ie 50 SuED%n ENN 14 Single Family 12.000 191800 BO Ft. 05 Ft. 115 3 Is Single Family 12,000 19,060 BO R 06 Ft. BE 16 Single Family 11000 12,860 75 R, 5 F0. BB 17 Single Family, 12,000 11.000 B0 R, BS 6 R. 168 / 16 Single Family 12,000 Milan 60 R. 55 R. 52 I 18 single Family 1E,000 101000 BO FL 85 Fk 50 lk PROPOSED � TOta1 2e}6 _ --- - -----'- -'- - BLACKBERRY 'TT1 ,�Y X11' KNOLL VILLAGE ON Open Space Brankdvwn 9-Ace,T -Acml Totet VILLAGE OF __ --- - _GAA'E RG T far CSWEGO Ave.5arse a. Agree Auas xetg ga-- ✓✓✓///AA, Comm at Site 0.52 2.00 2.6E 2.62 Sel mwdte Clubhaue/Rec Area 610 6.1n 810 THE SHEPHERD Sahool Site /Perk Sitae a.20 108.61 116.31 61.28 $0.89 NA� WTHERM� CHURCH y} � A� Ste ReNere 21.158 BO 00 10268 107 56 _ _ _ " 9tormwntee NenaBement 36.11 .6 36 l2o a7 yygfq WAGNER' Total 71.41 201.07 952.40 206.05 55.53 $yl8 ^eiCC Notes _J1i gaVNa6: ROAD-. - / NSIGjIDan Par 1,AC pernneter late adjacent to existing County marlin ner,will Fens\ - heva a minimnm 25 Ft Iandecnpa buffer euemant I. edtlttlan to the ,1' _ - r.,.G.d rear yard. 12, RgILRO�� NEIGN80BHOOD C FORIRE IUETRA L tl-FssnOB PARK ANO RIDE summay J>rti� REGIONAL\). �o �� OOM BAN Y (NGTOIt wFOSlwcco MUIG-Family 300 PARK '1r T^•,hama .H 0 UP -_) TawMOaree 707 EOISON_ Twv-Family Sao \. TN.A� -M ANY - Single Family villa. 260 ON Smgl. Family 922 ,m COM.RN A Y Total 2646 I' -N R AFL OWEST uNIT l ! __-- B�duaG NHO4®ORNSOD. l-i JppN lug -- -- m,nmma Y C ..I NEIGHBORHOOD 6 �,J Pork _ ➢w`�sEfiB U�iJ'i`fEi 5.. .wnnama Ile Park / •�� jII School I OPen SPV<e 2 ��wiS swami_Y fl 'BLACKBERRY OAKS LI, H6N,sa.LE(SR:e.rswNJ SUBDIVISION - iORNERLY(BRIS70-S'TCk) LVVWOGD SUBDIVISION q BABBITT __- -� _.__ IN U 6uB. i'Ff&M BIN0. g Y . i BRICKS MS' - SUB. / .J/ _ 5 RE__. CK6ERR _ 1 BL RIPOE ( - ' -- E Blackberry Creek F\✓� �� - Caverwtler Are. NusIGP.I 0 P ark ..1 "fair m m`' e� T d, w all r /b - `. Pork � p90. {a�4Yy� V / �. . X �� /. r ✓-1, Weve.rI aR.nI 1i$-a�„b �f 31 D$' i D Wslou- a.t i i e o t y , ` m made h I %. n am.nt ./ y�geb.mooe c the ie..<le .r `�. Ne 77 Bil.t.l Rltlge Optl. j. m N.S2Xg.rRood u A IS- v � j,. 4PQ M1 sae°x< Group Exhibit "C" R.rltl.n. Jae rv.. 3300 06-20-03 MPI - Yorkville . 07-2,-03 Baal. ,•-400' 535 Plainfed Race! Concept Plan Solte E MEN LAND DESIGN, INC. o.<. os-E3-BS Willowbrook, IL 60527 GRANDE RESERVE PLANNING e LANDSCAPE ARCHITECTURE C (630) 325-4500 Yorkville, Illinois 5517 N.Cumbelaid,SteM ChieagAlL 60656.773/763-3320 .� Ph:7137633320 Rc 773.763.3325 Email: 01ord0meriiahvel g ± — ------ — — ----- — — „ » ' �.T�LL- - -- - ---- — ---- —• i ,i ?� PROPOSED z .L BLACKBERRY <m w- i I "TT- SUBDIVISION z°N j NEIGHBORHOOD 2 �. ��' VILLAGE OF j OPD Two—Family 1J ® OSWEGO UE I ENA R,/may II C� �`.�y"�•y� �g�£ THE SHEPHERD c Y - =�11 LUTHERAN CHURCH l�-r ~ Park I I NEIGHBORHOOD 5 i r �.� ,v� WAG ER L=_ Townhome I j Note NEIGHBORHOOD 4 I Detention �l`• landseaping ands SJB. . - 1I�---�'_�_ [� I i` //�l, "" perldn4) to be j _ ROAD Multi—Family ( Open ii ad maintained - 1 COMMERCIAL �� 1�\Space ;// f �, by Kok o �� Open tlB / ��..J NNEGIIBCIRHOOd� "pro"w, y . �� / Townho e/ . AI�R� � gwa . Space l Park ® ®t o , '� w = "4 11 n tion � _) � ,i- QUIN FUTURE METRA Deter) oq' Det. ` V ��_ -/ PARK AND RIDE ® / _ ��-i - ,/-/ i� � �'�, I FACIUTY c7 .° z�� RE IONAL \ << ( GOMPA� N TON ��( �� IN OSWEGO ` DISoN CN�Ai h E CREEK r ,; f \\ EA�TN /-OMPA� Municipal l Detention /\ I S UNIT W / -� Si te 1 MMON/,/ROAD C�Open '\t1 Det. CO /N RAI�R ;;' Space '. -, Q�� Detention I Two—Family \ I{ �7 .J 1514 , • .� \o t. ti �_ .�.� J i 1 I I LL_�_ I.� l- L � 5.2 �v /� BERRYWOOD LANE o o lit Open Spac Note: I /� - /Park _ V �•--�;�-t�I� _ ES CREEK °a All Cul-de-sac Islands 1 —�' -i- -••-'-^-��"" ,� IG1'I b - (including landscaping and d'I I I -� HwE$-UNIT 2 g j patking) to be owned le I'll j � �� r - o jthe City and maintained 1 - LLL �JJ1� , pace by HOA. I Det - - , pa I . r u er EIGHBORHDOD 6 r- - -- _ - z --- n So- 1 Townhome IBORHOGD 7 D 90 I Townhome Park • ys j ��'+ +rte �_ �I�� f•� �,_� _-----' ` it '�J■�t / i � 1 Iti- (r M - • �, a l�'I�� . . . . .. . . . . . . .. . r GROUP EXHIBIT "D" CONCEPT PUD PLAN FOR SUBJECT PROPERTY A. Concept PUD Plan. OWNERS and DEVELOPER have submitted to the CITY: 1. A Concept PUD Plan for the SUBJECT PROPERTY prepared by JEN Land Design, Inc., a copy of which attached hereto and made a part hereof as Grou Exhibit "C" (Concept PUD Plan). 2. Typical landscape plans for open space buffers at the perimeter of the SUBJECT PROPERTY (Prepared by JEN Land Design, Inc. ) copies of which are attached hereto as Exhibit "DI" (Typical Buffer Sections). The right-of-way and pavement sections shown in this exhibit(Dl) are for illustrative purposes only. 3. Preliminary building elevations attached hereto as Group Exhibit "D�' (Concept Residential Building Elevations). 4. A Park Exhibit showing all park lands to be dedicated to the Parks Department is attached hereto as Exhibit"D3" (Park Exhibit) 5. A Bike Path Exhibit showing all proposed bike and connecting trails attached hereto as Exhibit "D4". The CITY and DEVELOPER agree that this exhibit is conceptual and subject to final engineering. Bike paths will be kept as far from residential lot lines as possible, using a 40' setback as a guideline. In no event shall the bike paths be located closer than 10' to a residential lot line. 6. The design standards are attached hereto as Exhibit "05" (Design Standards for Two-Family, Townhome, Apartment Homes, Single-Family Villas, and Commercial Areas). 7. Common Facilities are depicted and attached hereto on Exhibit"Dn". (Common Facilities) 8. Transitional Area compliance table, attached hereto as Exhibit"D�" and Ex Transitional Zoning Exhibit attached hereto as Exhibit-D8". (Transitional Area Compliance) 9. A table of design standards for Neighborhoods 2-19 attached hereto as Exhibit "Ell" and Neighborhood 1 attached hereto as Exhibit `T2". (Design Standards) August The ConceptuUD Plan, Concept Landscape and Buffering Plan, Design Standards and Building Elev tions are collectively referred to as the Concept PUD Plans. Prior to execution of this Agreement, OWNERS and DEVELOPER have submitted the Concept PUD Plans to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Concept PUD Plans. In accordance with the development concepts set forth on the Concept PUD Plans, the SUBJECT PROPERTY shall be developed in substantial accordance with the one family, two family, townhome and multi-family residential unit concepts set forth in the design schedule depicted on Exhibits "E", "El", "Eg" and "E3" with a maximum dwelling unit count of: 999 single-family lots 290 single-family villas 350 duplex units (175 lots) 707 townhome units 300 multi-family units 2,646 total dwelling units within the 19 individual neighborhoods of the SUBJECT PROPERTY, subject to Final Plat and Final Engineering review, as defined in Paragraph B below. The CITY, OWNERS and DEVELOPER acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in Group Exhibit "C", Concept Plan, for a phase of development, as a result of the SUBJECT PROPERTY being developed in accordance with the design standards, ordinances,regulations, codes and rules referenced in this section,but in no instance shall the total maximum dwelling unit count exceed 2,646 units. Additionally, due to engineering constraints (i.e. high water tables), the CITY recognizes the need for flexibility in the final layout and design of Neighborhoods 4-8. As such, through the Concept PUD Plans 986 dwelling units are approved for Neighborhoods 4-8. The final location and mix of housing units shall be determined at the time of preliminary/final platting. Any plan for a phase of development that does not exceed the total number of dwelling units allowed in said Neighborhoods shall be deemed to be in substantial conformance with the Concept Plan. In no instance shall the total number of apartment units in Neighborhoods 4-8 exceed 300 dwelling units. The SUBJECT PROPERTY shall be developed according to the design schedule depicted on Exhibits "E", "El", "E," and 'T," and in accordance with the development concept set forth in the Concept PUD Plans, and such development shall be in full conformance with the City's Zoning Ordinance, Subdivision Regulations, Building Code, and other City ordinances, codes, rules and regulations pertaining to the development of i e W�Arugza l.zl, 'id - the SUBJE T PROPERTY as provided in Paragraph 7 (Amendments to Ordinances) of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets, sidewalks, and landscaping within, upon and serving the SUBJECT PROPERTY, also shall be in full conformance with the City's Zoning Ordinance, Subdivision Regulations, Building Code, and other City ordinances, codes,rules and regulations pertaining to the development of the SUBJECT PROPERTY, except as otherwise modified or varied pursuant to the terms of this Agreement. B. Approval of Preliminary/Final Plats and Preliminary/Final Engineering. The DEVELOPER shall be allowed to develop the SUBJECT PROPERTY in phases. The phasing of Grande Reserve will be determined by the DEVELOPER in accordance with best engineering and development practices. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats, Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development. The Preliminary/Final Plat, Preliminary/Final Landscape Plan and Preliminary/Final Engineering are referred to herein collectively as the"Final Plans". Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CITY's ordinances, codes and regulations except where otherwise amended in this agreement and substantial conformance with the Concept PUD Plans, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. Concurrent with the CITY's review of Final Plans for a Phase of Development DEVELOPER shall submit to the CITY a Declaration of Covenants, Restrictions and Easements (or similarly named document). CITY shall review a copy of the Declaration of Covenants, Restrictions and Easements ("Declaration"), which will be used by OWNERS and DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of OWNERS and DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 19 of this agreement, for the ownership, care and maintenance of the common open space areas within the SUBJECT PROPERTY and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The dormant SSA, -t P-9. as defined in PIragraph 19 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 19, to fund the cost of maintaining the Common Facilities. C. Common Facilities The Common Facilities are shown on the attached Exhibit D. Transitional Neighborhood Area. The Comprehensive Plan of the CITY designates approximately 770.9 acres of the SUBJECT PROPERTY as "Transitional Neighborhood". Under the design guidelines of the Transitional Neighborhood section of the Comprehensive Plan, approximately 21.0% of additional open space is required in order to achieve a maximum area of single family attached of 25% of the overall development within the Transitional Area at an overall density of 2.88 units to the acre, and a maximum density of single-family attached units per acre of 6 units to the acre. The CITY acknowledges that the DEVELOPER has met this requirement as demonstrated in Exhibit"D7".Exhibit"Ds" and Exhibit"Dc)". The CITY and DEVELOPER acknowledge that changes to right-of-ways and easement areas adjacent to buffer areas may be necessary dependant upon final engineering. Although these changes may reduce the width of the planned buffer area,the CITY agrees that these changes will not impact the DEVELOPER's compliance with open space requirements of the Transitional Area provided no permanent structures (except for walkways or trails) are constructed in the buffer areas. E. Mass Grading. The OWNERS and DEVELOPER shall, at their own risk,have the right,prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat,to undertake,preliminary grading work,temporary detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance.Prior to city approval of a grading plan and soil erosion plan, the DEVELOPER will submit a master utility plan, an overall stormwater management plan, a master grading plan for the central portion of the development, and a geometric plan for the central portion of the development showing individual lots and street configurations. F. Right To Farm Disclosure. OWNERS and DEVELOPER agree to include Kendall County "Right to Farm Statement"language attached hereto as Exhibit"L" on each Final Plat of Subdivision. G. Interim Uses. Interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the term of this Agreement, subject to a restoration bond. 1. All types of farming. 2. Borrow pits. 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials. Gravel mining is prohibited,however said materials may be used within the development. 5. Temporary detention. 6. Construction storage and office trailers. 7. Mass Grading 8. Nursery H. Permitted Uses for Commercial Site. All B-3 (Service Business District) permitted uses identified on Exhibit D10 shall be allowed to be developed on the commercial site located within the SUBJECT PROPERTY. GROUP EXHIBIT z= „Dl„ W� r U Q d Z�'� g z W Z El 11 r t 0 L L-L ROAD .,: .:;,;•: f +� U . N .. 30 z - 3 LANDSCAPE BUFFER r MULTI-FAMILY 3 D4 o 7t.5' ROW °� ° VARIES NEIGHBORHOOD 4 i [v q F5 o w Z � q o D+ (d 0 TYPICAL BUFFER SECTION ALONG MILL ROAD 1 a Note: o Landscape Buffer Easements shall be planted ?� a "< with 3 shade trees, 4 evergreens and 20 o shrubs per 100' of buffer. s Plan View Scale: 1"=50' north •000ao .4 ��g W 01 F- _ hi DU{" ,. g¢ � ZE Big- �Ag =� 77777. 1 .. .. CLUSTER � - SINGLE FAMILY V ... A. ROAD : . . , .... 20' Min. NEIGHBORHOOD 1 r` �i 95' OW 65' z REAR YARD W LANDSCAPE BUFFER N 0 Q 0 cw m o! w < w >° w of TYPICAL BUFFER SECTION ALONG ` GALENA ROAD E4 Note: I o e o Landscape Buffer Easements shall be planted ? with 3 shade trees, 4 evergreens and 20 q i I , ! C 8 n shrubs per 100' of buffer. ! • GRANDE '" a 2 i of � ,� � RESERVE 2 VILLAS ! Id g� •00000 Plan View Scale: 1"=50' north Z�R C3 F x • U a -t a ZUWC0 gZ ' 5A ZZ2 Z rs f n Jai r #� 0 SINGLE FAMILY � o 30' 30' Min. IGHBORHOODS w KENNEDY ROAD a LANDSCAPE BUFFER w REAR YARD 14 & 16 w x w VARIES �. co �5 TYPICAL BUFFER SECTION ALONG 0 KENNEDY ROAD � H B I � " I 20 Note: GRANDE o 0 RE ERE 0 0 Landscape Buffer Easements shall be planted SUBDIVISION ( qq NEIGHBORHQOD 16 "< with 3 shade trees, 4 evergreens and 20 ! do I I I o shrubs per 100' of buffer. - d 1 n , z 21 Ian Plan View Scale: 1"=50' north 32"dd3 s�bbr8 z F-^ ,A W� o u�� Z o ze Zola z j Wzd ■ Jail 0 .. z SINGLE FAMILY BRIS'T'OL RIDGk ROAD 3 J NEIGHBORHOODS �+ 12 & 13 o - 85' F OW - z 30' 30' Min. i - a Czj TYPICAL BUFFER SECTION ALONG BRISTOL RIDGE ROAD i 33 E i 5 x I 32 9 Note: RIVER RIDGE j a ' GRANDE REERV�E ° m ° S Landscape Buffer Easements shall be planted SUBDIVISION I I i NEIGHBORHO D 12 o with 3 shade trees, 4 evergreens and 20 a shrubs per 100' of buffer. 4 I a a n M Plan View ►�j ""d Scale: 1"=50' u north 3832 W g� =F U� Q�I} W u� d 0' 2 Z0 Z T M W Z � 4 �G� o SINGLE FAMILY U] wj NEIGHBORHOODS 30' Min. T.B.D.• I to, US ROPTE 34 C4 11 & 12 REAR YARD LANDSCAPE BUFFER stbk. 120' N to Toe - - - - 4--i of Berm O w of M C4 Z N co Qti U TYPICAL BUFFER SECTION ALONG pi US ROUTE 34 H mw r • Depth of the landscape buffer adjacent to U.S. Route 34 to be determined based I 19 I I d I o C Y y on final negotiations with IDOT regarding the location of the NW ROW line G19ANDE RESERVE I w LYNWOOD 3 2 N IG BORHOOD 111 �� o SUBDIVISION Note: x EXTENSION TWO Landscape Buffer Easements shall be planted I "01 I I vi I with 3 shade trees, 4 evergreens and 20 I I shrubs per 100' of buffer. XIJ I I sels 00 Plan View Scale: 1`-50' north STORYBOOK HIGHLANDS SUBDIVISION GRANDE RESERVE VILLAS q Q F F1a6 N , ,l . ... - ,• , G swx no- a W,to t0 m M& GM DE SAC EDSnNG HOME R.Ym SIiGM FAMILY M & . 3 FnM Vmt * - Real ap _ 100' ed F� �e ta' 31' . W Lil SetbacM ym 6 ~p K?� 3I Jaw ¢QS w¢¢ mom ' LANDSCAPE BERM BUFFER I ' � . - i ¢wsnNC xaLe - Note: , - GRANDE Landscape Buffer Easements shall be planted . . - - o RESERVE with 3-shade trees, 4 evergreens and 20 - _ - VILLAS shrubs per 100' of buffer. STORY1300 - - HIGHLANDS j \ Lj I SUBDIVISION I 38 -. -- Plan View Scale: 1"=50 a.en i n° aos) s-D0 bb N 3300 MPI Yorkville -2t- 3 - Neighborhood One/Storybook Highlands Landscape Buffer Section 09-Oe-D3 SCO1°- i-t0• 535 Plalnfleld Road Suits E aot. omits-o3 N70owbrook, IL 60527 - - GRANDE RESERVE PEN LAND DESIGN, LNG, PLANNING• LANDSCAPE ARCHITECTURE (630) 325-450D_ - Yorkville, Illinois 5517 W:0umbslwFd,Sta906 0hicayyo,IL 6065fi•7/3/]63-3320. . xe 71A7633320 Far 7/d7WJ375 Fmd. Imkod6aoaiteduet GRANDE RESERVE LYNWOOD SUBDIVISION �G HOME : Q - EYrsnNC -., vFCErgnoR - _ • _ gg' W 3b0' 3P MM. .. 66• - RAW. � Front Yard Pear Ya4 lANOSCME Rear YoM - -- �+I aO.W. - 6UFffT W> K N jW UNW 0GC� 5 ow ¢Zn aao W K ¢c2n.a 57 \ _I ' seumxRF%miwT F ./ . 14 I 96 I Nate: - - 58 - Landscape Buffer Easements shall be planted T -I with 3 shade trees, .1 evergreens and 20 —58 j 1 LYNWOOD SUBD SIGN _ _ - shrubs per 100' of buffer. - - nmm�� - ems.- Wt-- GRANDE IJHOtIOI Ss —NEIGHBO I I :.� Plan View Scale: 1°=50' Rwltlene Joe Ne. 3300 - - ofi-a3-o3 MPI — Yorkville Neighborhood Ten/Lynwood Subdivision Landscape Buffer Section o6-zo-w sul. 1^-10• 0-/-21-03 535 Plalnfldd Road Su@e E MEN LAND DESIGN, INQ 09=06-03 - om. p6-ifi-03 Willowbrook, IL 60527 GRANDE RESERVE PLANNING ^LANDSCAPE ARCHITECTURE (630) 325-4500 Yorkville. Illinois - 3517 N.CUnIbWlanb 5te906 CAI qIL d!l •771/.M 3120 - - PA:773767.3ig1 . 7717UMC°� rmm: lalmaelmanWnnd GRANDE RESERVE RIVER RIDGE SUBDIVISION , e E All 1 - MSTMG ROME _ 66' SV t6C 3a MMr: ?5' +1213- _ R.O.W. ;O F,mn Y6N R.-Yar6 tAN R E W Reer Y" BC 30I � W> r Z¢ 6 N J W �r1.J�l W prc� 3 JZW rcza aao woo- 26— I w�`�'M. GR G E RESERV RIVER SI NEI BORHOOD SUBDIVISION Note: 13 - Landscape Buffer Easements shall be planted - _ ki jlu with 3 shade trees, 4-evergreens and 20 - shrubs per 100' of buffer. --i�C - Plan View - - Scale: 1"=50' _ norM R.N.. deo Mo 3300 OB-30-03 0 r5335 I Yorkville Neighborhood 17/River Ridge Subdivision Landscape Buffer Section oe-06-0.1 sew. 3-'10- Plolnfleld Road Suite E wbmok, It 60527 GRANDE RESERVE PLANNING•LAN MENLAND C�N, INQ) 325-4500 Yorkville, Illinois 5517 N.Olmbei6n4 S%906 Ch guJL 60656.713/763-3320 - Pk 131761= Fax 7/17613775 Ooa@ jeimd6mimtNS.nd t Maintenance-Free Single Family Villas, Neighbqdm- . �iL1��1►� to M Duplex ' • 8AM is"HIM 1 t �T el g Townhome Neighborhood .a . s Townhome Neighborhoods �l/��1►� �, Li11` \'ICE � alItaF F JC- _ h m..,r Apartment • •. • • • i 1 l. _ u j 1l?"r WO Single Family Neighborhoods 9-17 I� Y j Y tM r Single Family Neighborhoods 18 & 19 r n cue -1 o . - NNLLAOEtlrtOCNM ' FTY ® Park Acres r ID A 5.10 . —i---------r------- --- 1 � -i 13 8.80 C. 5.30 D 9.88 Comunity Park E 12.00 f m Community Parka F 2.00 ! GjA H 1 .00 ! HO 1 55.53 (Regional Park)• 'I Open Total 104.81 :Ac. I space •Includes 30.46 Ac. of Floodplain I I � NEIGHBORHOOD 1DIa� ST NEIG Ye00K NEIG Famll OD Milos HIG IM SUB INS10 SION i t I ---- KLL RY ---- — — — NO J SUBD OF I OSWEGO THE Sl1EPHERD NA RI7AD -(LUTHERA9 CHURCH �PA GAIF 1 WA E _ o.i.nu 5 B. = Afk ' Open c MUmtlA =FAQ Space/ NEIG480RHOOD 3 W. ewnheme � % . Open L Space NEIGHBORHOOD 4 Detention g FUTURE METPA K Oct. MNIa+FemAy. // uEIWIBHC a PA F �ORIDE AGEY5 VAN IN.0GO (flaaEplaln) iownhome EDI50N WEALiN OM \01 on. COMMON A Is SOP`e / OR Is in GAIST GREEK° wE57 UNIT t T NEIGHBORHOOD 7 � ohome T o II AE E[ Park GATSETS� ITE2 o�lll NEIGHBORHOOD 6 N£ I I Illlmi rewnha,re y`\ •E l I cl'Il ; illl �a. I Y 'School Open - - Space II I i HOA y BLACKBERRY OAKS III, c Space HUnInAUE(We TOW I SUBDIVISION L)4WoOO SUBDIw9aN RNUARLY(ema STATIM) ort ell - anm' FCRAtm ealsra) kM6 1 '• I Aw. BLRt�ERR P�� I I 4 /open, `go okbe cr ek EMg Coneerva[on Mee ! Opole ,✓r My�C°� r° Cub "0 en SPcce 4p blmlkn I /� �oNnum wy 9EO�ai Pa / \ /Loss J EY e ressobso phnum � _ /ip Exhibit "D3' ReMNana Job No. 3300 UPI _ Yorkville Park Exhibit 06-20-03 OEN LAND DESIGN, INC 07—I6-03 scale f=500' 635 Plainfield Road Suite E ' Willowbrook, lL 60527 GRANDE RESERVE PLANNING w LANDSCAPE ARCHITECTURE aete 05-23-03 5517 N. Cumberland, Suite 906 Chicago, IL 60656 (630) 325-4500 Yorkville, Illinois Ph: 773.7613320 Fax 773.763.3325 Final: jmlmldfaaeNeduret { IIo Mdl1CCMEAY / lO I MUA�OF lcn 1r I Gpj Ope Space LR ir I � I NEIGHBORHOOD 1 p1 HIO L�4ND5 Blnele Family V111, I1OeCM ' SU INSION i J ' : I __ PROPOSED -- r BLACKBERRY i—__—__— _____—_ KNOLL SUBDIVISION VILLAGE OF OSWEGO READ nIE SHEPHERD g / GALEIA LUTHERAN CHURCH _ PO k .i WA ER� M/LL /rp Op n WMMERaAL m NEIGHBORHOOD 3 Open �' 1 ��✓ ." AILR V Space ° NEIGHBORHOOD 4 Deten4ion Q NGYIJ/FUNRE MMT MUIU-Family �i PARK AND RIDE �I NEIGHBORHOOD / ANY 'i FACILITY R PAR 9 mwnnome N COMP 6 RU GT IN.0SWEG.O ELIA WEALTH' OM uun�aRU� at,^u°n 1 oup-N Oprn o.i 0 ERN R IE Space O.Imtbn GATES CREEK W ST UNIT I NEIGHBDRHOOU 7 `` / c' • Pak WEST UT,i 2 pill °^NEIGHBORHOOD 6 L� �i— o I 21, Y Schod OPen. .. 1(�\/111111' Space I'1°s1 lJ rm �� 111 I-d;en BLACKBERRY OAKS 1 Spdc2' ° y SUBDIVISION oanuo^ HBNisxuc Ilatla mYm) 1i11 L WOOD SUBDIVISION m tQNArev enmaU. ..�. I I M M UB. s \ O � I I t BLPI GE RR nt"PO Am.. � I / I I R C Open lac.^I V BlaN yCre k ,� ��' s '/5 ac sD°ce =ewva(f°n Af MugllAptl ..� 'p 1 \ 1 ' Dn oG,°e.",r'/' ,�SPpo<° P° ^HOA �\ ww 1 / �{2at•'�' , - a.w M ` % Open' 'C Space �aJ R if Indicates ,10 Ft. Hike Trail to be provided °°'° % f by the United City of Yorkville � - Exhibit "D4' Ra-elan. .m No. 3320. MPI' — Yorkville . 06-2 03 Bike Path Exhibit MEN LAND DESIGN ING 27_00-03 wale �'=520' 535 Plainfield Road butte E r '- Dab o5-20-03 VAllowbrook, IL 60527 GRANDE RESERVE PLANNING e LANDSCAPE ARCHITECTURE i - 5517 N. Cumberiand, Suite 906 Chicago, IL 60656 c (630) --- ---- Yorkville, Illinois Pk 773.761332D Fa 7717613325 Fm l jetland0auritech.net m' m r EXHIBIT "D5" Architectural Design Standards Architectural Design Standards for Two-Family.Townhome and Apartment Homes and Single Family Villas Photographs included as Exhibit D2 are conceptual examples of building elevations that will be constructed in Grande Reserve. The OWNERS and DEVELOPER agree to adhere to any city-wide architectural control ordinances that are in place at the time of final platting for each phase of development. Additionally,the OWNERS and DEVELOPER agree to impose architectural design standards relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. These standards, which may exceed the city-wide architectural control standards, will be submitted for city review and approval prior to City Council approval of the final plat of subdivision. DEVELOPER established architectural design standards would address the following issues: Architectural Design Standard SF Villas Two-Family Townhomes -Apartments Color Schemes X X X X Deck&Patio Specifications X X X N/A Fence Specifications X X X N/A Restrictions on Accessory Bldgs. X X X N/A Restrictions on Housing Styles X X X N/A Minimum Square Footage X X X N/A Building Materials X X X X Roof Specifications X X X X Architectural Design Standards for Commercial Area All buildings located within the commercial area north of Neighborhood 5 shall be constructed 100% of brick/masonry materials on all sides. 1 Augmt 14, 2"n, . •. .IRxryWFAY �i Legend: GAj � HOA Open, Space Areas �' /I; as Note: All stormwater detention ! areas are included in the. HOA. I I NEIGHBORHOOD I `YANKS SNa.Famlly Wk.. Blkoen SUB INSION Dot. i PROPOSED _—_--__------- OLL RY N SUBDIVISION VILLAGE OF ]H i ` OSWEGO RBPD E$NEPHERD' �. A ILUIHERAN CHURCH Park GA i I i WAN _ �n en \ WNNERaAE M/�'� l5pope NEIGF#BO nemeOD 3 / \J Space Park HOOD'4 '`Detention /(NCI FMMRE METRA REGIAL NEIGHBOR. _ 11 PARK AND RIDE P K Det.. Muly-Famny � FFACILITY NT.BShaR.. B ISON CGMp �Y_ os B Ix. NECO.. �\ / LP�TM //GpNIMOM ws CAI✓'- Open i b\ E. spatt I Rin"' 0.MU.n DATES CREEK IN NEBT UNIT 1 I ,r _ NOGHBORHOW) �'' jjToNnhoma ,I NEIGHBORHOOD 6 Park NEST UMT R T°wnhorn. p I oljl . I ,I Park 1 _ School Space I i I i III HOA y iBLACKBERRY OAKS Open' I ,xwme¢(waa ryM1l SUBDIVISION Space i ..My omrr.,VAMHJ In mundv, —L WOOD 9JBdwSION - - - i I - t - I M' \` sF i _ M B. R GE � Hi 0 oc e .i• i I \ Coneehrw�ry ll°n MYek a � I' ow arDpe E - a.i Perk I - ads -------- --- / pen f SPace ok �Y Open' APO / Park' SPcee - ORB( 4 / a ♦\ 1 - � Exhibit "D B' os 20°03 sae Nc. 33DD lMIPI — Yorkville 07-i6-03 s°°,� ,•�SpD• 535 PlainReld Road S.M. E HOA Open Space Exhibit MEN LAND DESIGN, INC , Date 05-23-03 Willowbrook, IL 60527 - GRANDE RESERVE PLANNING e LANDSCAPE ARCHITECTURE (630) 325-4500 y Ph'T71763.3320b Fac 771763.3325 906 Fina jerig Am��A 6 Yorkville, Illinoiy lR GRAN1,� ESERVE - EXHIBIT "W" - TRANSITIONAL AREA COMPREHENSIVE PLAN ANALYSIS Transitional Area Description Data ----------------------------------------------------------------------------------------------------------------- ----------------- I Detention Areas 85.4 Acres 2 School Areas 12.0 Acres 3 Park Area 96.6 Acres 4 Club Area 5.1 Acres 5 Municipal Sites 2.0 Acres 6 Buffer Areas 80.0 Acres 7 Total Open Space in Transitional Area 281.0 Acres 8 Total Transitional Area 770.9 Acres 9 Proposed#Of Dwelling Units in Transitional Area 2,220 Units 12 Density Under Comprehensive Plan Requirements 0.32 Units/Acre 13 Percent of Density Under Comprehensive Plan Requirements 10.01% 14 Population Generated from Transitional Area(Per Ordinance Tables) 6,276 People 15 Divided by 1,000 - 1,000 16 Open Space Factor 6.276 17 Times 10 Acres/1,000(As Required by Ordinance) 10 --------------- 18 Open Space Donation 62.8 Acres 19 Gross Open Space 281.0 Acres 20 Less Detention Area -85.4 Acres 21 Net Open Space in Transitional Area 195.6 Acres 22 Less 1/2 Open Space Donation(1/2 Cash Value Credited) -31.4 Acres ----------------- 23 Excess Open Space in Transitional Area 164.3 Acres 24 Total Acres in Transitional Area 770.9 Acres ---------------- 27 Acres Above Comprehensive Plan Requirements 1.6 Acres 28 Percent Above Comprehensive Plan Requirements 0.31% 29 Neighborhood 2 Acres @ 6 units/acre(126 Units) 24.9 Acres 30 Neighborhood 3 Acres @ 6 units/acre(245 Units) 43.2 Acres 31 Neighborhood 4 Acres @ 6 units/acre(300 Units) 50.0 Acres 32 Neighborhood 5 Acres @ 6 units/acre(164 Units) 27.3 Acres 33 Neighborhood 6 Acres @ 6 units/acre(156 Units) 26.0 Acres 34 Neighborhood 7 Acres @ 6 units/acre(142 Units) 23.7 Acres 35 Neighborhood 8 Acres @ 6 units/acre(224 Units) 38.4 Acres ---- 35 Total Attached Acres 233.5 Acres 36 Divided by Total Acres 770.9 Acres 39 Percent Under Comprehensive Plan ---------1.71% Transitional Area"Additional Open Space"Table Additional Max.Area Maxmimum Maxmimum Open within Dev.Of Overall Density of Space Single Family Density Single Family Attached Units per acre Attached Units per Acre 0% 0% 2.25 N/A 10% 10% 250 6 ' 15% 20% 3.00 6 r� 16% 22% 3.05 6 17% 24% 3.10 6 18% 26% 3.15 6 h 19% 28% 3.20 6 k 20% 30% 3.25 6 21% 32% 3.30 6 25% 40% 3.50 6 25%= 25% 3.50 8 *Row in gray is an extrapolation of the categories between 15%and 25%additional open space i, **Bolded rows are as they appear exactly in the Comprehensive Plan 0 1 i I(}, z s Total Attached Housing Area = 233.49 Ac, e r e 1 -� � . .�. a ---- ------------ - -- ' �{> PROPOSED —<t U ------ ------ -.- rQ,/. I BLACKBERRY p<� ' KNOLL 0-0 NEIGHBORHOOD 2 VILLAGE SUBDIVISION OF �Z` Two—Family ±24.94 Ac. OSWEGO Z�,E� zu zz RbAD THE SHEPHERD �� ¢" � .. LUTHERAN. CHURCH NEIGHBORHOOD S WA NER _ �% Townhome S B — �— _ �f ±43.20 Ac. �_--� _ MILL�ROQD Open COMMERCIAL /` Space % / �E2 :-'cat ct4 2 NEIGHBORHOOD 4 �A q QUI FUTURE METRA o nn "o Multi—Family N PARK . AND RIDE / \\\ ±50.00 Ac. REGIONAL (t36.80 Ac. North) i/COMPAQ BV �_� FACILITY rn NEIGHBORHOOD 5 N. oswEGO PPRK� Townhome i/EDISQNi. G1 C j AG F (27.30 Ac. - IN AL Open COMpA - 111 CpMm- R%IL Space OA Multi-Family i O NO ER (±13.2 Ac: South) ql------ --��-- — o lV GATES .CREEK a i ,5 �LjNGT - WEST UNIT 1 y; m-� NEIGHBORHOOD 7 eERRrw000 LANE a Townhome NEIGHBORHOOD 8 ±23.70 Ac. Two—Family ±38.35 Ac. 8 C s GATES CREEK NEIGHBORHOOD 8 Park T WEST UNIT 2 0 l Townhome 1_ E ±26.00 Ao. Open I '` J _ , �, \,, J Sp ace i t. A b u er Ea e enf _1 V w l � �� - I �I'I J r I �iiiU;L1.r.Y 14, J (( Park �-1- I School �� 1-- I VTI�/ P i , Iv O NWZ'aF 0 MdaMRYO �l ' I ROAD P HOA m Open space If F . NEIGHBORHOOD , an _ SM no0K I Single Family V11149 �Sq.0 HIG LANDS $UB INSKIN i 1. ' C °-' OPOSED ----___—__—__----- - BLACKBERRY r / ' KNOLL �LI YILLAI ES OF 1 / OSWEGO ITHE SHEPHERD pJAD IWTIERAN CHUM Park ' 1 I _ 'WA NE � ow.ue„ i S B. _ _ M/CL - Open I cama+aeL _ ROgp \Spac� NEIGHBORHOOD 3 / TvwnName -W /�;�. . Open Park ` �rkGYI NNRE MEIPA' \lit Space NEIGHBORHOOD 4 Detention / Mulll-Famlly PARK AND RIDE DeF.' FACIUTY 'I NEIGxeaRHDDD O ANY IN,DSWEGP' . REPARK� N\� iownhome pjSON anne, p\\\ E w£er g. tmt 1. COMMON,A£AL7H .S..e - _ wl.nem GAWS NTEK� EyT j r l NEIGHBORHOOD i L/i i II Park v TFAIR NEIGHBORHOOD 6 Lr al I 1 ' T I i e Park I Schaal . 'I pen - SOpace r I j 'Open Space i iBLACKBERRY OAKS . SUBDIVISION a M1wlNP - L NroOD SU601NSION j AmnAW(Me FUIKALY(&QRfCL Si/.IMW) I (N AtF➢aMS*a) =\ ' Jr�� " I BLq ERR PD I _•� � II � I y b /Open ' /Space \ \ Camerhwlnn Area u.s MPoI ./ ^� / gK ox ' CIOUE a $paces Il J� � p.t�am r -61, G Open Park' (! \ I. w..Spa a. S IV151 \ PIVIJ \ qlgx.um \ /�\ \ - i M&Jan \ \ Exhibit "D9' R...iane - Jeb N.. 3300 MPI _ Yorkville Transitional Area 06-20-03 0EN LAND DESIGN, INC Saa1e. ,•=Soo• 535 Plainfield Road Suite E Boundary Exhibit ,PLANNING w LANDSCAPE ARCHITECTURE Willowbrook, IL 60527 Chicago, �055B Dole 05-23-03 GRANDE .RESERVE 5517 N. Cumberland, Suite 906 Chic o, _ (630) 325-4500 Yorkvilld, Illinois - Ph: 7147633320 Fax 773.763.3325 E1pA 01mdl ar EXHIBIT D10 Zwpm �� Z=M mss (9��. LY < LU_E Note: a AD_ ,- 1 1 All uses permitted in the B3 district shall be Z�fr� '_r ^ RO allowed to be developed on the commercial - - �ZF site except as follows: outdoor building g 9 g material sales or storage, golf driving range.. Z Z a kennel, recreational vehicle sales and service, Eg sports arena, taxicab garage, crematorium and ¢i tz'] ,I substation. n N - I b - 1 C a ' O �{ j Vacant Total Commercial Parcel � k4 (Net of Road R.O.W.) , t4.5 Ac. �. .� �. . 1 Property 0 WAGNER I A SUB. MILL I V ___ - — i, L. ROAD MILL 0 a o o { 3d o M � M �I I OD 5, _ 0 4 • 4 1._'�` � �. ice_.. - _ Regional , , � � Open Space Two—Family Park Entry '� I 1 'deW.t°`� Detention /' 1 EXHIBIT "E" PERMITTED MODIFICATIONS FROM BULK AND DENSITY REQUIREMENTS AND DESIGN STANDARDS I. Permitted Modifications to Zoning Ordinance: All modifications to the Zoning Ordinance are outlined on Exhibit"El" (Neighborhoods 2-19) and Exhibits "Eg" and"E33' (Neighborhood 1). II. Permitted Modifications to Subdivision Ordinance: Right-of-way widths and sidewalks per typical cross sections as identified in Exhibits IR 2- IR 16. Block lengths in excess of 1,320' for Neighborhoods 9, 10, 11, 13, 15 as depicted in Exhibit E4 and described below: Neighborhood Block Max.Block No. of Lots Based Requested No. of Lots Length per on Typical Lot Block Length Planned Based Code Width on Variance 9 A 1320' 35 1950' 43 9 B 1320' 35 1520' 34 10 C 1320' 35 2160' 48 11 D 1320' 35 1850' 42 13 E 1320' 33 1840' 41 15 F 1320' 23 1990' 38 Cul-de-sac length from 600' to 740' +/- in Neighborhood 18, with a maximum of 18 homes served, as depicted in Exhibit"E5". Reduction in required right-of-way for a minor collector from 80' to 70' to allow the entrance off of U.S.Route 34 to transition from 100' right-of-way at the intersection to a 70' right-of-way. Reduction in required right-of-way from 80' to 70' for the main roadway generally located between Neighborhoods 10 and 11 and the open space/HOA Club area. Reduction in required back-to-back pavement width from 39' to 34' for this same roadway. Reduction in required right-of-way from 80' to 70' for the main roadway that runs through Neighborhood 16 adjacent to lots that back up to the school site. Reduction in required back-to-back pavement width from 39' to 34' for this same roadway. Au U fz��" s� s.. i Reduction in required right-of-way for a collector from 80' to 70' for the main roadway connecting the entrances located off of U.S. Route 34 and Bristol Ridge Road. Private cul-de-sacs in Neighborhood 1 as depicted in Exhibit E3. M3.12 curb and gutter in Neighborhood 1 as depicted on Exhibit IR-2 Stormwater Management Variances as described in Exhibit IS-7 III. Permitted Modifications to Building Code: None IV. Permitted Modifications for Signage: The provisions of the Sign and Zoning Ordinance are hereby modified as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and attached hereto and incorporated herein in Exhibits "J", "ill,, and "J2" • August 1;, EXHIBIT E1 - GRANDE RESERVE VARIANCE SCHEDULE NEIGHBORHOODS 2 - 19 R-2 Residential R-2 PUD R-2 PUD R-2 PUD R-2 Duplex R-2 PUD Required Required Minimum Lot Size 12,000 sf 12,000 sf 11,000 of 10,000 sf 15,000 sf 10,000 sf(4) Minimum Lot Width 80 ft. 80'Min/85'Typ. 77'Min/82'Typ. 71'Min/75'Typ. 100 ft 75 ft.(4) Average Lot Size -- 13,800 sf(6) 12,650 sf(6) 11,500 sf(6) --- --- Yards Front 30 ft. 30 ft, 30 ft. 30 ft. 30 ft. 30 ft. Side(Corner) 30 ft. 30 ft. 30 ft. 30 k. 30 ft. 30 k. Side(Interior) 10 ft./10%> 10 ft. 10 ft. 10 ft. 10 ft./10%> 10 ft. Rear 40 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. Neighborhoods 14,15,17, 16&19 12,13&16 9,10&11 2&8 R3 General Residence R-2 PUD R-2 PUD R-4 General Residence R-2 PUD R uired Required Yards Front 30 ft. 25 k, 25 ft. 30 ft. 25 ft. - Side(Corner) 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Perimeter 30 ft. 30 ft. 30 ft. 40 ft. 30 ft. Building to Building Building Height 2 1/2 Stories or 25 ft. 3 1/2 Stories or 35 ft.(5) 3 12 Stories or 35 ft.(5) 2 1/2 Stories or 25 ft. 3 1/2 Stories or 35 ft.(5) - �- Side to Side 20 ft. 20 ft. 20 ft. -- --- - - Side to Rear 40 ft. 40 ft.(1) 35 ft. --- --- Rear to Rear 60 ft. 60 ft.(2) 60 ft.(2) -- ---•- Front to Side 50 ft. 50 ft. 35 ft, --- -•-- Front to Front 50 ft. 50 ft. 50 k.(3) Rear to Front 100 ft. 100 ft. 50 k. --- --- Garage to Garage ---- --- 60 ft. -- ---- 15 ft. Bldg.To Parking -- --• --- —"— 30 ft. Bldg.To Bldg.(end) --- -- --- —"— Bldg.To Bldg. rear to front — - — 60 ft' _ Neighborhoods — 3 4,5,6&7 _ 4 - - - - - Notes 1.If the structures are arranged in anyway other than a parallel arrangement,a separation of 35 feet shall be allowed at the closest point between the structures as long as the average separation between the structures is 40 feet or more. 2.If the structures are arranged in any way other than a parallel arrangement,a separation of 50 feet shall be allowed at the closest point between the structures as long as the average separation between the structures is 60 feet or more. 3.If the structures are arranged in any way other than a parallel anangement,a separation of 40 feet shall be allowed at the closest point between the structures as long as the average separation between the structures is 50 feet or more. 4.The proposed variances are for two-story duplexes only. 5. As measured from the rear yard. 6. The average lot size in each single family detached neighborhood shall be 115%of all listed minimum lot sizes. i GRANDE RESERV Exhibit "E2" NEIGHBORHOOD 1 STANDARD ROADS CROSS SECTION Right of Way 60' Utility Easement 10' Total ROW and LIE 80' Radius 60' Pavement Width 24' to 28' B2 Sidewalks Both Sides Sidewalk Type Standard SETBACKS Front 20' Side Interior 7.5' Side (Corner 20' Rear 20' Rear Building to Rear Building Min. 40' "24 feet within cul-de-sac, 28 feet at stem 1. In addition to the above, no greater than 20% (58 units) should be two-story homes, while 80% (232 units) shall be a ranch product. All units shall have a master bedroom on the first floor. 2. No greater than 50% of the units shall be allowed to have three bedrooms or more. The remainder shall be 2 bedrooms or less. 3. All cul-de-sacs will be private and will be maintained by the Homeowners Association. 4. No utility shall be placed in a front yard nearer than fifteen (15) feet from a building. Sanitary and storm sewers may be placed under a sidewalk or pavement subject to final engineering. 5. Where city utilities (i.e.storm, sanitary, water) are placed between buildings, the minimum utility easement width shall be twenty (20) feet. EXHIBIT "E3" 60.0 o c a 60.0 I I I I 60. - 60.0 N Ky O CO IN V �I } �I L6 v 7.5' in M Side in in Yard n �q 0 0 20 0 20.0 Stbk. Qe ro 3 Yard CS o I ° ° I QF �o 0 ues 101.0 15.0' Min. arkin - _ �'�!- 15.0' Min. 101.0 20.0 _ Rear IYard >° o v °I tO in °m L � 129.9 _ 129.9 _ 99.9 I 99.9 20.0' p Stbk. 6 .0 0 I^ R. A. ri I n 20.0 -Rear - 20.0 Yard o d d P i't p a `v Rear 0 0 N � N � `o Yard 101.0 N V U 101.0 4 Ft. Sidewalk M\O rn a Typical Cluster Single Family Detail Scale 1"=50' Yard Standards: Front to Bldg. = 20 Ft. Min. Side (corner) = 20 Ft. Min. -X3300- MPI --YorkvillE -- Side(interior) - - =77-5 Ft. Min. 04-15-03 Cluster Detail Rear Yard = 20 Ft. Min. wJ¢6 YdlGplmv Q a 6 ROAD i GALENA © 0 ® G' ° B <B d d b b MIWLMDSr SUBDIVISION �, • / Del. an PROPOSED BLACKBERRY VVIILLLAGE OF ✓� �y� OSWEGO Ap ME sMEP11EnD `.Ll , y�/ ENA RO wMFRAAI F}NRCII \j//Park AL WA 'raMrlir R pen. cOUNDNO¢ � ROAD \Spoc��%/ �pA/pp�8 Space Park I/NI00 , , INLY RMLR�R Detention FUNRE MEM I\Det. Multi-Family _ PARN AND RII FACIUTv REGIONAL f ✓ �pMPAN Bow 1ON IN OSMEGO PARK Townh.me EOISOH NY COMMON AI TM A ��OPen1 "ptl wa r NIA/ Space ✓ H (__ N..w GATES FAEEI J WEST UNIT U L 1�! 7 rwhoul F n - w Townhom. o! e�y o I IIuN/ONgOI f �J Park ��-�L,L� NEST UNIV. IoM{ T.wnh.m. Pwk y School Open Space Open BLACKBERRY OAKS. Space 10„1, SUBDIVISION 8 wtrla L M000 SUBDIW9IXN uAnaa d Y I M ,B. N_ aMwla S '4 l ma O Open ., eI«I, G.n - s Space CRnFrvot- N« I91m NNL Park HOA uw S CIUO Space Jy `( wlMlem i ,p y L OAO � NEON POLY' / Park . .n XT V`y. NsI � '7 P/a �` Y Y�I wInII« J,r wlm' 0 r' ox `) .ply 03, 2003 11:06:00 em.Meffl :1506 Orowkla F:\CARD\2807.00\312\ElMOM\280yBLOC1t-LENCM&DWD(224) EXHIBIT NO. E4 G U D M U N �s o N BLOCK LENGTH EXHIBIT PROJECT N0. 2807.00 LEDER , LTD . DATE 7/03/03 300 PARK BOULEVARD ITASCA, ILLINOIS 60143 GRANDE RESERVE SCALE N.T.S. CONSULTING ENGINEERS YORKVILLE ILLINOIS DRAWN BY DPO , (630) 250-9595 CHECKED BY DAT © COPYRIGHT 2002 Exhibit E5 Reconfiguration of Cul-1)e-Sac in Neighborhood 18 KENNEDY ' -----�.. - ROAD - 7 ;�..... .. C? -�--T --` Lot CIO t 1 Requested variance in cul-de-sac length from 600' to 740' +/_ in N_ eighborhood 18, with a maximum of 18 homes served as depicted above. L;_",_Aa, 2 00, EXHIBIT F. GRANDE RESERVE SCHEDULE OF FEES FEE $/UNIT/ACRE Sewer City Ta -On Fee $500/unit Water Tap-On Fee up to $2,600/unit Tap-On Fee Multi-Family up to $2,200/unit School Transition Fee $3,000/unit Donation $58,000/acre Park Donation $58,000/acre Irn rovements $1,000/unit City Fees Capital Improvement Fee (varies per file protection $1,982.70 - district as detailed in Exhibit H2) $2,100/unit I EMEMKOMMEM Road Fund Road Contribution Fund $2,000/unit Engineering Inspection&Administration Fee 1.75% of Total Estimated Improvement Costs for Developer's Public Improvements $800,000 Buil ' Pemit Fee $650+$.20/sf Siren Fee $75/acre* Bristol Kendall & Oswego Fire Protection District $35 per sq.ft. of Fee for Commercial Uses commercial development 'Developer requests the ability to pay for cost of installation of sirens With the exception of the road fund, the CITY agrees to require all annexation agreements for future residential subdivisions to contain language stating that the owners of such properties shall be responsible for fees no less than those amounts specified above. The CITY shall make all reasonable efforts to establish a policy that would bind future residential annexations to a similar road fund contribution. t�uFsr.as% l�,y 20,y EXHIBIT "G" CURRENT CITY BUILDING CODES 2000 International Building Code (Ord.2003-01) with three amendments: i. Stair height and risers (Ord. 2003-08) ii. Energy Code (Ord. 2003-05) iii. Sprinklers on two or more attached residential units (Ord. 2003-008) I 1 EXHIBIT "Hl" SCHOOL CONTRIBUTION. The total land area required for contribution, based on the 2,646 dwelling units shown on Concept PUD Plan, is 86.38 acres, OWNERS and DEVELOPER shall provide- a 12 acre buildable school site to the Yorkville Community School District#115 as shown adjacent to Park D on the Concept PUD Plan (Exhibit "C"). Stormwater associated with the development of this school site will be accommodated by the DEVELOPER elsewhere in Grande Reserve. OWNERS and DEVELOPER are providing a park site (park site D as shown on Exhibit "C") immediately adjacent to the 12 acres school site referenced above. The CITY agrees that three (3) acres of park site D that are immediately adjacent to the school site shall remain as permanent open space for joint use by the Yorkville Community School District #115 and the United City of Yorkville Parks Department as park land. If the OIATN4ERS and DEVELOPER gain ownership of the Hinsdale Nursery property located to the southwest of the SUBJECT PROPERTY by January 1, 2004, the OWNERS and DEVELOPER shall also donate a minimum of 65-acres for a school campus. This land donation would be located north of Kennedy Road and west of Bristol Ridge Road and would include approximately 25 acres that is currently designated as Neighborhood 19, Park F, and adjacent Open Space/Detention on Exhibit C and 40 acres on the adjacent Hinsdale Nursery property. This land donation will be calculated at a value of$58,000.00 per acre. No further land or cash donation shall be due to the School District. If the OWNERS and DEVELOPER do not gain ownership of the Hinsdale Nursery property by January 1, 2004, OWNERS and DEVELOPER shall donate approximately 64.1 acres of land generally identified as Neighborhoods 4 and 5, Park Site B, and adjacent Open Space/Detention areas as shown on Exhibit C. This donation includes all land located south of Mill Road, east of Kennedy Road, and north of the Commonwealth Edison easement, except for that portion of land designated for commercial use and the realigned Mill Road as depicted on Exhibits C & D10. No further land or cash donation shall be due to the School District. The CITY will be notified regarding the location of the school campus in advance of the donation of the subject property. The CITY will review the site plan and engineering of school sites in advance of their construction. Attached hereto and incorporated herein as Exhibit "H3" is a letter from the Yorkville School District agreeing to said contributions. TRANSITION FEES: The DEVELOPER also agrees to pay a transition fee to the School District in the amount of $3,000.00 per unit (up to a maximum of $7,938,000 dependant upon the location of the school campus and the subsequent reduction in dwelling units). O __aad DEVELOPER further l�?K _ 1 agree that such payment will be at a rate of$1,500.00 per unit (up to $3,969,000) at the time of filing of recording of the first final plat and $1,500.00 per unit on a per building permit basis as building permits are issued. In lieu of a cash payment, the DEVELOPER may post a letter of credit (LOC) for the initial $3,969,000 or other form of surety to guarantee transition fees for the construction of a school, at the sole discretion of the DEVELOPER. The DEVELOPER shall annually reimburse the School District for lost interest on the unused portion of the LOC at a rate comparable to invested School District funds. Payment by the DEVELOPER will occur within 30 days of invoice from the School District. The deposited funds will be escrowed by the School District and may be used by the District, from time to time, upon Certification to the OWNERS, DEVELOPER, or CITY, as the case may be, that the same are needed for school purposes. The School District agrees that it will commence construction of a school on the land designated in Exhibit C at such time that 500 single family occupancy permits have been issued in Grande Reserve subject to passage of a referendum,to which the School District will seek as soon as legally permissible. No other existing or future transition fees or impact fees of any kind will apply with respect to the SUBJECT PROPERTY. ' . Augjs& , I EXHIBIT"HZ" PARK DONATION AND CAPITAL IMPROVEMENT FEES PARK DONATION The total land area required for contribution, based on the 2,646 dwelling units as shown on the Concept PUD Plan, is 73.93 acres. The OWNERS and DEVELOPER will meet this requirement with 73.93 acres of high and dry land. An additional donation of 30.88 acres will be made for park purposes for a total land donation of 104.81 acres as shown on Exhibit "D3". The timing and specifications for these donations shall be determined at the time of final engineering for each of the phases, but generally will be delivered graded and seeded by the DEVELOPER where appropriate. In addition: 1. OWNERS and DEVELOPER will provide an additional 247.67 acres of open space that includes regional open space, storm water detention areas, and neighborhood buffer areas as outlined in Group Exhibit"C". 2. The CITY hereby agrees to improve designated neighborhood park sites in accordance with the park concept plans included as Exhibit 114. Community and regional park concept plans included in H4 are intended to be illustrative of the CITY'S ultimate development plans for these parks subject to acquisition of the necessary funding and approval by City Council and the Park Board.As consideration for said improvements, OWNERS and DEVELOPER shall provide $1,000.00 for each dwelling unit for park improvements (up to a maximum of $2,646,000.00 dependant upon the location of the school campus as described in Exhibit "Hl" and any subsequent reduction in dwelling units). Individual park allocations identified below are conceptual and may be adjusted during the final engineering for each phase of development provided the total OWNER and DEVELOPER contribution does not exceed$2,646,000.00: Park Site/Amenity Amount Allocated A $120,000 B $166,000 C $120,000 D $150,000 E $210,000 F $65,000 G $120,000 H $65,000 I $1,000,000 Trail System $480,000 Design $150,000 Total $2,646,000.00 i This amount excludes the cost of mass grading, street improvements,utility improvements and seeding of the neighborhood parks and buffers. Parks will be delivered with adjacent road improvements, curbs, sidewalks, parkway trees,necessary utility stubs, drainage improvements and a cover of turf acceptable to the CITY and conveyed to the CITY within 18 months from the commencement of development for each phase.of development that a park site is located within. The timing, specifications, and costs for these improvements shall be determined at the time of final engineering for each of the phases. The DEVELOPER will collaborate with the Parks Department on the design of amenities for the parks and trails within the SUBJECT PROPERTY in accordance with the concept plans that have been attached as Exhibit D4 and Exhibit H4. The CITY shall retain final authority regarding the design of individual parks and trails as long as park improvements are substantially in conformance with the established concept plans. The DEVELOPER will be responsible for installing all park and trail improvements up to a maximum of $2,646,000. as described in the table above. Once DEVELOPER's designated funds are exhausted, additional improvements shall be the sole responsibility of the CITY. The CITY agrees that three (3) acres of park site D that are immediately adjacent to the school site shall remain as permanent open space for joint use by the Yorkville Community School District#115 and the United City of Yorkville Parks Department as park land. CITY CAPITAL IMPROVEMENT FEE A capital transition fee of $1,982.70 shall be paid to the CITY for each residential unit located within the Oswego Fire Protection District boundary. A capital transition fee of$2,100.00 shall be paid to the CITY for each residential unit located within the Bristol Kendall Fire Protection District. Unless otherwise provided in this Agreement, said development, capital improvement, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. No other existing or future capital improvement fees and/or impact fees will apply with respect to the SUBJECT PROPERTY. The CITY capital improvement fee may be used to fund public improvements or capital needs of the CITY. The distribution of this fee is summarized in the table below and further described in the text that follows. City Capital Improvement Fee—Fee Breakdown and Payment Schedule Fee Description Fee Per #of Total Fee Payment Schedule Unit Units* Fire Protection— $150.00 1,885** $282,750.00 Total fee due within 6 BKFPD months of annexation,but in advance of the issuance of any residential permit. Fire Protection— $150.00 1,885 $282,750.00 Per unit fee due BKFPD concurrent with individual building permit application. Fire Protection— $182.70. 761** $139,034.70 Per unit fee due OFPD concurrent with individual building permit application. Municipal $150.00 2,646 $396,900.00 Total fee due at the time Building Fee of annexation. Remaining City $1,650.00 2,646 $4,365,900.00 Per unit fee due Capital concurrent with individual Improvement Fee building permit applh cation. Total $1,982.70 2,646 $5,467,334.70 $2,100.00 *Total number of dwelling units to be determined at time of final platting based on school land donations described in Exhibit Hl. **Unit counts in each fire protection district are estimates and subject to change based on final determination of the Bristol Kendall and Oswego Fire Protection Districts at time of final platting for any phase of development FIRE PROTECTION DISTRICT FEE Included in the capital transition fee described above is a$300.00 per dwelling unit fire protection district fee for the Bristol Kendall Fire Protection District and a$182.70 per dwelling unit fire protection district fee for the Oswego Fire Protection District. In recognition of the need to expand fire protection capabilities in the Bristol Kendall Fire Protection District in the immediate future, the OWNERS and DEVELOPERS have agreed to alternative payment provisions for this portion of the capital transition fee. Within six months of annexation,but prior to the issuance of any residential building permit,the OWNERS and DEVELOPERS shall pay$150.00 of the required fire protection district fee for each residential unit located within the Bristol Kendall Fire Protection District for a total amount not to exceed$300,000.00 to such District. The remaining$150.00 of the required fire protection district fee for the Bristol Kendall Fire Protection District and the entire$182.70 fire protection district fee for the Oswego Fire Protection District would be paid concurrent with the building permit application for that particular residential dwelling unit. Final determination of each Fire District's boundary would ' zokc _ . . 1 be made at the time of final platting through an intergovernmental agreement between the Bristol Kendall and Oswego Fire Districts. MUNICIPAL BUILDING FEE Also included in the capital transition fee described above is a $150.00 per unit fee that will be utilized for municipal building expansion. In recognition of the City's need to expand facilities in the immediate future, the OWNERS and DEVELOPERS have agreed to alternate payment provisions for this portion of the capital transition fee. At the time of annexation, the OWNERS and DEVELOPERS shall pay$150.00 per unit to be utilized for facility expansion. ENGINEERING INSPECTION/ADNIINISTRATION FEE Recognizing the immediate impact of the development of the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall provide $250,000.00 of the required engineering review fee within sixty (60) days after execution of this Annexation Agreement. In consideration of this pre-payment of $250,000.00, the CITY shall credit OWNER and DEVELOPER $250,000.00. toward future engineering review fees. Exhibit H3 YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Parkway,Suite A,P.O. Box 579 Yorkville,TL 60560-0579 Telephone (630) 553-4382 Fax(630)553-4398 � /� YORKVILt11 HIGH SCHOOL - (�( }/)/ ) wane Frtm Rued Yoe Yoekvele,Illinois 60540 Telephone OR 553.47811 YORKVILLE MIDDLE SCHOOL July 7, 2003 Al Gems Fate Rwd- Ya,kvlEe,Blinoie 60360 _ Telephone(6301553d7B5 CIRCLE CENTER p INTERMEDIATE SCHOOL Mr.Tony Graft,City Administrator 901,Mill S1na United City of Yorkville Yorkville,Blinoie 66560 Tetephonp(630)5534318 800 Game Farm Road YORKVILLE GRADE SCHOOL Yorkville,IL 60560 101 wan Solnaneok Sm,H . Yorkville,Elinoie 60560 _ Telephone(63q 553-1090 Dear MT. Graff- BRISTOL CRAGS SCHOOL - - 73 HuntSlleet This will confirm that f have reviewed the provisions of Exhibit H to the P.O.Box lA SeivaL nw,oi.eosll - proposed Annexation Agreement for Grande Reserve Subdivision on behalf. - Te1ep" a(M 5534383 of the Yorkville Community Unit School District#115, The School district approves of the concept as contained in said Exhibit H for the provision-of school sites related to that subdivision and the payment of additional fees by the developer for the benefit of the School District. This will also further confirm that at such time as the School District is ready to commence construction of a school on one of the dedicated sites,the District will submit its preliminary site plan to the City of Yorkville for engineering review. Please let me know should you have any questions. Thank you again for the city's assistance in this matter. Sic ly, �J Dr. Thomas D. Engler Superintendent TDE/mlm CHI t nt wR' yypRh � NEIGHBORHOOD PLAYGROUNu = ^ PLAYSTRUCTURE,SWINGS,NET CLIMBER, J BENCHES&COVERED TABLE 10'BIKE TRAIL SKATE PARK lack _ sir n �• ` J1S c3. Ys- 'vs ` r, �, •� _ SOCCER FIELDS ELEMENTARY SCHOOL „� y- 6 ' BASEBALL FIELDS m SCHOOLPLAYGROUND MULIIPURPOSE'COURTS BASKETBALLA FUNNEL BALL 10'BLACKBERRY CREEK BIKE TRAIL School Park - 23.63 Acresa » w / rnureea ayavowe SCHOPPE DESIGN fSSOCIATES Mcser EmeNrises,M1,� r( DESI NASSOCU sVi Me,sc5a6:s, �"• 3000 Emt SC,Hmnre 430 W.DOR PUS P9,636)$W2501 NpN 3[n�,--n I Nq,emle.limis®510 4c+` 6YffilYL Amolu.ICmsw PAA(530189 3229 HALF-COURT BASKETBALL ; LANDSCAPE BERM &HOCKEY PLAY AREA GAZEBO .•: } ;• ' PLAYGROUND .w; DETENTION PARK SIGN w/PLANTING BED � r BASIN,!. ON-STREET PARKING cT PARKWAY TREES MULTI-PURPOSE FIELD �` , ti t BASEBALL/SOCCER/FOOTBALL 8'PARK TRAIL ' / -R` ?i + BIG WHEEL PARKING PARK BENCH SWINGS i PARK LANDSCAPING ` - yv. �. ,,.•: SHADE TREES,EVERGREENS &ORNAMENTALS LANDSCAPE BERM PLAY STRUCTURE BIG WHEEL TRACK w/STRIPMG " r n PLAYGROUND PLAN �' •• +a /�` Muma ary av � SCAanOd P nPp E A D h E SnIuGreNwAdZSmSdOPC)a I AvTg E S Ne'i-ghborhoo --P-ar- -- 5.4 Acres 90.O CIDIST I.WIC I`� &p GareFam,PE. wit voaw..erta '4 o! 'm 2'sw 11131)A9.. Naperrile,IFns W510 \.� 831i9.3•U AUftORA,2Ni5M1t FARIfii/I)F96JI1R NuT - August 14, 20033 v PARK LANDSCAPING , SHADE TREES,EVERGREENS&ORNAMENTALS SOCCER FIELD 8'PARK TRAIL 100'ZIP LINE SOCCER FIELD �• .t. PLAY STRUCTURE t, ! ADA ACCESSIBLE RAMP r WITH BERM AND WALL I PARKING LOT PAVILLION WITH RESTROOMS J, PARK SIGN SPRAY PARK MULTI-COLORED PATTERN LANDSCAPE BERM MINI SKATE PARK if 10' BLACKBERRY CREEK ~ BIKE TRAILI Cofy fuf Park _ - r,.63 Acres uarea ay orvonwe SCFLOPPE DESfGN9SSOC/AT£S Moser Eirterpnses,l� +� vlean e,mumnre me•. •Pbvni a oaa Eansm�.n t`�v`�-,'t� rmo.ar.�xa. Nqe Y,Rmis E0510 \`� sgsq�pp AETO",,WM5 PULE PH 163111 R9(r-2JRl AL2(lRA,2HIJM FAXIfiM/RAt3lZP GENERAL PARKING r I I. FAMILY PICNIC AREA PAVILION,PARKING&PLAYAREAS BLACKBERRY CREEK MINI RECREATION BUILDING r Ilk k- PARKING&RESTROOMS �•r TEAMS -ROPES COURSE :'�►' ``1 . f 8'PARKTRAIL BALLFIELD COMPLEX CONCESSIONS,LIGHTS, 1 WASHROOMS&PAVILION w •f S dike ! � � �. 1 '' 10' BLACKBERRY CREEK BIKE TRAIL .r WETLAND BUFFER AREA PRIMITIVE CAMPING 1 PICNIC AREA,FIRE CIRCLE m' FLOODPLAIN LIMITS TFe Uri dCiLy Orya".ae SCHOPPEDESIGNASSOC/ATES Mn rEMelpri a ,MC N4 /^--+un ANwa-nre mAt eiTma' Regional Park - 55:53 Acres " 30NE sSbtim r - ]000Eas[SMAwns '{�. lywbL. Afmo D'JNWA'ERPUCE PH/h3(1f R9fi-1501 N� Ntpe.Mb,Ifrcis�:HO � � gy)5gj]5p A(MORi,JL fi/15eM FARIfil01 R9!-I3lA ff EXHIBIT ff I INFRASTRUCTURE IMPROVEMENTS The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to design, construct and install at its expense, subject to the right of recovery and recapture certain on-site and off-site sanitary sewer, water system and roadway improvements (hereinafter "INFRASTRUCTURE IMPROVEMENTS"); which improvements have been requested by the CITY, but are not required under Municipal Code and which benefit the CITY and other properties. A. Sanitary Sewer Facilities. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated on Exhibit"IS-1". In consideration of the expansion and construction of the sanitary sewer mains contemplated by the DEVELOPER, the CITY agrees to reserve current sanitary sewer capacity p.e. (population equivalent) as it exists at the time the CITY executes this agreement in the CITY sanitary sewer lines both on and off-site, servicing the SUBJECT PROPERTY for the duration of this Agreement, so long as development is actually proceeding on the SUBJECT PROPERTY. In the event the development is reasonably proceeding on the SUBJECT PROPERTY, DEVELOPER shall be allowed to request an extension to said twenty (20) year reservation with the then current City Council. DEVELOPER and CITY shall continue to study methods to upgrade and provide for adequate off-site sanitary sewer transmission lines, which shall be committed to a written agreement between the parties by the time the Final Engineering and the first Final Plat of Subdivision are approved by vote of the City Council. B. Storm Water Facilities. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the SUBJECT PROPERTY as determined at the time of Final Engineering Review. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY as modified by this agreement unless ordered by a jurisdiction with authority that supercedes the CITY on this matter. The location and specifications of the infrastructure improvements for the stormwater plan are illustrated on Exhibit"IS-2 The typical neighborhood drainage detention facility is attached hereto as Exhibit "IS-3". The typical neighborhood drainage cross-section is attached hereto as Exhibit "IS-4". The typical neighborhood drainage bio-swale is attached hereto as Exhibit "IS-5". The typical neighborhood drainage bio-swale cross-section is attached hereto as Exhibit"IS-6". C. Water Facilities. The DEVELOPER shall install one (1) one and one-half million (1,500,000) gallon water tower and two wells in addition to a water treatment facility, two (2) off-site watermain extensions, and a raw watermain. This system has been oversized by 930 P.E. (at an estimated cost of $1,613.00 per P.E. or a total cost of $1,500,090) and provides critical connections to commercial areas along U.S. Route 34 and to desirable boundary expansion areas along Galena Road. Additionally, this system will help the CITY resolve radium compliance issues. The estimated construction cost of the water system is $8,879,000 (Exhibit "IWl"). In additional to construction costs outlined in Exhibit "IW-1", soft costs will also be incurred for permits, costs for obtaining easements, legal fees, and interest charges associated with these INFRASTRUCTURE IMPROVEMENTS. Actual project costs will be used in determining.the final certified cost of improvements. The DEVELOPER shall be reimbursed for the total cost of said improvements through tap fee waivers,recovery, and recapture as described below. The DEVELOPER shall be entitled to a waiver of water system tap fees in an amount up to $2,200 for each multifamily unit and $2,600 for all other residential taps in accordance with the Schedule of Fees which are depicted and attached hereto as Exhibit "F". Upon completion of the construction of the said water facilities, the CITY shall issue OWNER and DEVELOPER coupons crediting the DEVELOPER for the waiver of tap fees for three hundred (300) multifamily units and two-thousand three hundred and forty six (2,346) other residential dwelling units. The remaining cost of the water system shall be recovered/recaptured. Interest shall accrue on the costs for the benefit of the DEVELOPER at the rate of five percent (5%) per annum from the date the improvement is completed by the DEVELOPER until the costs are recovered/recaptured in full. DEVELOPER costs associated with system oversizing and the extension of the water main along U.S. Route 34 shall be recovered in conjunction with the payment of water system tap fees to the CITY. Upon receipt by the CITY of any water tap fee from properties located north of the Fox River and east of Route 47 in the new north pressure zone (except for the subject property) ,the CITY will forward the full water tap fee to the DEVELOPER. Said recovery from the CITY to the DEVELOPER will continue until the total reimbursement cost has been recovered by the DEVELOPER. DEVELOPER costs associated with the extension of the water main along Galena Road shall be recaptured based on a lineal foot distribution of project costs to affected properties shown on Exhibit IW3. In the event that affected properties annex to another municipality or are developed for uses that will not require a connection to the water line (i.e. park land) costs will �SJ( be redistributed among remaining properties. The CITY agrees to adopt a recapture agreement ordinance upon the submittal of a recapture agreement by the DEVELOPER. OWNER and DEVELOPER agree to provide access easements to the CITY to allow permanent access to both well sites that are being dedicated at Grande Reserve at the time of final platting. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the SUBJECT PROPERTY in substantial conformity with the Final Engineering to be approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon-the SUBJECT PROPERTY pursuant to the approved Final Engineering for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by OWNERS and DEVELOPER as a part of the public improvements for each Phase of Development. DEVELOPER maintains responsibility of posting a guarantee to ensure that sidewalks and parkway trees are installed in accordance with CITY requirements. E.Off-Site Street Related Improvements. The DEVELOPER accepts responsibility for perimeter intersection improvements that have identified as necessary in the Grande Reserve Traffic Impact Analysis report prepared by Metro Transportation Group for the United City of Yorkville, hereafter referred to as required improvements. Required improvements have been estimated at a total cost of $5,004,770 per Exhibit "IRla". In conjunction with required improvements necessitated by the development of Grande Reserve, the CITY has indicated a desire to upgrade certain planned improvements on perimeter roads to better serve existing and fixture traffic generated by off-site development. The CITY's desired improvements are estimated at a total cost of$11,560,530. per Exhibit"IRlb". The DEVELOPER agrees to construct improvements on Galena Road and U.S. Route 34 and to complete the design work associated with the signal at U.S. Route 34 as identified in Exhibit IRla in accordance with the schedule established below. These improvements (estimated at a cost of$1,226,720) shall be at the sole cost of the DEVELOPER. The CITY agrees to construct at a minimum the remaining required improvements detailed in Exhibit "IRla" which may be upgraded in accordance with improvements outlined in Exhibit "IRlb". The DEVELOPER agrees to contribute $3,778,050 to the CITY to cover remaining required improvements as set forth in Exhibit "IRW'. Upon approval of a road design plan by the CITY for a phase of said improvements, the DEVELOPER shall post a letter of credit in an amount equal to the estimated cost of that improvement up to a maximum of $3,778,050, which letter of credit shall be used only for improvements to Bristol Ridge Road, Kennedy Road, and Mill Road. If the CITY has not commenced construction of remaining required improverieHrg-urlawfive (5y""montu—i `'I advance of the identified completion dates below, the DEVELOPER may assume construction responsibility for these remaining improvements as specified in Exhibit "Mla" provided their total contribution in excess of constructed improvements on Galena Road and U.S. Route 34 (estimated at $1,226,720) does not exceed $3,778,050. The DEVELOPER does not accept responsibility for any improvements in excess of those specified by Exhibit 'Mla". In order to facilitate the construction of improvements along Bristol Ridge Road and Kennedy Road, the CITY may use the DEVELOPER as a construction manager for said improvements. Off-Site Street Related Improvement Schedule Unless changes are mutually agreed upon by both parties, said improvements shall be constructed in accordance with the following schedule: Scheduled Com letion Date Bristol Ridge Road Se tember 1, 2004 Kennedy Road (from Bristol Ridge Within 1 year of the issuance of 500 north to the railroad crossing) building permits within Neighborhoods 6-16, or sooner if funds within Grande Reserve's road fund are available. . Mill Road & Kennedy Road (north Within 1 year of the issuance of 500 of the railroad crossing) building permits within Neighborhoods 1,2,3,4,5, or sooner if funds within Grande Reserve's road fund are available. Kennedy Road (south of Bristol Within 1 year of the issuance of 100 Ridge) building permits southwest of Bristol Ridge (Neighborhoods 17, 18, 19) or sooner if funds within Grande Reserve's road fund are available. U.S.Route 34 September 1,2004 Galena Within 1 year of final platting of Neighborhood 1. Typical residential street cross-sections and location plans for roads with various R.O.W. and pavement widths are attached hereto as Exhibits "IR-2"—"IR-16". The DEVELOPER also agrees to contribute $2,000 per unit toward a road fund for additional perimeter roadway improvements. Said contribution shall be collected by the CITY at the time of building permit and deposited into an account at the discretion of the CITY to be used for additional future perimeter roadway improvements including those described in Exhibit IRlb. No further contribution shall be due by the OWNER and DEVELOPER for future roadway improvements. The CITY agrees to undertake all reasonable efforts to establish a roadway improvement policy requiring all future annexation agreements for future residential subdivisions to contain language stating that the owners of the property to be annexed shall contribute to a roadway improvement fund. Ct.�.:rt�• . u• . ur��rn• r •Luu•] �j � � � J n �r � : auulr• .. a � Ti r I L6 e. "a 7 u - i'• u""''v i . ■= �,y �■ ■ III: � \ 11��► ins 0 j ■N !I o ANN PIP .• %r„��►,; '�' M ij mm IN ■►1 �' .. WE1� /0 111WALM 1'� ,� �* III �j 1:1� i ��,``�*1��►�,��W�� ■ � �� ME— Ric IM sir �� e111 11 �►�� I�i�i ! ,� �� ,. • •'''j KIP 111 �� I�►�i� o`':� 1 ■ ��•��miry,►� ��1�� '' PROPOSED SANITARY SEWER EXTENSIONS BY DEVELOPER PROPOSED SANITARY EWER Y FOX j�� ►�e .� .y • N • . :� �� 00 PARK BOULEVARD ITASCA, ILLINOIS 60143 GRANDE CONSULTING �' � •� (6 30) 250-9595 • • • .ILLINOIS 1fv d�Sj�•J _ w Ns "� ■ _: � . .. , o E • �l+Pl. l�r. . � ■ ,pip r��mm►�1 C .� 'All 11 LA IS ilk JAI vim offil sm ow am got Re �. 0 �► �e - .� •. .. . yin, "s ®/moo %N�� i� .. ♦ �� TIMM 0 � E a ••••M• F • • 1 1 •'1 1 • • \ " �• , GRAPHIC SCALE ( .N FEE!I I Inch 200 !L Q \ / i ' \ I \ \ \ ` \ \ \ ( 1 1i NA E i PLAN G I TYP \ DETENT N B I ( i EDIMENT BASIN (TYP.) r ) r i i y 1 ; I Et I NOTE: THE CITY AND DEVELOPER SHALL WORK TOGETHER TO COMPLY WITH THE SPIRIT OF / 1 T THE STATE STATUE DEALING WITH BASIN SETBACKS FROM THE R.O.W. Juiy 21. 2003 ]:II:Z) Pm. AcoOVer:15.06 Owwing: F:\CA00\260).00\313\PRLLIM\ANNE%\2BWBASIN3.0W (224) TYPICAL NEIGHBORHOOD DRAINAGE EXHIBIT NO. IS-3 C- O W H E Y PROJECT NO. 2807.00 G U D M U N D S O N DETENTION FACILITY DATE 7/21 /03 L E D E R L T D 300 PARK BOULEVARD SCALE 1"=200' ITASCA, ILLINOIS 60143 GRANDE RESERVE CONSULTING ENGINEERS DRAWN BY DPO (630) 250-9595 YORKVILLE, ILLINOIS CHECKED BY DAT n COPYRIGHT 2002 HIGH WATER LEVEL (HWL) SLOPE (4:1 TO 10:1) / / V7/ / V7/ Vh/ 4' WIDE SEDIMENT BASIN LOW FLOW CHANNEL REQUIRED AT STORM SEWER z z i; DEPTH VARIES INLET & OUTLET POI TS w SEE PLAN - cr z WET PRAIRIE w¢ WET PRAIRIE PRAIRIE PLANTINGS EMERGENT PLANTINGS waa.. EMERGENT PLANTINGS PRAIRIE PLANTINGS SECTION A-A TYPICAL NATIVE PLANTING TYPE DETENTION BASIN CLEAN EDGE NATURAL F ORI TT EL MENT SHORELINE TREATMENT HIGH WATER LEVEL (HWL) 5 a 5 (MAX) /, NORMAL WATER LEVEL (NWL) (MAX) i LN N SAFETY LEDGE °j c ;,, 12• W Th-p 4543W I1 o (3- MIN) amW 5 (MAX) a (MAX) 3Z oZ o< SEDIMENTATION BASIN oa s PRAIRIE w EMERGENT PRAIRIE PLANTINGS = OPEN WATER OPEN WATER PLANTINGS PLANTINGS r�t SECTION B-B TYPICAL WET RETENTION POND Mna 19, 2003 9:24:03 am. Ace0Vw:18.08 DmV%D: is\C�\280).00\312W1EUM\ANNE%\2WMASN_S CT-01 (224) - EXHIBIT NO. IS-4 C 0 W H E Y TYPICAL NEIGHBORHOOD DRAINAGE PROJECT NO. 2807.00 L E D E R N L T D N CROSS-SECTIONS DATE 3/19/03 300 PARK BOULEVARD SCALE N.T.S. ITASCA, ILLINOIS 60143 GRANDE RESERVE DRAWN BY DPO CONSULTING ENGINEERS YORKVILLE, ILLINOIS (630) 250-9595 CHECKED BY DAT NOTES: 1. ELEVATIONS ON THIS EXHIBIT ARE CONCEPTUAL IN NATURE AND ARE SUBJECT TO REVISION AT -�� TIME OF FINAL ENGINEERING. 2. LOCATIONS OF BIO-SWALES TO BE DETERMINED. CRAPMC SCA16 C'q , iwh 12" RCP ®. b l 0 7 o eG-65J.1 F.E.j. / STORM CB F.E.S. IN 646.20 f RIM=651.25 ! ! I'_� '�Y�INV=646.70 j 7F> 53.38 f INV=647.80 1 f 6 n b b b / X _ � _ 3 o 1C RCP ® 0.50 ° 7F w . $ FG-652.8 oy 1(( P 7r" 65,,.5 In m ; STORM C9 "-7 v k J RIM=650.9 �lJ 1p Ix"' ""INV=6-4.71(0 n t b BI O— WALE— Tf=6]2.Q qd ll++yypp fists. 12" ® 0.5 RCP FG=652.4. ° 0 . f M1 1 - STORM CB Tf`=.65 - RIM=649.90 �G�-gS?,3 I F.E. u INV=646.40 t3 K INV 645.00�~� _� v F.E.S. I Y IN �rf . =645.40 o P o Ff- ri -- esc fi b b N 1 G 65 2.4, =651.y 2" RC ® _ r'_ _ 050 51 8 r 7 p� J 7 ! f � FG:-..651.3 --"'---.__•3 s "-_..� . I 4 5' WIDE b ! v r -__ PATH 1F=657.9 J ° . _-- Cl j w 1y a STORM 8 j k RIM=649. 0 J a (F_651.6 b f ry F.E.S. D6y�=�1/=644.20 F3.S w. _. W> 19. IOD3-9\520 Pm.AceJVw 15246 c:\uoo\zeo�.00\��aWRCiw\uixcxVwrsrue.Pwc(sx4) EXHIBIT NO. IS-5 C O W H E Y POTENTIAL NEIGHBORHOOD DRAINAGE PROJECT NO. 2807.00 L E D E R N L T D N BIO-SWALE DATE 3/19/03 300 PARK BOULEVARD SCALE 1m=60' ITASCA, ILLINOIS 60143 GRANDE RESERVE DRAWN BY DPO CONSULTING ENGINEERS YORKVILLE, ILLINOIS (630) 250-9595 CHECKED BY : DAT OPEN SPACE AREA SCOPE CARIES 10' (MIN.) 5' SLOPE VARIES i 2% (MAX) l POSSIBLE PATH 810-SWALE LOCATION w E(n a0 a:? aZ PRAIRIE PLANTINGS wa PRAIRIE PLANTINGS w w Z Z J r 0 O J J of � a W � MvM A 3001 5:59:11 O.m. A WVI IS.05 dwn9: r:\a \2MT..w\3f2\% \.K.\2Wn. F.DM(231) EXHIBIT NO. IS-6 C O W H E Y TYPICAL NEIGHBORHOOD DRAINAGE PROJECT NO. 2807.00 L E D E R N L T D N BIO-SWALE - CROSS-SECTION DATE 3119/03 300 PARK BOULEVARD SCALE N.T.S. ITASCA, ILLINOIS 60143 GRANDE RESERVE DRAWN BY DPO CONSULTING ENGINEERS YORKVILLE, ILLINOIS (630) 250-9595. CHECKED BY DAT nnrwninuT Onr) ) STORMWATER MANAGEMENT CRITERIA FOR GRANDE RESERVE 1. STORMWATER MANAGEMENT GOALS: A. Provide for a conservation design approach for the development, incorporating bio-swales, natural vegetation and wetland type basins which promote water quality, infiltration and runoff reduction. B. Create stormwater management systems which result in restricted release rates - -leaving-the-project-*te--less than tlieequire r relea rates -P b-- the non-riverine floodplain storage to further attenuate flows. 2. RAINFALL DATA-(TECHNICAL BULLETIN 70): Storm Frequency (Yr.) 2 10 25 100 24-Hour Rainfall (In.) 3.15 4.8 6.0 8.3 3. ALLOWABLE RELEASE RATES: Storm Frequency(Yr.) 2 25 100 Release Rate (cfs/acre) 0.04 0.08 0.15 4. COMPENSATORY STORAGE RATES: F iverine Floodplain 1.5:1 on-Riverine Floodplain 1:1 5. STORMWATER DETENTION CRITERIA: Event hydrograph methodology (IEC-1 w/SCS nmoff) will be used to model each detention basin. Where applicable, non-riverine floodplain storage will be added to the estimated detention storage to reduce the allowable release to less than the required rate of 0.15 cfs/acre for the 100-year, 24-hour rainfall of 8.3 inches. The draw down and inundation times for each basin will be estimated to determine suitable natural vegetation for the detention basin. 6. WET RETENTION BASIN GEOMETRY: Maximum side slope 5:1 Maximum bounce (NWL TO HWL) 8 ft 7. TYPICAL NATIVE PLANTING TYPE DETENTION BASIN GEOMETRY: Maximum side slope 4:1 Maximum bounce (TOE OF SLOPE TO HWL) 4 ft Minimum longitudinal slope (low flow swale) 0.20% 8. BASE FLOOD ELEVATION (B.F.E.): mar._-._• -- - The developer wil+ use the 500 year SCS flood profile for Blackberry Creek as the L base flood elevatio for stone water design purposes only. Exhibit IS-7 F:\CADD\2807.00\301\Exhibit_Strmgmt.doc EXHIBIT "IW1". GRANDE RESERVE WATER IMPROVEMENT SCHEDULE I Improvement Estimated Cost Wells Two Wells $ 1,050,000 Well House and Treatment $ 3,259,000 Raw Watermain $ 450,000 Contingencies: well development by explosives, plant controls $ 305,000 Wells Cost $ 5,064,000 Tower Tower with 1.5 Million Gallon Tank $ 1,770,000 Tower Cost $ 1,770,000 Off Site Eatenstions Galena Road Watermain $ 645,000 Route 34 Watermain and PRV Station $ 500,000 Off-Site Eatenstions Cost $ 1,145,000 Design and Engineering Engineering Design and Construction $ 820,000 I Legal Surveying $ 40,000 Soil and Material Testing $ 40,000 Design and Engineering Cost $ 900,000 Total Water Facitlity Construction Cost $ 8,879,000 TOTAL WATER FACILITY COSTS will include construction costs outlined above and soft costs associated with these facilities for permits,easements,legal fees,and interest charges. I A / . ■ I � 1 '.i��l�ly' LL..gji >. alms WN 2111111112 Air.. ! u / /.///////////////////// • / nl. N ■ u1' ■■ am all all PROPOSED TRUNK WATERMAIN INTERNAL LOOP SYSTEM ME ME FUTURE OfFSITE WATER NAM EXHIBIT NO. IW-2 . ,,,I�I■■� 11111111111 • 'f. =r ii it � �: i♦�,�♦1� �-�N __ � � �� bus►�I��I�-i i __ �,O � gee ee��e �•i••�� v•• '.: ��i�� ti'' � - i �� •� �� ;,w' �r:� � i � � 1111/I��, �• �1 �•� , • • • • 2807.00 , .TE 6/17/03 300 PARK BOULEVARD SCALE i"=i 000, ITASCA, ILLINO 60143 GRANDE RESERVE CONSULTING ENGINEERS YOILLINOIS DRAWN BY DP (630) 250-9595 CHECKED BY DA Exhibit IW-3 Recapture Area for Galena Water Main Extension WEU BRISTOL PARTOSWEGO T37N.-R.7E. KANE COUNTY Pulh J. 010 J4'Nation. 44.92 Runge Trust 45, Donald beilk in Chicago 47 a Trust at Bank Trust 102.62 Na 56.40 96.03 No.4628 bniwk Ed — If LaSalle 7 171 23 _�hufg 158.18 83.03 ich.rd A National Trust,Im Donald at Ralph T sqq t sminmel Trust No. Harold& 116833 120.33 Ella Mae R �2 136.72 alen Rosenwinkel Richard A Anita 99.53 20 31761 Yorkville, ii L.L.C. 160 Dickson Trust Q�,zo an —71 6.64.1 f 71.24 Aurora k 211 Ella Ma T Fab Blaafillop,Inc. yd LU 76. I-�Ei 0 COynfy We .�j Bank lrya, m3 f r7lisionstein- I West Sutwr ><j & Bean j � ona us(99 Mt a Carolyn CJZ .0 Tust Nc '9 683 60.6 $ nj ta ;.b,yug. Josephine %I�0 K2 G Herron of, - , 2 8 K 06 art lid. 4.74 Gail C.Fisher,eta) 3ani 193 a, lust 1z 146.34 a8onal Bank, . aue ust No.47016 203.31 is &A . Daniel L \Z 53.45 SVC' 5 F.,vii.slat Bc Goodwin 7 9.4 Water improvement recapture area for Galena Water Main Extension. 06/05/2003 14:55 FAI 16303255595 PASQUINELLI DEV GRP 18002 Exhibit IR •WHEY GOD[OUNDSON LEDER, • CONSULTING ENGINEERS - LAND SURVEYORS - NATURAL RESOURCES 300 Park Boulevard Suite 350 Itasca, Illinois 60143 I Phone(530)250-9595 Fax(630)250-9644 FILM 28D7.6D-400 � Email: INFO @cgl-hd.com DATE:0528!03 Website: http://www.cgl-ltd.com PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST FOR INITIAL BUDGET PURPOSES ONLY US RT 34, BRISTOL RIDGE,KENNEDY,MILL, AND GALENA ROAD IMPROVEMENTS ADJACENT TO GRANDE RESERVE YORKVILLE,ILLINOIS DESCRIPTION QUANTITY UM UNIT PRICE EXTENSION US RT 34 1. 34 A; NH 11112 ENTRANCE TO BRISTOL RIDGE ROAD 1 LS 457,000,00 457,00.0.00 2. EXISTING DRIVEWAY APRON MODIFICATIONS 16 EA 1,000.00 15,000.00 3. 34 S:NH 17 ENTRANCE 1 - LS 210,000.00 210,000.00 SUB•TOTAL US RT 34 $ 682,000,00 BRISTOL RIDGE ROAD 1: BR-1 : BRISTOL RIDGE NW OF KENNEDY INTERSECTION TAPER 1 LS 16,000.00 .16,000.00' 2. BR-2:BRISTOL RIDGE 36'PAVEMENT/100' R.O.W. ROADWAY SECTION B70 LF 166.00 144,420.00 3. BR-3:BRISTOL RIDGE 36'PAVEMENT 150' HALF R.O.W.ROADWAY SECTION .320 LF 145.00 46,400.00 4. SR-4:BRISTOL RIDGE NH 13&14 ENTRANCE 1. LS 35,000.00 .35,000.00 S. SR-5: BRISTOL RIDGE 3D'PAVEMENT 185' - R.O.W.ROADWAY SECTION 1,730 LF 130.00 224,900.00 6. BR-e:BRISTOL RIDGE/RT 34 INTERSECTION 1 LS 155,000.00 .155,000.00 7. EXISTING DRIVEWAY APRON MODIFICATIONS 16 EA I DOD 00 15,000.00 SUB-TOTAL BRISTOL RIDGE RD $ 636,720.00 KENNEDY ROAD . 1. K-1 : KENNEDY ROAD 30'PAVEMENT/100' R.O.W.ROADWAY SECTION 1,500 LF 161.00 241,500.00 2. K-2: KENNEDY I NH 18&19 ENTRANCE 1 LS 352,000.00 352,000.00 3. K-4: KENNEDY AT BRISTOL RIDGE INTERSECTION 1 LS 110,000.00 110,000.00 4. K-5:KENNEDY ROAD 90'PAVEMENT/60' HALF R.O.W.ROADWAY SECTION 3,700 LF 139.00 514,300.00 5. K-8:KENNEDY t NH 6&15 ENTRANCES LS 139,000.0 139,000.00 6. K-7:KENNEDY ROAD 30'PAVEMENT 1100' R.O.W.ROADWAY SECTION 1,250 LF 156.00 195,000.00 7. K-8:KENNEDY AT MILL ROAD INTERSECTION 1 LS - 244,000.00 .. 244,000.00 F:\oadd\2807,00\400\Est.Roads-Summary.XL9 S?/ _ PAGE 7 1 f .06/05/2003 14:56 FA3 15303255595 PB5QUI NELL1 UGY GKr IQf UU3 8. K-9 : KENNEDY AT GALENA ROAD INTERSECTION - 1 LS 129,000.00 129,000,00 I 9. K-RRX: KENNEDY RAILROAD CROSSING 1 LS 100,000.00 100,000.00 10. EXISTING DRIVEWAY APRON MODIFICATIONS 16 EA 1,000.00 16,000.00 SUET-TOTAL KENNEDY RD S 2,040,600,00 MILL ROAD 1. M-1 :MILL ROAD AT KENNEDY ROAD INTERSECTION 1 LS 152,000.00 152,000.00 2. M-2:MILL ROAD 30'PAVEMENT/100' . R.O.W. ROADWAY SECTION 880 LF 191.00 168,080.00 3. M3:MILL ROAD/NH 5&8 ENTRANCE 1 LS 181,000.00 181,000.00 4. M4: .MILL ROAD 30'PAVEMENT 150' HALF R.O.W.ROADWAY SECTION 1,660 LF 155,00 257,300.00 5. M-5:MILL ROAD/NH 2&4 ENTRANCE 1 LS 205,000.00 205,000.00 6. EXISTING MILL ROAD REMOVAL 1 LS 33,150,00 33,150.00 7. M-RRX: MILL ROAD RAILROAD CROSSING 1 LS 100,000.00 100,000.00 B. EXISTING DRIVEWAY APRON MODIFICATIONS 4 EA 1,000.00 4,D00.0' SUB-TOTALMILLRD $ 1,100,530.00 GALENA ROAD 1. .G-1':GALENA RD AT KENNEDY INTERSECTION 1 LS 230,000.00 230,000.00 1 G-2: GALENA RD/NH 1 PROPERTY TAPERS 1 LS 29,000.00 29,000.00 I 3. G-3; GALENA ROAD 30'PAVEMENT 150' HALF R.O.W.ROADWAY SECTION 1,310 LF 112.00 146,720,00 I 4. GA: GALENA ROAD/NH 1 ENTRANCE 1 LS 132,000.00 132,000.00 5. EXISTING DRIVEWAY APRON MODIFICATIONS 7 EA 1,000.00 7,000.00 SUB-TOTAL GALENA RD $ 544,720.00 F:\wdd\2007.00\40ONEcf.Roeda Sum wy.XLS - - PAGE 2 Exhibit IRlb Scope of Work and Engineer's Opinion of Probable Construction Costs for Grande Reserve Perimeter Roads, Yorkville, Illinois All estimated costs include 20%for engineering (10% Design, 7% Construction Observation and 3% Materials Inspection/Other) All reconstructed pavement cross sections provide for full depth bituminous concrete pavements and are briefly described as follows for each road section: See also 'attachments I=3. A. Bristol Ridge Road $2:384.730.00 3 — lane, 36' E.E. full depth bituminous pavement with 8' shoulder (4' paved, 4' aggregate) rural open ditch cross section with sidewalk on one side. B. Kennedy Road —West End to Bristol Ridge Road $1,085.310.00 3—lane, 40' B.B. full depth bituminous concrete pavement urban cross section with I. curb and gutter and sidewalks both sides. C. Kennedy Road — Bristol Ridcie Road to BNSF RR $2,532,300.00 3 — lane, 36' E.E. full depth bituminous pavement with 8' shoulder (4' paved, 4' aggregate) rural open ditch cross section with sidewalk on one side. D. Kennedy Road — BNSF RR to Mill Road $874.080.00 Transition from a 3 lane 40' B.B. full depth bituminous pavement urban cross section with curb and gutter at the BNSF RR to a 5 lane 64' B.B. urban cross section with curb and gutter and sidewalk at Mill Road. E. Kennedy Road — Mill Road to Galena Road $549,180.00 5—lane, 64' B.B.full depth bituminous concrete pavement urban cross section with curb and gutter with sidewalk on one side. F. Mill Road — Kennedy Road to east end $2.634.930.00 3—lane, 40' B.B.full depth bituminous concrete pavement urban cross section with curb and gutter and sidewalks both sides. 1 G:\PUBLIC\Yorkville\2002\YO0215 Grande Reserve(MPI)\doc\Exhibit IR-t.doc G. Traffic signals are to be provided for 5 intersections, if and as warranted. The locations are: a. U.S. Route 34 and Bristol Ridge Road b. Bristol Ridge Road and Kennedy Road c. Kennedy Road and West entrance (NH19/new school site) d. Kennedy Road and Mill Road e. Kennedy Road and Galena Road $300.000.00 each for total of $1,500,000 TOTAL ESTIMATED COST - $11,560,530.00 I GAPUBLIC\YorkvI1Ie\2002\YO0215 Grande Reserve(MPI)\doc\Exhibit IR-1.doc PERIMETER ROAD Exhibit IRlb Attachment 1 L100' PROP ISEO R.O.W. ^I 40' B-B & VARIABLE 36' & VARIABLE � 1 12' F TURN LAN£ 2% 29.------------------------ =12' -- 8 9 4 5 6 7 10 PROPOSED TYPICAL PAVEMENT CROSS SECTION GRANDE RESERVE BOTH SIDES OF ROAD URBAN — FULL RECONSTRUCTION N.T.S. _ 60' — 66' EXI51. R.O.W. — VARIABLE 4' ffi VARI LE 21' & VARIABLE 4',& VARIA SHOULD I SHOULDER 1/2•/FT 3/16"/FT 3/16•/FT 1/z• VARI_?BLE VARIABLE j VARIABLE VARIABLE f_______ ------------_------ -------- J TJ � I EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND O1 EXISTING BITUMINOUS CONCRETE SURFACE - O7 SUB—BASE GRANULAR MATERIAL, TYPE B 12" (CA-6, CRUSHED) O2 EXISTING BASE MATERIAL OB P.C.C. SIDEWALK, 5" O3O4EXISTING AGGREGATE SHOULDER COMBINATION CONCRETE CURB & GUTTER, B-6.18 BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION O9 1 MIX -D-, N70, 1 1/2" 11 BITUMINOUS MATERIALS (PRIME COAT) TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET SO © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, IL-19, N70, 7 1/2• COPYRIGHT 02003 ENGINEERING ENTERPRISES: IN G. ♦m.x:�sovcxovlwo.�ewwc wo2,w I No Engineering Enterprises,Inc. UNITED CITY OF YORKVILLE DATE JUNE 2003 Consulting Engineers Kendall County, Illinois GRANDE RESERVE PERIMETER ROADS TYPICAL URBAN CROSS SECTION pROJ. N0. Y00215 .52 Wheeler Road UNITED CITY OF YORKVILLE FULL RECONSTRUCTION FILE N0. Y0021504 Sugar Grove, Illinois 60554 630/466-9350 No. oA EMSIONS KENDALL COUNTY, ILLINOIS THREE—LANE WITH MEDIAN _ 1 p11 PERIMETER ROAD Exhibit IRIb Attachment 2 II ROADWAY R.O.W. 100' PROPOSED R.O.W. 24' TO 36' k VARIABLE 8' k VARIABLE 7I/e/FT 12' T2' 8' k VARIABLE (SHOULDER),. TURN LANE 4, (SHOULDER) OR MEDIAN �{I I/4`/FT F 4Z 11 i 4 5 6 8 IS 12 9 /0 11 13 14 PROPOSED TYPICAL PAVEMENT CROSS SECTION RURAL - FULL RECONSTRUCTION - N.T.S. 60' — 66' M.I. R.O.W. — VARIABLE 4' Y VARIA LE 21' &VARIABLE 4' & VARIA SHOULD I HWLDER 1/2°/FT 3/16-/FT 3/16'/FT 1/2' ypRl— ABLE VARIABLE _ VARIABLE VARR' T I I I \ 3 1 _V EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND O EXISTING BITUMINOUS CONCRETE SURFACE �] LEVELING BINDER (MACHINE METHOD) O2 EXISTING BASE MATERIAL OB SUB—BASE GRANULAR MATERIAL, TYPE 8 12° (CA-6, CRUSHED) O3 EXISTING AGGREGATE SHOULDER O9 BITUMINOUS SHOULDERS, SUPERPAVE, 1 1/2" ® BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 SUB—BASE GRANULAR MATERIAL, TYPE B 6- (CA-6, CRUSHED) MIX "D", N70, 1 1/2" BITUMINOUS MATERIALS (PRIME COAT) 11 AGGREGATE SHOULDERS, TYPE 8 8" (CA-6 CRUSHED) (�5 © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, Q PAVEMENT EDGE\LANE LINE STRIPE IL-19, N70, 7 1/2" 13 TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET - ® BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, 14 P.C.C. SIDEWALK, 5" IL-19, N70, 2 1/2" 15 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION COPYRIGHT©2003 ENGINEERING ENTERPRISES. INC. rnm=x:�msxmmvm:,�w.h'��wa3o. Engineering Enterprises,Inc. UNITED CITY OF YORKVILI E DATE JUNE 2223 1 1[ Consulting Engineers Kendall County, Illinois GRANDE RESERVE PERIMETER ROADS TYPICAL RURAL CROSS SECTION !,DATE NO. Y00215 52 Wheeler Road i UNITED CITY OF YORKVILLE FULL RECONSTRUCTION FILE NO. Y0021504 Sugar Grove, Illinois 60554 630/466-9350 NO. GA E —REVISIONS KENDALL COUNTY, ILLINOIS THREE-LANE WITH MEDIAN Exhibit IRIb Attachment 3 i PERIMETER ROAD 100' PROPOSED R.O.W. �I 64' B—B 60' 12' 12' 12' 12' 12' 5' I 1' TURN LANE OR I 1 PAVED MEDIAN 2E 1/4'/FT 1/4"/FT 2% ------------- ------ -.--1 9 I 4 5 6 7 10 9 11 B PROPOSED TYPICAL PAVEMENT CROSS SEC-110N URBAN - FOUR LANE W/ MEDIAN N.T.S. rL 60' - ,6 EXIST. R.O.W. - VARIABLE 1 4' k VARIA LE 21' $VARIABLE 4. VARIA E FOD SHOULOE 3/16'/FT 3/16'/FT 1/'2 YARIABLE VARIABLE VARA.r_—___— ____—__ ________ _______________________________________________________________ fifi 1 {{ fifi b 1 b 3 EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND 1D EXISTING BITUMINOUS CONCRETE SURFACE O7 SUB—BASE GRANULAR MATERIAL, TYPE B 12' (CA-6, CRUSHED) O2 EXISTING BASE MATERIAL © P.C.C. SIDEWALK, 5" O3 EXISTING AGGREGATE SHOULDER O9 COMBINATION CONCRETE CURB k GUTTER, B-6.18 BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION MIX "D", N70, 1 1/2" OS BITUMINOUS MATERIALS (PRIME COAT) 11 TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET -- / © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, IL-19, N70, 7 1/2" COPYRIGHT©2003 ENGINEERING ENTERPRISES, INC. .—Ime�ax 11 10�oev�wm IN - Engineering Enterprises,Inc. UNITED CITY of YoRKVILLE GRANDE RESERVE PERIMETER ROADS TYPICAL URBAN CROSS SECTION DAre JUNE 2003 Consulting Engineers Kendall County, Illinois PROD. No. 700215 52 Wheeler Road UNITED CITY OF YORKVILLE FULL RECONSTRUCTION IFILE NO. Y0021504 Sugar Grove, Illinois 60554 630/466-9350 No. DATE REASONS KENDALL COUNTY, ILLINOIS FOUR—LANE WITH MEDIAN II 10' 60' R.O.W. 10' I U.E. .E. I 16' 28' B-B 16 V 4' 11' 27 TYP. 2_% TYP- 3i i o COMB. C&G ° M3.12 (TYP) 72-1/2" TUMINOUS CONCRETE SURFACE COURSE 7 TUMINOUS CONCRETE BINDER COURSE 4' SIDEWALK (TYP) COURSE NOTES:1. ALL CROSS SECTION EASEMENT WIDTHS SHALL VARY AS REQUIRED BY APPROVED FINAL ENGINEERING. : L BE 2. IF EDGE SEALING HAS BEEN ;INCLUDED IN THE CITY'S PLACED BENEATH AGGREGATE BASE REQUIRED SPECIFICATIONS PRIOR TO APPROVAL OF FINAL IN NON-GRANULAR SUBGRADE AREAS. ENGINEERING, DEVELOPER AGREES TO COMPLY WITH THAT STANDARD. RESIDENTIAL STREET CROSS SECTION 160' ROW) 10' 66' R.O.W. I10' U.E. U.E. 18' 30' B-B 18 1 5' 12' I 27. TYP. 2% TYP. I 3 3 d COMB. CC&G ° 66.12 (TYP) 7 72-1/2" MINOUS CONCRETE SURFACE COURSE MINOUS CONCRETE BINDER COURSE 5' SIDEWALK (TYP) TE BASE COURSE PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. RESIDENTIAL STREET CROSS SECTION 166" ROW) 10' 100' R.O.W. 10' 20' 20' 20' 20' 20' U.E. B-B B-B 1' 5' 14' I I T6"2%TTYP. 2% 7YP.COMB. CC&G a B6.12 (TYP) OUS CONCRETE SURFACE COURSE CONCRETE BINDER COURSE TE BASE COURSE _ PAVEMENT CROSS-SECTION IS FOR ENTRANCE OFF 5' SIDEWALK (TYP) OF KENNEDY ROAD AND BRISTOL RIDGE ROAD ONLY. PAVEMENT CROSS-SECTIONS AT ALL OTHER 100' R.O.W.: ALL BE LOCATIONS ARE TO HAVE: PLACED BENEATH AGGREGATE BASE - 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE IN NON-GRANULAR SUBGRADE AREAS. - 4-1/2" BITUMINOUS CONCRETE BINDER COURSE - 12" AGGREGATE BASE COURSE RESIDENTIAL STREET CROSS SECTION OW ROW) C O W H E Y XHIBIT NO. IR-2 G U D M U N D S O N RESIDENTIAL STREET CROSS SECTIONS ROJECT NO. 2807.00 L E D E R , L T D ATE 8/04/03 300 PARK BOULEVARD N.T.S. ITASCA, ILLINOIS 60143 GRANDE RESERVE SCALE CONSULTING ENGINEERS YORKVILLE, ILLINOIS DRAWN BY DPO August 04. 2003 3:15:02 p.m. AcodVer:15.06 CHECKED BY DAT (630) 250-9595 Drowing: F:\CADD\2807.00\312\EXHIBITS\2807STREET—SECTS.DWG (224) © COPYRIGHT 2002 10' 70' R.O.W. 10' U.E. U.E. 18' 34' B-B 18 i' 5' 12' 2% TYP. 2% 7YP. 31 p COMB. CC&G �j OC B6.12 (TYP) 74-1122- BITUMINOUS CONCRETE SURFACE COURSE 7 BITUMINOUS CONCRETE BINDER COURSE 5' SIDEWALK (TYP) REGATE BASE COURSE E PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. RESIDENTIAL STREET CROSS SECTION 170' ROW) (WITH 34' BC-BC) WIDTH AS REQUIRED TO INCLUDE TRAIL/SIDEWALK ' 10' 70' R.O.W. U.E. U.E. 40' 30 20.5' 39' B-B 10.5' 1 5' 14.5' 14,5' (MINIMUM PARKWAY) 2q, TYP. 2% TYP- _0 r w r w w N U COMB. CC&G 'o ' BIKE TRAIL OR oQ 01 86.12 (TYP) ¢ SIDEWALK� 0 3 � 0 � o da 5' SIDEWALK (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 4-1/2" BITUMINOUS CONCRETE BINDER COURSE 9 12" AGGREGATE BASE COURSE --.: PAVEMENT FABRIC SHALL BE NOTES: PLACED BENEATH AGGREGATE BASE 1. ALL CROSS SECTION EASEMENT WIDTHS SHALL VARY IN NON-GRANULAR SUBGRADE AREAS. AS REQUIRED BY APPROVE FINAL ENGINEERING. 2. IF EDGE SEALING HAS BEEN INCLUDED IN THE CITY'S REQUIRED SPECIFICATIONS PRIOR TO APPROVAL OF FINAL ENGINEERING. DEVELOPER AGREES TO COMPLY WITH - THAT STANDARD. RESIDENTIAL STREET CROSS SECTION (70' ROW) (WITH 39' BC-BC) C O W HEY EXHIBIT NO. IR-3 G U D U N D S O N RESIDENTIAL STREET CROSS SECTIONS ' PROJECT NO. 2807.00 L E D E R , L T D . DATE 8/04/03 300 PARK BOULEVARD GRANDE RESERVE SCALE N.T.S. ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS August 04, 2003 3:16:07 T—S TS.DWer:(224) CHECKED BY DAT (630) 250-9595 Drawing: F:\CADD\2807.00\372\E%MiBiTS\28075TREET_SECTS.DWG (22a) © COPYRIGHT 2002 10' 66' R.O.W. 10' U.E. U.E. 18' 30' B-B 18 doll 1' 5' 12' I 27 TYP. 2% TYP. 3 3 o COMB. CC&G 86.12 (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 7 4-1/2" BITUMINOUS CONCRETE BINDER COURSE a�.k. 5' SIDEWALK (TYP) 12" AGGREGATE BASE COURSE PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. Spoce1!/_. rk nOA Club Wzw �c� RESIDENTIAL STREET CROSS SECTION (66' ROW AND 30' Bq-BC) (THROUGH NEIGHBORHOOD 14 & 15 ONLY, REFER TO MAP) L 10' 80' R.O.W. 10' I U.E. U.E. I 20.5' 39' B-B 20.5'�dell 1' 5' 14.5' I I 27- TYP. 2% TYP. 3 3 o COMB. CC&G x 86.12 (TYP) 7PAIVEIMENTFABRIC BITUMINOUS CONCRETE SURFACE COURSE BITUMINOUS CONCRETE BINDER COURSE 5' SIDEWALK (TYP) REGATE BASE COURSE E PLACED BENEATH AGGRE GATE BASE NOTES: IN NON-GRANULAR SUBGRADE AREAS. 1. ALL CROSS SECTION EASEMENT WIDTHS SHALL VARY AS REQUIRED BY APPROVED FINAL ENGINEERING. 2. IF EDGE SEALING HAS BEEN'INCLUDED IN THE CITY'S REQUIRED SPECIFICATIONS PRIOR TO APPROVAL OF FINAL ENGINEERING, DEVELOPER AGREES TO COMPLY WITH THAT STANDARD. RESIDENTIAL STREET CROSS SECTION (80' ROW) (WITH 39' BC-BC) C 0 W H E Y EXHIBIT NO. IR-4 G U D M U N D S O N RESIDENTIAL STREET CROSS SECTIONS PROJECT NO. 2807.00 L° E- D E -R L T D DATE 8/04/03 300 PARK BOULEVARD GRANDE RESERVE SCALE N.T.S. ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS August Oa, 2003 3:13:06 p.m. TS.DWer:(224) CHECKED BY PAT (630) 250-9595 Drawing: F:\CADD\2807.00\3t2\E%H181T5\28075TREET_SECTS.DWG (224) © COPYRIGHT 2002 f •w ' A A.ry F115 n + Au C IC�quy g-i W rlS:.. •YI Li Fi�;,y�� a �n -• a AM Qh v oil III � ME lii■ I,■1, 1' .alb .. � d► �3 I� �� sI � ��,a ■■ �.� �� . -_ -�� = m IBM an No low m 'low we 1 ►♦ a♦1/ 11 .1► .41 • W*�♦i 11111 ■1♦� ,sale M, � k.► • Mp i. N� PROPOSED 66 FT R.O.W. LOCATION • LOCATION PLAN FOR ROADS : : R.O.W. SCALE 1N=1000,. GRANDE RESERVE i DRAWN BY DPO 1 1 • ILLINOIS C r`.r .. t� ^rflr^ v WTI ,r."PUNIIL''•u•®r. '1. f�.n'.i i•'f w. ME ME NONNI MENOMONEE ON No all ml Vd ME wal on so SIMON IF pro �� I t NI ►I � ■ � � �i� %, �� • 1► III ■ 1\�► ,,,��I ►1111111.�� ., �\�FISI3flQ�_ ' Y ♦ �i �, . / �� ' raj, :� �� I�I�►�� ME 1�>4 LEGEND: PROPOSED 60 FT OM LOCA"Il w . ROADS : . 11 QUDMUNDSON PROJECT NO.' ll PARK BOULEVARD MMOIS 60143 GRANDE 111 1 1 YORKVILLE, DAT w w!• 1°y � yw PV mow) yv.. \d•� �� fl j4"_ ~ `'= ±� !Lu . II ► � 1 1 �� n r ►� �;� o1111111111� MINOR=s�as�-� a ism all Eli as ' �j �� ♦ �o �a as ► ^ 'ice ® ��i � MIN WE NO WE RtTA inter�i, /� � Om SED 70 FT LOCATION /B PAVEMENT) COWHEY LOCATION PLAK FOR ROADS WITH QUIDMUNDSON �� Off"„ ''i iii♦��i ♦♦ � ��►� , �' /. /� .� ♦ ♦ ems. ,, .. , 00 PARK :O . .0 SCALE HJJINOIS 60143 GRANDE RESERVE CONSULTING i :aa . • • (630) 250-9595 1 CHECKED BY• • D . I FF . ' 0 oo 0000000000ll �� ■1 ... is - r ►�\ II , / 111 ■■ NI I � �� ■ ,,,,��11 \IIIIIIIIII� II /- .. :�Y�•f. mar :ai�:-�� +.�4�'+��i i� �� O X11►�� ■ �, � oft •�'r�•..' ► C.�y � i � �\X1/11►�� ''�� PROPOSED 70 FT r I � \ 1 . _ . TRANSITION 11 . . EXHIBIT NO. IR-8 C a W H E-Y— LOCATION PLAN FOR ROADS WITH PROJECT NO. 2807.00 QUIDMUNDSON y' ! R.O.W. WIDTH 300 PARK BOUL19VARD SCALE iw=i000' HJMOIS 60143 GRANDE CONSULTING ZNGU4E= DRAWN BY DPO (630) 250-9595 YORKVILLE, ILLINOIS CHECKED BY DAT aw N ��F•ia•I,/.j� - 1- V � n !>� •ar � a bra ruli1ylI lr •J: fe�.,I+' pm On MEN Ht' � 1 11 ■ N / 1� � ,,O��j� ■1111 11111 ■ 1 � �,� ,� �r • 11111 �IIfi1 ♦♦�,�1�!►,p,�,e!i� � ♦ ty4yr.+t all MLL �i'�I - �• ��1/t iii��j�� iii ��-,�j �� l�.l* �►�`��♦ 1� ♦ ♦ X11\� .. % w4�, �1 it , � �i,,, .�♦. �� I 1 1 I _ im PROPOSED 80 FT R.O.W. LOCATION (39' B/B PAVEMENT) I-Imll:1101, 1 I 80' • DATE SCALE iw=i000,. GRANDE RESERVE . - . ' I . 1 • ILLINOIS CHECKED D ' YMiLg1ERT 0 GpLENp f5 � � � 6 � r 6 � I lZO C9 STORYBOOK I pac HUB DISK$ /SPaa SUBaN90N �a r - - - - - Iii✓' = b�/�/l // PF BLi 1T i cai i '� T ��II wi L �y, L THE SHEPHERD ROAp LUTHERAN CHURCH /� ��r L ,�` �/�A GALENA j'L:u_C.! Park WA NE �rwiM1�\( J 5 B. MTCL. ROAD \I Open 5/ caw[RaAL - Space// NE/GWQMOOD 1 Tornhome 1` Open Space pork 1YE/GhtORA100D I I Detention d anNGy AaLR D a L Molt[-Family / % i _ F REPARK% T2- h"" M / CO cpANyBURUNGiON L. Epl5 CN GO MON AL pOAD �O�PAOpen� s"p° I wlMim C pyERN gAM1 I SPace :/ N pRiH Nt.r. J To mhoma , T y GRAPHIC 9CAI8 I�°L� �C m Park o I � NfA01IOWroOD 1 Tornhome 1 Inch • IOOOM1 1\ � I I Pork _ ySchool Open Space Open BLACKBERRY OAKS SpOCe SUBDIVISION W w1.mM ' L MOOD SUBDIVISION KS &M 5 n 4 u8. a B� 'wiMllon Sp O� p�0 BL RR R E90 eC''dya y0 P Blockherry Creek s Space . Consovallon Area Y y�bY wi. oa Fyn., or pcc Park Cab Li. 4 p Pace �J y Leo n F y onMroo) �J/ sa Lam• '�[' Pork y- a Spac< pal 0/ X. Pork �� y' � ✓ PROPOSED 100 FT < R.O.W. LOCATION "o 1 7. 2003 9:52:04 a.m. Aco.V.ra5a8 r:\CARD\1801. 0\311\EX.DTS\280JROW.DWG(221) EXHIBIT NO. IR-10 C O W H E Y LOCATION PLAN FOR ROADS WITH G U D M U N D S O N PROJECT No. 2807.00 L E D E R , L T D . 100' R.O.W. DATE 6/17/03 300 PARK BOULSOARD SCALE 1"=10001 rrASCA, >1aMOIS 60143 GRANDE RESERVE CONSULTII4G ENGINEBRS YORKVILLE ILLINOIS DRAWN BY DPO , (630) 250-9595 CHECKED BY DAT n COPYRIGHT 2002 70' ROW 35' 35' 24' 12' - - - - - - - - - - — — — — — — — — — — EXISTING 2—LANE PAVEMENT 3 0 o � r N N W W L EXISTING CROSS-SECTION 95' ROW I 35' 60' 30' 30 I 4 15' 15' 4' - - — — — — — — — — --- EXISTING PAVEMENT z TO BE WIDENED 3 0 0 o � o r ¢ N I w 3 w � PROPOSED CROSS-SECTION [ROADWAY TE: WORK WILL BE IN ACCORDANCE H KENDALL COUNTY REQUIREMENTS. July 21, 3:09:27 P.m. W 15.06 Drawing: F:\CADD\2807.00\312\PRELIM\ANNEX\28O7ROAD-SECTS.DWG (224) EXHIBIT NO. (R-11 C O W H E Y PROJECT NO. 2807.00 G U D M U N D S O N GALENA ROAD 7/21/03 L E D E R LTD . DATE 300 PARK BOULEVARD GRANDE RESERVE SCALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : OPO CONSULTING ENGINEERS DAT (630) 250-9595 CHECKED BY © COPYRIGHT 2002 L 43' ROW 21.5' 21.5' 22' 11' - - - - - — — — _ - - - - - - -I EXISTING 2-LANE PAVEMENT 3 3 O O 2 H F K O O to Z r C EXISTING CROSS-SECTION 71.5' ROW 21.5' 50' 30' ' II 11' 3019' 4' — — — — — — — — — — — — — — — — — — — — t EXISTING PAVEMENT z TO BE WIDENED F 3 O = Iu o I con z NOTE: y PROPOSED CROSS-SECTION THESE ROADWAY SECTIONS WILL ONLY BE BUILT IF THE CITY DOES NOT PROCEED �- WITH THE RECONSTRUCTION OF MILL ROAD, KENNEDY ROAD AND BRISTOL RIDGE ROAD. July 21, 2003 3:01:49 p.m. W Growing: F:\CADD\2807.00\312\PRELIM\ANNEX\ H07ROAD-SECTS.DWG (224) EXHIBIT NO. IR-12 C O W H E Y G U D M U N D S O N MILL ROAD PROJECT No. 2so7.03 L E D E R , L T D . DATE 7/21 /03 300 PARK BOULEVARD GRANDE . RESERVE SCALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS DAT (630) 250-9595 CHECKED 6Y © COPYRIGHT 2002 L 48' TO 58' ROW (VARIES) 22' 11' — — — — — — 3 O O 0_ K � W z '" EXISTING CROSS-SECTION VARIES VARIES 50' 30' 30' 4' 15' 15' 4 - - - I — - - - - - — — — — — — — — — z J O 0 EXISTING PAVEMENT J I TO BE WIDENED o o a N a X W (( C PROPOSED CROSS-SECTION NOTE: (BRISTOL RIDGE ROAD TO RAILROAD TRACKS) THESEIEOHDEWAY DOES NNOTJIPROCEED BE OF MILL ROAD. WITH THE KENNEDY ROADN AND DBRISTOL RIDGE ROAD. 100' ROW 30' 50' 50' 30 30' 4 15' 15' 4 - - _ I - - - - - I — — — — 0 0 wI Z Z J w 3 o °o EXISTING PAVEMENT J d TO BE WIDENED 0 w o I al o a � w tr o: a PROPOSED CROSS-SECTION (WEST OF BRISTOL RIDGE RD & NORTH OF RAILROAD TRACKS) July 21. 2003 4:25:48 p.m. AcodVer:15.05 Drawing: F:\CADD\2807.00\312\PRELIM\ANNEX\2807ROAD—SECTS.DWG (224) ExHIBIT NO. IR-13 C O W H E Y G U D M U N D S O N KENNEDY ROAD PROJECT N0. 2H07.00 L E D E R , L T D . DATE 7/21/03 300 PARK BOULEVARD GRANDE RESERVE SCALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS DAT (630) 250-9595 CHECKED BY © COPYRIGHT 2002 L 70' ROW 35' 35' 22' 11' - - - - - - - - EXISTING 2-LANE PAVEMENT 0 0 N z EXISTING CROSS-SECTION 100' ROW 30' 50' 50' 30' 30' 4 15' 15' 4' 1 --- - - - - - - - - - - I w wl z Z J EXISTING PAVEMENT 0 0 TO BE WIDENED -' 3 I ¢ < w ¢ w 3 z q NOTE: PROPOSED CROSS-SECTION THESE ROADWAY SECTIONS WILL ONLY BE BUILT IF THE CITY DOES NOT PROCEED (GRANDE RESERVE ON BOTH SIDES) KENNEDY RECONSTRUCTION R DGE ROAD. 85' ROW 35' 50' 30' 30' 4' 15' 15' 4' — — — — — — — — — — Iz EXISTING PAVEMENT o 3 TO BE WIDENED 30 N z o r\` PROPOSED CROSS-SECTION (ADJACENT TO RIVER RIDGE SUBDIVISION) July 21, 2003 4:25:35 p.m. AcoJVer:15.06 Drawing: F:\CADD\2807.00\312\PRELIM\ANNE%\2807ROAD—SECTS.DWO (224) U RIDGE ROAD EXHIBIT NO. IR-14 C O H E Y BRISTOL R G U D M U N D S O N PROJECT No. 2807.00 L E D E R , L T D . DATE 7/21/03 300 PARK BOULEVARD GRANDE RESERVE SCALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DPO CHECK CONSULTING ENGINEERS BY (630) 250-9595 CHECKED BY DAT © COPYRIGHT 2002 L ROW (VARIES) 26' 13' - - - - - - - - - - - - - - - - - - - - - - - EXISTING 2-LANE PAVEMENT 3 3 0 0 Of 3 z EXISTING CROSS-SECTION ROW (VARIES) BUFFER 60' VARIES (VARIES) 26' 13' — — — — — — — — — — — — — — — — — — — wI EXISTING 2-LANE Z PAVEMENT J 3 0 of < o w I 3 �i z PROPOSED CROSS-SECTION NOTES: ROAD WIDENING WILL BE IN ACCORDANCE 1. ROW WIDTH OF U.S. ROUTE 34 TO BE DETERMINED WITH IDOT PERMIT REQUIREMENTS BASED UPON FINAL NEGOTIATIONS WITH IDOT REGARDING THE LOCATION OF THE NW ROW LINE. 2. SIDEWALK TO BE DETERMINED SUBJECT TO CITY POLICY FOR ROUTE 34 DESIGN. Augusl 04, 2003 3:21:17 p.m. AcodVer:15.06 Drawing: F:\CARD\2807.00\312\PR41M\ANNEX\2807ROAD—SECTS.DWG (224) C O W H E Y - EXHIBIT N0. IR-15 G U D M U N D S O N US ROUTE 34 PROJECT NO, 2807.00 L E D E R , L T D � DATE 8/04/03 300 PARK BOULEVARD GRANDE RESERVE SCALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS - (630) 250-9595 CHECKED BY ___PAT © COPYRIGHT 2002 L so. GRAPHIC SCALE R60, n R26 IN FEEI) 4 I Imn . 40 It 4' SIDEWALK Rg0 Ac, 6'- e p .yo zs oo' B B 60.00' R W CUL-DE-SAC GEOMETRY (50' ROW) FOR NEIGHBORHOOD 1 r �\ r GRAPHIC SCALE milli I 5 R6S00• n�p0 I 1 I.h �n)n 5' SIDEWALK � I I I ! � r o � 0 911511 0 i 30!00" 1 00' BtB I I 66.100' RjW CUL-DE-SAC GEOMETRY (66' ROW) , e 17.2MS 11:]1]]am Acaev-:15.05 Orawin¢ F.\CA00\280 7.00\313\PREOY\A Ex\2W7] WESAC.DM(224) C 0 W H E Y TYPICAL CUL-DE-SAC EXHIBIT NO. IR-16 G U D M U N D S 0 N A/c � GEOMETRY PROJECT NO. 2807.00 LEDER , LTD . DATE 6/17/03 300 PK ITASCA,�ILLINOIS 6014s GRANDE RESERVE SCALE 1"=60' CONSULTING ENGINEERS YORKVILLE, ILLINOIS DRAWN BY DPO (630) 250-9595 CHECKED BY :___P-AT 1 EXHIBIT J PROJECT SIGNAGE All project signage is subject to review and permitting but will be in substantial conformance with the following and shall meet any site distance and other health/safety issues: I. Onsite Project Identification Signs: 1. Number: 7 2. Maximum Height: 20 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer II. Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 / 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer III. Onsite Directional and Information Signs: 1. Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer IV. Onsite Sales or Marketing Signs/Flags: 1. Number: 12 2. Maximum Height: 25 feet (Flags/Poles) 3. Maximum Sign Faces per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination:Permitted 6. Location: As from time to time determined by Developer V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the City Sign Ordinance or as otherwise approved by the City Council or Building and Zoning Officer upon request by DEVELOPER. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit"J", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the SUBJECT PROPERTY as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. Prototypical signs are included as Exhibit "J, and Exhibit I EXHIBIT "J1" It Z j fQ Cy 51-4.1 7x . § " N&d W a 's E 5 yu Q a 3,_1u n 0 5, SIGN TYPE B - Permanent Entry Monument Signs z (Concept Elevation Shown) w z rn¢ •Sign total — as needed, no more than two monuments per entry. —]F, •Maximum Height — B Feet. •Maximum of one sign face per monument. •Maximum Sign Face Area = 60 Sq. Ft. •Illumination Permitted. •Minimum Setback from Property Line — 3 Feet (Minimum Setback may ZO'-O�� 201-011 change on roads that are state, county or federal) •Sight Vision Clearance Triangle — 30' minimum. A K. � q ' '0 IGN TYPE A - On Site Pro ect Indentillcation Sign SIGN TYPE C - On Site Directional and Information Signs SIGN TYPE F- Off Site Marketing/Directional Signs C) (Prefared Orientation ShownL (Prefered Orientation Shown) (Prefered Orientation Shown) P ty •Maximum Height — 20 Feet. •Sign total — as needed •Signs Total — as needed. •Maximum of two sign faces per Sign. •Maximum Height — 6 Feet. •Maximum Height — 20 Feet. •Maximum Sign Face Area per side = 200 Sq. Ft. •Maximum of two sign faces per Sign. - •Maximum of two sign faces per Sign. •Illumination Permitted. •Maximum Sign Face Area per side = 16 Sq. Ft. •Maximum Sign Face-Area per side = 200 Sq. Ft. •Minimum Setback from Property Line — 5 Feet. •Illumination Permitted. - - •Illumination Permitted. •Location to be determined, as needed, by Developer. •Minimum Setback from Property Line — 5 Feet. •Minimum Setback from Property Line and Sight Vision •Location to be determined, as needed, by Developer. Triangle to be determined. •Location to be determined, as needed, by Developer. :' v 61-011 (21-011 y v N y C1 W N 2 M 0 M r M I YO O Z O SIGN TYPE B - On Site Model Home Signs SIGN TYPE D - On Site Sales or Marketing Signs/Flags SIGN TYPE G - Off Site Markettag/-Barma Shays Sign "s (Prefered Orientation Shown) (Prefared Orientation Shown) (Prefered Orientation Munm) •One Sign per Model Home. •Sign total — 12. •Sign total — as needed •Maximum Height — 6 Feet. •Maximum Height — 25 Feet (Flags/Poles) •Maximum Height — 5 Feet (1 Ft. from ground level) •Maximum of two sign faces per Sign. •Maximum of two sign faces per Sign. •Maximum of two sign faces per Sign. Maximum Sign-Face Area per side = 32 Sq. Ft. •Maximum Sign Face Area per side = 32 Sq. Ft. •Maximum Sign Face Area per side = 12 Sq. Ft. Illumination Permitted. •Illumination Permitted. •Setback from Property Line/Roadway to be determined. •Minimum Setback from Property Line — 5 Feet. - •Location to be determined, as needed, by Developer. Will respect sight distance and visibility issue. p -Location to be determined, as needed, by Developer. -Location to be determined, as needed, by Developer. GROUP EXHIBIT «J2„ GRANDE, RESERVE . , Note: The location of the Entrance Monuments may vary subject to easement locations. ENTRY MONUMENT SIGN CONCEPT -Monument Walls shall be stacked stone veneer. Prepared For: MPI — Yorkville -Accents, banding and caps shall be limestone. Prepared By: JENLAND Design, Inc. -Columns and Walls shall have column mount Project: Grand Reserve light fixture. Glass and finish to be determined Yorkville, Illinois by Developer. -Fencing shall be ornamental aluminium fence. Dated April 15, 2003 -Sign face shall be spotlighted to allow for visibility. Not to scale -Columns and walls shall be washed with low light levels to accent monument. -Concept design is provided for illustrative purposes. W ZU�F III I I I I I I I z zz�� II II II i I I I I I I na +++ I N- — -t Parkes \ \ \ a 'tree yp / Tree– _ Q c — � a / - P! + + + oxv + + + Evergreen Tree-typ. v q w Z P Flowering Shrubs-typ. Cd U - v � 10 Ft. Set ac GSEN RIGHT-OF-WAY NNE PROP om 0. Ornamental Tree–typ: Low Flowering t3P is – See Perennials/Grbundcover–typ. Shrubs–typ. S nc t Elevation w Seasonal Color PROPOSED ,'sHauinER - With stone outcropping Pock et–typ. EXISTING RIGHT-CF-WAY TINE ow Evergreen Shrub—typ. V a n^ N 5i v Notes: U.S. ROUTE 34 The location of the Entrance Monuments may vary subject to easement locations. Concept Design is provided for illustrative purposes. EXISTING RIGHT—OF—WAY LINE 1 EXHIBIT "K" RECAPTURE AGREEMENT RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the day of 2003,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and MPI-2 YORKVILLE CENTRAL LLC, MPI-2 YORKVILLE NORTH LLC,MPI-2 YORKVILLE SOUTH I LLC, and MPI-2 YORKVILLE SOUTH II LLC), all Illinois Limited Liability Companies, ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Grande Reserve Subdivision ("Subdivision"). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated 2003 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision("Recapture Items") which will provide benefit to other properties ('Benefited Properties"), from the owners of the Benefited Properties ('Benefited Owners"). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto,the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items,being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item("Estimated Cost"). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. � 4 1 2. BENEFITTED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". There are a total of (_)Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of percent(_%)per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the 1 Recapture Items, whichever shall first occur, the City shall collect from such Benefited Owner, or its agent or representative,the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the City or be issued a connection permit to a Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs,owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers,employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs,hereunder for collection thereof, and r in the event Developer initiates a collection lawsuit,the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof,unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City for such Benefited Parcel within ten years following the date of this Agreement,this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. C. Enforcement: Each party to this Agreement, and their respective successors and assigns,may either in law or in equity,by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. i i p I D. Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense,with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S.Mail,registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, E 60540 Fax: (630) 553-8330 With a copy to: United City of Yorkville's Attorney Daniel J. Kramer, esq. 1107 Al South Bridge Street Yorkville, E Fax: (630) 553-5764 (I) If to OWNER and DEVELOPER: Isenstein Pasquinelli, LLC 6880 N.Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Tony Pasquinelli and to: Moser Enterprises,Inc. 5th Avenue Station 300 East 5th Avenue, Suite 430 Naperville, IL 60563 Attn: Art Zwemke with copy to: John F. Philipchuck, Esq. DBCW, Ltd. 123 Water Street Naperville, IL 60566-0565 F. Severability: The invalidity or unenforceability of any of the provisions hereof,or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement,regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. I �� i I IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of the date first above written. OWNERS: MPI-2 YORKVILLE NORTH LLC MPI-2 YORKVILLE SOUTH II LLC an Illinois Limited Liability Company An Illinois Limited Liability Company By: MPI Manager, Inc. By: MPI Manager, Inc. Its: Manager Its: Manager Arthur C. Zwemke, Its President Arthur C. Zwemke, Its President Dated: Dated: MPI-2 YORKVILLE CENTRAL LLC CITY: an Illinois Limited Liability Company UNITED CITY OF YORKVILLE By: MPI Manager, Inc. an Illinois municipal corporation Its: Manager By: Title: Mayor Arthur C. Zwemke, Its President Dated: Attest: Title: City Clerk MPI-2 YORKVILLE SOUTH I LLC An Illinois Limited Liability Company By: MPI Manager,Inc. Its: Manager Arthur C. Zwemke,Its President Dated: li i EXHIBIT "L" RIGHT-TO-FARM STATEMENT Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator — A-1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells, dust, sights, noise, and unique hours of operations that are not typical in other zoning areas. I �. 7 IS United City of Yorkville 800 Game Farm Road Yorkville, filinols 60510 Telephone.: 630-553.43 5D Fax 630-553-7575 APPLIEAMON&PIEW111014 TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT(P'UD).AGREEMENT ve+welopftntDime: BrandsRemetrwa ofSubrrsls ISM, 1Eou'18r" 1 1. Name 0(PationegS). 4uallly P mperties Assert Managemnt(OPAM) bdWAMI SS#NSA or Compww Tax ID 0 "58296 Address: Cfo ORIEO.1000 S.York ROM,3M Floor.EiMni mt III`6012$ #phone Numll w 941-6944 pax NumW. 1SW-'941-W?7 Smil Addrm,. Iosi,anrr�.efsa ba�i Mmetica +tn Rdowfut*of Peil6aner s}itr p tPorty; 210wrff Devs:Ioper ft Contraoi der 2. Name ryPbolderof Is"9lia,Odlf mnt Rm#1- WA HMO ilile is held In a LwW TrtsL Ilstum ntames of all holders of any bKmr i w Inwersi theraigk NA 3_ a). Simm add and pirpsiam bea t m of subject prmpW.. Gran da Rmwa Subdivi sim- Gawr^N o(RM.34,IE of R M.41,got IenrAdy Rd,.and W o(RIMrd Dr, b)_ legal dar4pW of p"rt+y;alto Ph as IEsd'lifbit IN. a�. TOW Aamgw Approx 1037 acres d). iCr mon Dommy Pawd mumbw(&)of property: See chetah EAU 9 e), CimmUmiang cal m: R-20nAFamilyRai WOOD p'48ID 0. Ong Clas3r6raft Raquealmli if t hengin9 zo*Q: WA hr o ds UrikdCyarY4d►.meAmW AnkwWWI)AtrrmrM ftvWd. 9109 16 4, Names and petilm undw any appkWe My ordlnanoe or StMe SlAft: (PI aVaM a separate'llst @3 ExhibM jr,) 5 DMO tai Ann bn w PUD Agfm mart eaughtto bre olrr nftd! Jul MaeneeAWSM"nt Artnonc fim Agreen writA PIannod Unit DawlaprnentAgreeiment Efate of Doming: SWIMMbft 11. 2t103 Mach a M and wnva copy of agreement as Etdl M-C B. SlInts the Ilia to to anwndect*cm eadadng arrrearak n or P1ID aglvernertt a.SwALYbwMA m*of Me Ainexat1w Agmement4L Piorrodtyre DmIapmem A7ewmrn F. Comaot lnbm edam: A4arne,aft m,pMm num or,kx aw bar,and email addFm of pemon to whom Inquiries tege*g this pellkn may be dlrerW. Lail Chn,Quality proper ARM mJ4it r"(O AM),OM,1000 w',.Yixk mod,aid Fluor Elmhurst, IL SM2 _ Afomey.. ftme. Llas O'Keefe, Mayer Bmwrl LLR Address: 71 ScWh Wa dwDdM Chimp,lfnvle 60606 - P hone Nuffiter 312-701-7261 Fax Numbemr.° 312 4WW3 Email Address; lokreie mekerbr r=n Engineer. Hann: Ardldree, Phone Number, Fax Mum leer: FoudAddcow: LoW PlIanner, Nwm;— Avddraw. tit ww Nomt er. Fax Number_ Small Addrem I�i�lGilyaf'�t�k+�14CaM1mCatl+�st;als�J�Jtkl4�rki�a stied; 4.I�A�P 17 S. Submit the ftbfi g to go Community+C wdopmnt DgmMmem In order to be schadulad fbr the neoeowy committee mWings. An inoomplfe vkkvWW Cqutd delay Iha,f,Chatl AN of prxrr prrlseL a.OrigirgN appltMdan iAft legal descriplian pl*40 wplae. b.Approoriste filing Fee(Plasm rofar to pop 4 of This applIc9on'Pelttimer Route, Step 1,pees w4rw aonte d Itae Community Development Depadmant fat uarmodon of this wrioain). c� Slur Ptan 0f n aary}; 4o sMs fald+edl to dh irva lW x iT emmelope d.One CD conlalning EM of the signed applicodan.exblblM and eke plans. The le jal d r*ftn and amendment(draft)documents OoWd ba 1n XggL=iarni L In vArow whereo **fb1Mft pel6owde)hove submltlsdtl s ap leffon under oath and verll +r IM to iha but aldlek knim, to c onbe tta.we bus wtd correct and #rat#rep prepariy to be,anrrexw Is ioarhd9mus le the United City of YrorMile, Dater: It /4/11 Poliboner 'Sign ry (AEI iso pmrpartyr owrtam of slgnarWrelr must air on this appkailion.) Sub d eelyd amm to beft me oft they C 2w 20G t#-_._. ltilGlel'y@sl 7M APPLICA"ON MUST BElV'C URIM 0, UNMENWO M AMM"v 1 PW 17 GfS UhvACilporVarkvillch=ndAmmauwLftMAFoi=dim ItoraWl 9.14ts AWN17d, UT TO ANNEX TIGN OR PLANNED UNIT DEVELOPMENT t11ENT(PUD)AWEEMENT WvPi: P dWner MU19 submit a c wVletarl epptieW nn,fool seal 0 pertineird materials to the G?rnnhunity MYaloptrient DapartMenta rninimuM 0145 days oriot to the hwge ad Plan+Corrmdasiotl meeting. Petitiont,-risrapwWbbkrmakftsubrnlftbtoUherweviowagmi6mwchnXendan Courrly,Iiinple DWrhn+ent of Trftrtspo+rtabon,Illincie Mp rtrmut*F Natural mss,U.S.Atrrrg Carps ttf Ea1&Vb M aft..Io allow timely rawelwrr by iMyr. "Fees: 1_ a. Anna Amendment b foror.dleidaamWbmts-uncle(t aaw=IIt,IiDD 2 to 10 acm= $2, Nole-, flmw#Dm lopar will be rasponsiW for payment od recardi>tg(eresand 4os1s,iLd llc,hele"cwts inciudmg a written traneWpOw of polio headrig and oubide oXftftnt cam(4_I6pai ne ie w;reed planar, toning i>ap0hatm,enAlirl Wftrft aft). SfiW4 Owner;Dev per W pay ftwelm dkeft%WWII tereponvM fortOrnbumWo the tllrWad City trf Yowkria fm`du aforementioned 166 end eosts. Notes �+°o�avu�f�arraa�t��sra a�s+aalr eif l�rr�il fib ss IierC p l; Plan C+ornnrlsatoa, The Plan Cornmiseion(tweets t e 2nd WednvkW of to month at 7:01)p.m. at the YwkAs Pr;W l_3btary,gleams Farm A Pubk Heaft wlll be held at this time for#tae Anxm dmegt to AnnoabanMUD Aamement. For a pubW Dearing;N petdiatrrar ehretl=nplete and Aftmlt loft Cornmunity QevalWorvt eft a tatiaa v tttta Iepal ftscrioan 45 days prior to the publlo hearing at ft Plan Commission m incg.NadoevAll be*ven by pdtdltoft by lheVrOW City of Yo".1e in the KondWi County Rawrid et heel 15 daps M no rndria Om 2g days prior lathe pubk hearkv date. B#kW6 t*amenl rw can MM fahmd to the Eamomle DfteloWAM CornmWe;s*dtrW Aumsrrdmentto-lFeAnrwadonorPUD AWeement inuetbewftW. .JF-= rrK Development Como%--e:Tim Ecortr ak,Developmard Commifte alai ft the*9 Tusa9ay 4lhe month atTOD p.m.in the Corfu Ramat City Ft, i. The pM)W wlli b&dIscusse d In an lnilr?n W alb al ft Economic-Develnpmernt m eft where no iorrrral voting talcs place_ Tilts melon its to dkam und ooneider ra=mmndations of ptior committee rrfetings and foci'Wow of ft draft=DOW agreeodel. Wp4o Cite Cowl: Meetings ate tteiid the 2*and 4r'Ttadpys of each month at T pm in tha Council Chambers atCity Yiai. A FMe Rating vM be hold at W&time for the Arr uWmenl to AnnexadoWPUD AgmwwnL Notice wall be Derr by pubibWon trj the Unlied Chy of Yorkville in go Kv40 Copy Record at lead 15 dap Sul nu more then 30 dap pd v to tw5 puff tins ft Mo. A earll%d affrdavlt must be filed by the pattilionw with to GOrhmurrttyl Dovelopmont Department's dke oxt9rtbl;this names,addresses and pernte+strt.,parod mwlmbers of al pates that wom nuffiedl. an 110(5 Unimd City DfYnrl'Wiie.hnra,dAM0eeketl° 0Apf#kkion Raviwd: 4.109 19 Agreertrar►t: I undenrtand and wmpt ell requirements,We as tu6ved as weA as mW incurred administreiiure tad Planning awsufteW fees tivhrh must be mrrent before this pitied.CRA pre CMW to the next scheduled COMMMre r dwft. Pleeee sign aruf retaen thie trig l(re ft ataopyr for your mocrds)tt the O mrnunKyt D lopment D nM119RU,UniM City Of Ycukuille,81M Gaff111ef FarM ROad.Y'm kV lle.IIIInQM DOM 5ignawre or I's+Ulioner Date: Woc 14 Ors urnr d COO' YU&M&A„e,rd Anmm"WPUD Appi ee ind: 4.14.99 RRiiii Iff iill ; S�mi rR� miiiiill w7�,.f ! h iRlll!Il�11 111 iii ilui [!►!1',� :fe+��:�.M HIM WIN UNIT 14 UNIT 18 pl xlssi`, iiR Lu ��-r` 90e,,�c, es7 0 ■ii iRiiR ■ � n.6Ci1CQ99�jy iii�ifiii SIR iliiif 0 an own so a n ,� Cneooe w g7� x'40; UIVI T 24 •, UNIT 17 f 1.. UNIT 16 � - 1 I 11 "`rn r':L°r,"" t.14 .4 \t4'�s,,,`:t`e4 „!K Vii., r''a•. - �.. p.4'"fi .•.^ a..ri r+•e ` ^r' min:r�'","�� ry'.ra ."S•��r.rC"•�`rs �,r�, +.ae�-"ry�a;�.a•p a.wra`a �u �`.r`t.'�' .-.�� y a�na�J"..�,s,;`d'�� ~�`+'��.'.•ti`�`s.,y,,rse-'`�d,a;'`��a� i s''-•x+Y'�`�A 'w"�'�s"� �°� -- '0 • ,ate Fr� .sk .v► ,�tiy. �. .sa .r.ro: �s .aro: .K$""' +ra ,wa qa�.aa .. �y�, � ��e��•��r �`^tea",.. ....� n'k �.L ��y�� r 3 _._ _....- _ _ ,�� ♦� -��p.1�..`ode! 4V r I• r 4 iN. - f, r .. _ FIRST AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) This First Amendment (the "First Amendment") to the Annexation Agreement and Planned Unit Development Agreement (the "Original Agreement") entered into this July 22, 2003, by and among MPI-2 Yorkville North LLC (Owner of the Tucek, Handke and Steinbrecher Farm "B"parcel north of the Burlington Northern railroad tracks), MPI-2 Yorkville Central LLC (Owner of Parcel 302-11-300-005 Steinbrecher Farm `B" parcel south of the Burlington Northern railroad tracks, Inland parcel, and Konick parcels), and MPI-2 Yorkville South 1 LLC (Owner of the Steinbrecher Farm "A") (hereinafter collectively referred to as "Owners") and MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC, and MPI-2 Yorkville South 1 LLC (hereinafter collectively referred to as "Developer"), all Illinois Limited Liability Companies, and the United City of Yorkville, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "City"); is made and entered into this day of January, 2012 by and between Quality Properties Asset Management, LLC ("Owner"), as successor to the aforesaid Owners and Developer and the City. WHEREAS, due to the changes in the economic conditions in the country and most particularly in the region, the Owner is successor to the Owners and Developer of the Original Agreement which provided for the development of the Grande Reserve Subdivision (the "Development") due to conveyances resulting from foreclosures or other settlement agreements; and, WHEREAS, the Owner has petitioned the City to reduce the requirements for the posting of security to guarantee completion and maintenance of the public improvements to be 1 constructed as a part of the Development for Units 23, 26 and 27 all as set forth in the Original Agreement; and, WHEREAS, the City is prepared to consider the Petition, as hereinafter defined, and grant the request subject to specific conditions and limiting such request to Units 23, 26 and 27 of the Development as hereinafter set forth; and, WHEREAS, Owner is prepared to participate in all public hearings as required by law to accomplish this First Amendment to the Original Agreement. NOW, THEREFORE, the City and the Owner hereto agree as follows: 1. The City has received from the Owner an Application and Petition to Amend Annexation Agreement or Planned Unit Development (PUD) Agreement (the "Petition") dated November 9, 2011, wherein the Owner has requested an amendment to Section 5 of the Original Agreement which Section establishes the security required to guarantee completion and maintenance of the public improvements, in the form of an irrevocable letter of credit or surety bond (the "Security Instruments") as such requirements pertain to Units 23, 26 and 27 of the Development. 2. Section 5 of the Original Agreement provides, among other things: "The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development." 3. That City agrees to grant the Petition and amend the aforesaid Section 5 of the Original Agreement subject to the following conditions: 2 (a) The amendment pertains solely to Units 23, 26 and 27; (b) The amount of security in the form of an irrevocable letter of credit must be maintained with the City in an amount no less than $100,00 to ensure maintenance of detention basins in Unit 23; and, (c) No building permit shall be issued for any improvements to Units 23, 26 and 27 unless security in the form of an irrevocable letter of credit or surety bond in an amount determined by the City Engineer as required by all applicable ordinances of the City. 4. The parties hereto agree that all other provisions of the Original Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Original Agreement as to Units 23, 26 and 27 of the Development, being the subject of the Original Agreement, to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal Corporation By: Mayor Attest: City Clerk Quality Properties Asset Management, LLC By: President Attest: 3 Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING THE FIRST AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grand Reserve Subdivision) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and Quality Properties Management (the "Owner"), as successor to MPI-2 Yorkville North LLC (Owner of the Tucek, Handke and Steinbrecher Farm `B" parcel north of the Burlington Northern railroad tracks), MPI-2 Yorkville Central LLC (Owner of Parcel 302-11-300-005 Steinbrecher Farm "B" parcel south of the Burlington Northern railroad tracks, Inland parcel, and Konick parcels), and MPI-2 Yorkville South 1 LLC (Owner of the Steinbrecher Farm "A") (hereinafter collectively referred to as "Owners") and MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC, and MPI-2 Yorkville South 1 LLC (hereinafter collectively referred to as "Developer"), all Illinois Limited Liability Companies McCue Builders, Inc., an Illinois corporation, desire to amend the Annexation Agreement and Planned Unit Development Agreement, to clarify the obligations of the Owner and to provide for certain conditions in order to ensure completion of the development of Units 23, 26 and 27 of the Grand Reserve Subdivision in accordance with all applicable City requirements. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The attached First Amendment to the Annexation Agreement and Planned Unit Development is hereby approved, and, the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. United City of Yorkville,Kendall County,Illinois,this day of , A.D. 2011. CHRIS FUNKHOUSER GEORGE T. GILSON, JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. Mayor Attest: City Clerk 2 Reviewed By: Agenda Item Number O� Legal ❑ CA#1 EST i iaas Finance Engineer El Trackin g Number CO City Administrator F-1 q� l 1t X04 Public Works ❑ cooasea K 11 CwMy ` CC 2011-137 ❑ Agenda Item Summary Memo Title: Bill Payments - $773,835.25 Meeting and Date: City Council 12/27/11 Synopsis: Approval of bill payments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512464 AA000003 DANIEL V. TRANSIER 120111 12/01/11 01 POLICE-11/2/11, 11/16/11 AND 01-210-54-00-5467 450.00 02 11/30/11 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 450.00 CHECK TOTAL: 450.00 512465 ALTEC ALTEC INDUSTRIES, INC. 4938587 11/03/11 01 STREETS-ANNUAL DIELECTRIC 01-410-54-00-5495 664.31 02 INSPECTION ** COMMENT ** INVOICE TOTAL: 664.31 CHECK TOTAL: 664.31 512466 ARAMARK ARAMARK UNIFORM SERVICES 610-7323397 12/06/11 01 STREETS-UNIFORMS 01-410-56-00-5600 25.97 02 WATER OP-UNIFORMS 51-510-56-00-5600 25.97 03 SEWER OP-UNIFORMS 52-520-56-00-5600 25.97 INVOICE TOTAL: 77.91 CHECK TOTAL: 77.91 512467 ATT AT&T 6305533436 -1111 11/25/11 01 POLICE-MONTHLY CHARGES 01-210-54-00-5440 45.03 INVOICE TOTAL: 45.03 6305536805-1111 11/25/11 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 91.92 INVOICE TOTAL: 91.92 CHECK TOTAL: 136.95 512468 ATTLONG AT&T LONG DISTANCE DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512468 ATTLONG AT&T LONG DISTANCE 82893213-1111 12/01/11 01 POLICE-MONTHLY LONG DISTANCE 01-210-54-00-5440 40.74 02 WATER OP-MONTHLY LONG DISTANCE 51-510-54-00-5440 46.74 INVOICE TOTAL: 87.48 * CHECK TOTAL: 87.48 512469 BATTERYS BATTERY SERVICE CORPORATION 216887 12/07/11 01 STREETS-2 BATTERIES 01-410-54-00-5495 170.00 INVOICE TOTAL: 170.00 * CHECK TOTAL: 170.00 512470 BCBS BLUE CROSS BLUE SHIELD 120811 12/08/11 01 ADMIN SERVICES-JANUARY HEALTH 01-640-52-00-5216 82,690.23 02 INSURANCE ** COMMENT ** 03 ADMIN SERVICES-JANUARY DENTAL 01-640-52-00-5223 7,356.41 04 INSURANCE ** COMMENT ** INVOICE TOTAL: 90,046.64 CHECK TOTAL: 90,046.64 512471 BPAMOCO BP AMOCO OIL COMPANY 32218129-PD 11/24/11 01 POLICE-GASOLINE 01-210-56-00-5695 167.46 INVOICE TOTAL: 167.46 * CHECK TOTAL: 167.46 512472 CAMBRIA CAMBRIA SALES COMPANY INC. 31858 11/28/11 01 ADMIN-HAND SOAP, DEODORIZER 01-110-56-00-5610 109.47 INVOICE TOTAL: 109.47 * CHECK TOTAL: 109.47 DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512473 CARGILL CARGILL, INC 2900282205 12/07/11 01 WATER OP-ROCK SALT 51-510-56-00-5638 2,765.35 INVOICE TOTAL: 2, 765.35 CHECK TOTAL: 2, 765.35 512474 CENTRALL CENTRAL LIMESTONE COMPANY, INC 15170 11/30/11 01 WATER OP-GRAVEL 51-510-56-00-5620 463.93 INVOICE TOTAL: 463.93 CHECK TOTAL: 463.93 512475 CHEMICAL CHEMICAL PUMP SALES & SERVICE 71578 11/23/11 01 WATER OP-REPAIR VACUUM 51-510-56-00-5638 469.00 02 REGULATOR ** COMMENT ** INVOICE TOTAL: 469.00 CHECK TOTAL: 469.00 512476 CLASGRAP CLASSIC GRAPHIC INDUSTRIES,INC 68787 12/07/11 01 FINANCE-TAX FORMS 01-120-56-00-5610 88.73 INVOICE TOTAL: 88.73 CHECK TOTAL: 88.73 512477 CLASLAND CLASSIC LANDSCAPE, LTD 74617 11/30/11 01 FOX HILL SSA-NOVEMBER LAWN 11-111-54-00-5495 306.82 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 306.82 74618 11/30/11 01 SUNFLOWER SSA-NOVEMBER LAWN 12-112-54-00-5495 260.00 DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512477 CLASLAND CLASSIC LANDSCAPE, LTD 74618 11/30/11 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 260.00 * CHECK TOTAL: 566.82 512478 COMCAST COMCAST CABLE 112611-PD 11/26/11 01 POLICE-MONTHLY CABLE 01-210-56-00-5620 4.17 INVOICE TOTAL: 4.17 * CHECK TOTAL: 4.17 512479 COMDIR COMMUNICATIONS DIRECT INC SR96709 12/06/11 01 POLICE-UPGRADED AND REPLACED 01-210-54-00-5495 363.50 02 EXTERNAL BACKPLANE ASSEMBLY ** COMMENT ** INVOICE TOTAL: 363.50 * CHECK TOTAL: 363.50 512480 COMED COMMONWEALTH EDISON 0185079109-1111 11/30/11 01 WATER OP-420 FAIRHAVEN 51-510-54-00-5480 149.12 INVOICE TOTAL: 149.12 * 0435113116-1111 12/05/11 01 STREETS-LIGHTS 01-410-54-00-5480 112.03 INVOICE TOTAL: 112.03 * 0903040077-1111 11/29/11 01 STREETS-LIGHTS 01-410-54-00-5480 2,470.99 INVOICE TOTAL: 2,470.99 * 0908014004-1111 12/01/11 01 WATER OP-WELLS 51-510-54-00-5480 45.81 INVOICE TOTAL: 45.81 * 0966038077-1111 11/30/11 01 STREETS-LIGHTS 01-410-54-00-5480 93.91 INVOICE TOTAL: 93.91 * _d_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512480 COMED COMMONWEALTH EDISON 1183088101-1111 11/29/11 01 SEWER OP-1107 PRAIRIE CROSSING 52-520-54-00-5480 149.12 INVOICE TOTAL: 149.12 * 1407125045-1111 12/05/11 01 SEWER OP- FOXHILL 7 LIFT 52-520-54-00-5480 111.77 INVOICE TOTAL: 111.77 2019099044-1111 12/06/11 01 WATER OP-WELLS 51-510-54-00-5480 40.26 INVOICE TOTAL: 40.26 * 2668047007-1111 11/29/11 01 SEWER OP-1908 RAINTREE RD 52-520-54-00-5480 204.30 INVOICE TOTAL: 204.30 * 2961017043-1111 11/29/11 01 SEWER OP-LIFT STATIONS 52-520-54-00-5480 122.10 INVOICE TOTAL: 122.10 * 4085080033-1111 12/01/11 01 WATER OP-1991 CANNONBALL TRAIL 51-510-54-00-5480 197.90 INVOICE TOTAL: 197.90 * 4449087016-1111 12/06/11 01 SEWER OP-LIFT STATIONS 52-520-54-00-5480 1,080.14 INVOICE TOTAL: 1,080.14 * 4475093053-1111 12/01/11 01 WATER OP-610 TOWER LANE 51-510-54-00-5480 217.00 INVOICE TOTAL: 217.00 * 7090039005-1111 12/08/11 01 STREETS-LIGHTS 01-410-54-00-5480 20.43 INVOICE TOTAL: 20.43 * CHECK TOTAL: 5,014.88 512481 DAVEAUTO DAVID L CHELSEN 18702 11/23/11 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 655.00 INVOICE TOTAL: 655.00 * 18762 12/08/11 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 265.00 INVOICE TOTAL: 265.00 * CHECK TOTAL: 920.00 DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512482 DEPO DEPO COURT REPORTING SVC, INC 15222 12/05/11 01 POLICE-NOV. 9 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * 15223 12/05/11 01 POLICE-NOV. 16 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * 15224 12/05/11 01 POLICE -NOV. 21 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * 15225 12/05/11 01 POLICE NOV. 30 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * CHECK TOTAL: 700.00 512483 DUTEK DU-TEK, INC. 695541 12/02/11 01 STREETS-HOSE REPAIR 01-410-56-00-5640 45.00 INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 512484 EEI ENGINEERING ENTERPRISES, INC. 49681 08/29/11 01 DEVELOPER ESCROW-KENDALLWOOD 90-010-10-00-0011 167.00 02 ESTATES ** COMMENT ** INVOICE TOTAL: 167.00 * 49683 08/29/11 01 ADMIN SERVICES-KENDALL 01-640-54-00-5465 966.25 02 MARKETPLACE ** COMMENT ** INVOICE TOTAL: 966.25 * 49684 08/29/11 01 ADMIN SERVICES-GENERAL CITY 01-640-54-00-5465 3,429.00 02 OF YORKVILLE ** COMMENT ** INVOICE TOTAL: 3,429.00 * DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512484 EEI ENGINEERING ENTERPRISES, INC. 49685 08/29/11 01 ADMIN SERVICES-MUNICIPAL 01-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1,900.00 49686 08/29/11 01 ADMIN SERVICES-NORTH RT. 47 01-640-54-00-5465 2,284.25 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 2,284.25 * 49687 08/29/11 01 ADMIN SERVICES-WALSH DRIVE 01-640-54-00-5465 5,029.50 02 FLOODING ** COMMENT ** INVOICE TOTAL: 5,029.50 * 49688 08/29/11 01 ADMIN SERVICES-TRAFFIC CONTROL 01-640-54-00-5465 186.50 02 SIGNAGE AND MARKINGS ** COMMENT ** INVOICE TOTAL: 186.50 * 49689 08/29/11 01 ADMIN SERVICES-802 S. BRIDGE 01-640-54-00-5465 584.50 02 STREET GROUNDWATER ORDINANCE ** COMMENT ** INVOICE TOTAL: 584.50 * 49690 08/29/11 01 ADMIN SERVICES-CENTRAL RT. 47 01-640-54-00-5465 11,440.93 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 11,440.93 * 49691 08/29/11 01 ADMIN SERVICES-RIVER ROAD 01-640-54-00-5465 459.25 02 BRIDGE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 459.25 * 49692 08/29/11 01 ADMIN SERVICES-RT. 34 01-640-54-00-5465 3,931.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 3,931.50 49693 08/29/11 01 ADMIN SERVICES-2011 MFT 01-640-54-00-5465 985.43 INVOICE TOTAL: 985.43 * DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512484 EEI ENGINEERING ENTERPRISES, INC. 49694 08/29/11 01 ADMIN SERVICES-GAME FARM/ 01-640-54-00-5465 1,333.25 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,333.25 * 49695 08/29/11 01 ADMIN SERVICES-SAFE ROUTES TO 01-640-54-00-5465 167.00 02 SCHOOL ** COMMENT ** INVOICE TOTAL: 167.00 * 49696 08/29/11 01 ADMIN SERVICES-2011 BRIDGE 01-640-54-00-5465 883.25 02 INSPECTIONS ** COMMENT ** INVOICE TOTAL: 883.25 * 49697 08/29/11 01 ADMIN SERVICES-FY10-11 01-640-54-00-5465 1,558.50 02 ACCEPTED INFRASTRUCTURE ** COMMENT ** 03 INVENTORY ** COMMENT ** INVOICE TOTAL: 1,558.50 * 49698 08/29/11 01 ADMIN SERVICES-2011 KKCOM 01-640-54-00-5465 130.00 INVOICE TOTAL: 130.00 * 49701 08/29/11 01 SUNFLOWER SSA-SUNFLOWER 12-112-54-00-5495 125.25 02 ESTATES ** COMMENT ** INVOICE TOTAL: 125.25 * 49702 08/29/11 01 ADMIN SERVICES-STAGECOACH 01-640-54-00-5465 417.50 02 CROSSING ** COMMENT ** INVOICE TOTAL: 417.50 * 49703 08/29/11 01 ADMIN SERVICES-CANNONBALL AND 01-640-54-00-•5465 334.00 02 RT. 47 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 334.00 * CHECK TOTAL: 36,312.86 512485 ERICKSON ERICKSON CONSTRUCTION -Q- DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------------°------ 512485 ERICKSON ERICKSON CONSTRUCTION 120511 12/05/11 01 COMM/DEV-NOVEMBER 2011 01-220-54-00-5459 1,270.00 02 PLUMBING INSPECTIONS ** COMMENT ** INVOICE TOTAL: 1,270.00 CHECK TOTAL: 1,270.00 512486 EXELON EXELON ENERGY 200306900180 11/08/11 01 STREETS-LIGHTS 01-410-54-00-5480 181.02 INVOICE TOTAL: 181.02 200306900190 12/09/11 01 WATER OP-LIGHTS 51-510-54-00-5480 255.03 INVOICE TOTAL: 255.03 CHECK TOTAL: 436.05 512487 FARREN FARREN HEATING & COOLING 7420 12/01/11 01 STREETS-BEECHER HVAC REPAIR 01-410-56-00-5656 572.65 INVOICE TOTAL: 572.65 CHECK TOTAL: 572.65 512488 FOXRIDGE FOX RIDGE STONE 2479 12/01/11 01 WATER OP-PEA GRAVEL 51-510-56-00-5620 494.76 INVOICE TOTAL: 494.76 CHECK TOTAL: 494.76 512489 GJOVIKFD GJOVIK FORD-MERCURY, INC. 267729 12/08/11 01 POLICE-MOUNT & BALANCE 1 TIRE 01-210-54-00-5495 12.00 INVOICE TOTAL: 12.00 CHECK TOTAL: 12.00 o._ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512490 HACH HACH COMPANY 7526385 12/02/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 192.29 INVOICE TOTAL: 192.29 CHECK TOTAL: 192.29 512491 HARRIS HARRIS COMPUTER SYSTEMS MN00001790 11/15/11 01 FINANCE-MSI ANNUAL MAINTENANCE 01-120-54-00-5462 11, 156.83 02 FEES ** COMMENT ** INVOICE TOTAL: 11,156.83 CHECK TOTAL: 11, 156.83 512492 HARTRICH HART, RICHARD 120611 12/06/11 01 POLICE-FBI TRAINING TRAVEL & 01-210-54-00-5415 2,000.00 02 LODGING REIMBURSEMENT AS PER ** COMMENT ** 03 SECTION 1C OF EMPLOYMENT ** COMMENT ** 04 CONTRACT ** COMMENT ** 05 POLICE-FBI TRAINING FEE 01-210-54-00-5412 2,000.00 06 REIMBURSEMENT AS PER SECTION ** COMMENT ** 07 1C OF EMPLOYMENT CONTRACT ** COMMENT ** INVOICE TOTAL: 4,000.00 * CHECK TOTAL: 4, 000.00 512493 HOMEDEPO HOME DEPOT 1142323 11/30/11 01 STREETS-FILTERS 01-410-56-00-5656 42.14 INVOICE TOTAL: 42.14 * 16684 12/01/11 01 WATER OP-BUSHING 51-510-56-00-5620 0.85 INVOICE TOTAL: 0.85 * 3016476 11/28/11 01 STREETS-EXIT BULBS 01-410-56-00-5656 21.42 INVOICE TOTAL: 21.42 * DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.W0W CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512493 HOMEDEPO HOME DEPOT 3016480 11/15/11 01 STREETS-EXIT BULBS 01-410-56-00-5656 19.88 INVOICE TOTAL: 19.88 * 3093217 11/28/11 01 STREETS-MERCHANDISE RETURN 01-410-56-00-5656 -21.42 02 CREDIT ** COMMENT ** INVOICE TOTAL: -21.42 * 6015448 11/15/11 01 STREETS-TIMERS 01-410-56-00-5656 19.94 INVOICE TOTAL: 19.94 * CHECK TOTAL: 82.81 512494 ILEAS ILLINOIS LAW ENFORCEMENT 2012 00000013 12/01/11 01 POLICE-MOBILE FIELD FORCE 01-210-54-00-5462 300.00 02 EQUIPMENT /SUPPLY FUND ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 512495 ILLUMBER IL VALLEY URBAN LUMBERJACKS 11986 12/08/11 01 STREETS-TREE REMOVAL 01-410-54-00-5458 1,225.00 INVOICE TOTAL: 1, 225.00 CHECK TOTAL: 1,225.00 512496 ILPD4778 ILLINOIS STATE POLICE 121211 12/12/11 01 ADMIN-BACKGROUND CHECK. 01-110-54-00-5462 34.25 INVOICE TOTAL: 34.25 CHECK TOTAL: 34.25 512497 ILPD4811 ILLINOIS STATE POLICE _11_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512497 ILPD4811 ILLINOIS STATE POLICE 121211 12/12/11 01 POLICE-BACKGROUND CHECK 01-210-54-00-5462 34.25 INVOICE TOTAL: 34.25 * CHECK TOTAL: 34.25 512498 INTEGRYS INTEGRYS ENERGY SERVICES, INC 18426688-1 12/05/11 01 WATER OP 2921 BRISTOL RIDGE 51-510-54-00-5480 6,898.49 INVOICE TOTAL: 6,898.49 18426691-1 12/05/11 01 WATER OP 2224 TREMONT STREET 51-510-54-00-5480 3,066.23 INVOICE TOTAL: 3,066.23 * 18434491-1 12/05/11 01 WATER OP-WELLS 3 & 4 51-510-54-00-5480 4,619.13 INVOICE TOTAL: 4,619.13 * 18434519-1 12/05/11 01 SEWER OP-420 FAIRHAVEN 52-520-54-00-5480 169.75 INVOICE TOTAL: 169.75 * CHECK TOTAL: 14, 753.60 512499 IPRF ILLINOIS PUBLIC RISK FUND 5383 12/05/11 01 ADMIN SERVICES-JANUARY WORKERS 01-640-52-00-5231 9,451.00 02 COMPENSATION ** COMMENT ** INVOICE TOTAL: 9,451.00 * CHECK TOTAL: 9, 451.00 512500 JOHNSOIL JOHNSON OIL COMPANY IL NP32290838 12/01/11 01 POLICE GASOLINE 01-210-56-00-5695 820.59 INVOICE TOTAL: 820.59 * CHECK TOTAL: 820.59 DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512501 JSHOES J'S SHOE REPAIR 8224-14 12/14/11 01 STREETS-BOOTS 01-410-56-00-5600 164.00 INVOICE TOTAL: 164.00 CHECK TOTAL: 164.00 512502 KCACP KENDALL COUNTY ASSOCIATION 858315 11/23/11 01 POLICE-CHIEF'S MONTHLY 01-210-54-00-5415 45.00 02 LUNCHEON MEETING ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512503 KCRECORD KENDALL COUNTY RECORD 113011-67 11/30/11 01 ADMIN-TREASURERS REPORT 01-110-54-00-5426 235.20 02 DEVELOPER ESCROW-GRANDE 90-034-34-00-0011 1,174.80 03 RESERVE PUBLIC HEARING ** COMMENT ** 04 WATER OP-EMPLOYMENT AD 51-510-54-00-5426 119.25 INVOICE TOTAL: 1,529.25 CHECK TOTAL: 1, 529.25 512504 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 121211 12/12/11 01 ADMIN-BOOKING FEES FOR PERIOD 01-000-24-00-2412 70.00 02 ENDING 11/30/11 ** COMMENT ** INVOICE TOTAL: 70.00 * CHECK TOTAL: 70.00 512505 KONICAMI KONICA MINOLTA BUSINESS 219553375 11/29/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 25.32 INVOICE TOTAL: 25.32 * DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512505 KONICAMI KONICA MINOLTA BUSINESS 219553376 11/29/11 01 ADMIN-COLOR COPIER CHARGES 01-110-54-00-5430 263.28 02 ADMIN-B/W COPIER CHARGES 01-110-54-00-5430 107.77 INVOICE TOTAL: 371.05 * 219553417 11/29/11 01 SEWER OP-COPIER CHARGES 52-520-54-00-5462 3.11 INVOICE TOTAL: 3.11 * 219553418 11/29/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 37.66 INVOICE TOTAL: 37.66 * 219553419 11/29/11 01 COMM/DEV-COLOR COPIER CHARGES 01-220-54-00-5430 55.56 02 COMM/DEV-B/W COPIER CHARGES 01-220-54-00-5430 53.98 INVOICE TOTAL: 109.54 * CHECK TOTAL: 546.68 512506 LARRABER RACHEL WRIGHT 120911 12/09/11 01 FINANCE-IGFOA PAYROLL & MSI 01-120-54-00-5415 70.30 02 TRAINING MILEAGE & TOLL ** COMMENT ** 03 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 70.30 CHECK TOTAL: 70.30 512507 LAWRENK LAWRENTZ, KEVIN 121511 12/15/11 01 WATER OP-REIMBURSEMENT FOR 51-510-54-00-5460 50.00 02 CDL LICENSE WRITTEN EXAM AS ** COMMENT ** 03 PER UNION CONTRACT ** COMMENT ** INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 512508 MCKIRGN RANDY MCKIRGAN _1d_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512508 MCKIRGN RANDY MCKIRGAN 71738 11/07/11 01 STREETS-DIESEL 01-410-56-00-5695 980.80 02 WATER OP-DIESEL 51-510-56-00-5695 980.80 03 SEWER OP DIESEL 52-520-56-00-5695 980.80 INVOICE TOTAL: 2,942.40 71916 11/30/11 01 STREETS-FUEL FOR CITY HALL 01-410-56-00-5656 651.33 02 GENERATOR ** COMMENT ** INVOICE TOTAL: 651.33 * 71917 11/30/11 01 WATER OP DIESEL 51-510-56-00-5695 2,588.94 INVOICE TOTAL: 2,588.94 * CHECK TOTAL: 6, 182.67 512509 MEADE MEADE ELECTRIC COMPANY, INC. 652976 11/28/11 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-56-00-5640 1,098.21 02 @ US 34 & SYCAMORE ** COMMENT ** INVOICE TOTAL: 1,098.21 * 652977 11/28/11 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-56-00-5640 857.50 02 @ RT 126 & RT 171 ** COMMENT ** INVOICE TOTAL: 857.50 * 652978 11/28/11 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-56-00-5640 1,352.53 02 @ IL 47 & SOMONAUK ** COMMENT ** INVOICE TOTAL: 1,352.53 * CHECK TOTAL: 3,308.24 512510 MENLAND MENARDS - YORKVILLE 20991 09/27/11 01 WATER OP ANCHORS, MASONRY BIT 51-510-56-00-5620 3.72 INVOICE TOTAL: 3.72 * _�S_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512510 MENLAND MENARDS - YORKVILLE 21132 09/28/11 01 SEWER OP-CLEANER, APPLICATOR, 52-520-56-00-5620 14.47 02 TOWEL ** COMMENT ** INVOICE TOTAL: 14.47 * 21148 09/28/11 01 STREETS WATER, WINDSHIELD WASH 01-410-54-00-5495 10.92 INVOICE TOTAL: 10.92 * 21399 09/29/11 01 SEWER OP-UPHOLSTERY CLEANER 52-520-56-00-5620 4.98 INVOICE TOTAL: 4.98 * 21426 09/29/11 01 WATER OP-COUPLING, ALL PURPOSE 51-510-56-00-5638 12.31 02 WASH ** COMMENT ** INVOICE TOTAL: 12.31 * 34108 11/16/11 01 STREETS-CABLE PULLER 01-410-56-00-5640 29.98 INVOICE TOTAL: 29.98 * 38965 12/01/11 01 POLICE-WINDEX 01-210-56-00-5620 2.97 INVOICE TOTAL: 2.97 * 39163 12/01/11 01 POLICE-PAINT ROLLER, FLAG KIT, 01-210-56-00-5620 82.06 02 OAK KNOBS, PAPER TOWELS, PAINT ** COMMENT ** INVOICE TOTAL: 82.06 * 39286 12/02/11 01 POLICE-PAINT 01-210-56-00-5610 14.97 INVOICE TOTAL: 14.97 * 39398 12/02/11 01 POLICE-RETURNED MERCHANDISE 01-210-56-00-5620 -1.00 02 CREDIT ** COMMENT ** INVOICE TOTAL: -1.00 * 40764 12/07/11 01 WATER OP-GLOVES 51-510-56-00-5600 14.99 02 WATER OP-AIR FRESHENER 51-510-56-005620 2.43 INVOICE TOTAL: 17.42 * DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512510 MENLAND MENARDS - YORKVILLE 41329 12/09/11 01 WATER OP-BATTERIES 51-510-56-00-5600 7.98 INVOICE TOTAL: 7.98 * CHECK TOTAL: 200.78 512511 MERLIN MERLIN 200,000 MILE SHOPS 14047 11/23/11 01 POLICE WIPER BLADES 01-210-54-00-5495 23.96 INVOICE TOTAL: 23.96 * 14275 12/06/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 14307 12/08/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 83.86 512512 MIDAM MID AMERICAN WATER 72690A 11/22/11 01 WATER OP-B-BOX EXTENSION 51-510-56-00-5620 288.00 INVOICE TOTAL: 288.00 * 90766A 11/15/11 01 WATER OP-NEW TRAFFIC KIT 51-510-56-00-5664 151.00 INVOICE TOTAL: 151.00 * CHECK TOTAL: 439.00 512513 MJELECT MJ ELECTRICAL SUPPLY, INC. 1125243-00 11/07/11 01 STREETS-SPLICE KIT 01-410-56-00-5640 12.00 INVOICE TOTAL: 12.00 * 1125243-01 11/21/11 01 STREETS-SPLICE KIT 01-410-56-00-5640 60.00 INVOICE TOTAL: 60.00 * _17_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512513 MJELECT MJ ELECTRICAL SUPPLY, INC. 1125571-00 11/25/11 01 STREETS—BULBS 01-410-56-00-5656 27.00 INVOICE TOTAL: 27.00 * 1125572-00 11/25/11 01 STREETS—BALLAST 01-410-56-00-5656 31.00 INVOICE TOTAL: 31.00 * 1125657-00 12/02/11 01 WATER OP—PHOTO CELL 51-510-56-00-5638 13.50 INVOICE TOTAL: 13.50 * 1125680-00 12/05/11 01 STREETS—PHOTOCONTROL, PLASTIC 01-410-56-00-5640 376.60 02 TAPE, FUSE HOLDER, BULBS, ** COMMENT ** 03 BOOTS ** COMMENT ** INVOICE TOTAL: 376.60 * 1125680-01 12/06/11 01 STREETS-BULBS 01-410-56-00-5640 64.00 INVOICE TOTAL: 64.00 * 1125680-02 12/07/11 01 STREETS PHOTOCONTROL 01-410-56-00-5640 141.30 INVOICE TOTAL: 141.30 * 1125735-00 12/06/11 01 STREETS—BULBS 01-410-56-00-5656 47.30 INVOICE TOTAL: 47.30 * 1125738-01 12/07/11 01 STREETS—PHOTOCONTROL 01-410-56-00--5640 75.00 INVOICE TOTAL: 75.00 * 1125739-00 12/06/11 01 STREETS—BALLAST 01-410-56-00-5656 27.90 INVOICE TOTAL: 27.90 * 1125787-00 12/08/11 01 STREETS—PHOTOCONTROL, BULBS, 01-410-56-00-5640 260.50 02 FUSES, BALLAST KIT ** COMMENT ** INVOICE TOTAL: 260.50 * CHECK TOTAL: 1, 136.10 �o DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512514 NASALT NORTH AMERICAN SALT COMPANY 70760278 11/23/11 01 MFT-SALT 15-155-56-00-5618 39,613.73 INVOICE TOTAL: 39,613.73 CHECK TOTAL: 39,613.73 512515 NCI NORTHWEST COLLECTORS INC 069825 08/26/11 01 POLICE-COMMISSION ON 01-210-54-00-5467 68.00 02 COLLECTIONS ** COMMENT ** INVOICE TOTAL: 68.00 CHECK TOTAL: 68.00 512516 NEMRT NORTH EAST MULTI-REGIONAL 150819 11/23/11 01 POLICE--LAW REVIEW TRAINING 01-210-54-00-5412 100.00 INVOICE TOTAL: 100.00 CHECK TOTAL: 100.00 512517 NICOR NICOR GAS 00-41-22-8748 4-1111 12/06/11 01 ADMIN-1107 PRAIRIE LANE 01-110-54-00-5480 44.30 INVOICE TOTAL: 44.30 15-41-50-1000 6-1111 12/07/11 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 209.19 INVOICE TOTAL: 209.19 15-64-61 3532 5-1111 12/06/11 01 ADMIN-1991 CANNONBALL TRAIL 01-110-54-00-5480 33.62 INVOICE TOTAL: 33.62 20-52-56-2042 1-1111 12/07/11 01 ADMIN-420 FAIRHAVEN 01-110-54-00-5480 79.36 INVOICE TOTAL: 79.36 23-45-91-4862 5-1111 12/02/11 01 ADMIN-101 BRUELL STREET 01-110-54-00-5480 83.36 INVOICE TOTAL: 83.36 _1Q_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512517 NICOR NICOR GAS 31-61-67-2493 1-1111 12/06/11 01 ADMIN-276 WINDHAM CIRCLE 01-110-54-00-5480 23.52 INVOICE TOTAL: 23.52 * 45-12-25-4081 3-1111 12/02/11 01 ADMIN-201 W HYDRAULIC 01-110-54-00-5480 161.67 INVOICE TOTAL: 161.67 * 46-69-47-6727 1-1111 12/06/11 01 ADMIN-1975 BRIDGE STREET 01-110-54-00-5480 73.02 INVOICE TOTAL: 73.02 * 49-25-61-1000 5-1111 12/02/11 01 ADMIN-1 VAN EMMON RD 01-110-54-00-5480 76.83 INVOICE TOTAL: 76.83 * 66-70-44-6942 9-1111 12/07/11 01 ADMIN-100 RAINTREE RD 01-110-54-00-5480 85.46 INVOICE TOTAL: 85.46 * 77-35-71-1000 4-1111 12/07/11 01 ADMIN-131 E. HYDRAULIC 01-110-54-00-5480 65.96 INVOICE TOTAL: 65.96 * 83-80-00-1000 7-091A 10/12/11 01 ADMIN-610 TOWER LANE UNIT B 01-110-54-00-5480 2.71 INVOICE TOTAL: 2.71 * CHECK TOTAL: 939.00 512518 OFFWORK OFFICE WORKS 198778-CITY 12/05/11 01 SEWER OP-TONER, LEGAL PADS 52-520-56-00-5610 450.43 INVOICE TOTAL: 450.43 * CHECK TOTAL: 450.43 512519 OHERROND RAY O'HERRON COMPANY, INC. 0045317-IN 11/21/11 01 POLICE-SHOES 01-210-56-00-5600 46.95 INVOICE TOTAL: 46.95 * _qn- DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512519 OHERROND RAY O'HERRON COMPANY, INC. 0045318-IN 11/21/11 01 POLICE-FOOTWEAR CARE KIT, 01-210-56-00-5600 639.35 02 BATON, FLASHLIGHT, HOLSTER, ** COMMENT ** 03 CUFF CASE, HAT BADGE, BELTS, ** COMMENT ** 04 GLOVES, GUN CLEANING KIT ** COMMENT ** INVOICE TOTAL: 639.35 * 0045319-IN 11/21/11 01 POLICE-FLASHLIGHT, TECH SPRAY 01-210-56-00-5600 187.80 INVOICE TOTAL: 187.80 * 0045323-IN 11/21/11 01 POLICE-5 AMERICAN FLAG COMM 01-210-56-00-5600 91.50 02 BARS ** COMMENT ** INVOICE TOTAL: 91.50 * 0045364-IN 11/22/11 01 POLICE-SHIRTS, PANTS 01-210-56-00-5600 142.90 INVOICE TOTAL: 142.90 * 0045440-IN 11/23/11 01 POLICE-SERVICE BARS, SHIRTS, 01-210-56-00-5600 768.00 02 PANTS, RAINCOAT, JACKET, BOOTS ** COMMENT ** 03 NAMEPLATE, HAT COVER ** COMMENT ** INVOICE TOTAL: 768.00 * 0045799-IN 12/02/11 01 POLICE-SHIRTS, JACKET 01-210-56-00-5600 269.31 INVOICE TOTAL: 269.31 * CHECK TOTAL: 2, 145.81 512520 ORRK KATHLEEN FIELD ORR & ASSOC. 13616 12/04/11 01 DEVELOPER ESCROW-312 WALTER 90-033-33-00-0011 323.75 02 STREET LEGAL MATTERS ** COMMENT ** 03 ADMIN SERVICES-GENERAL LEGAL 01-640-54-00-5456 2,321.75 04 MATTERS ** COMMENT ** 05 DEVELOPER ESCROW-AUTUMN 90-019-19-00-0011 1,433.75 06 CREEK LEGAL MATTERS ** COMMENT ** 7Y_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------------- 512520 ORRK KATHLEEN FIELD ORR & ASSOC. 13616 12/04/11 07 DEVELOPER ESCROW-GRANDE 90-030-30-00-0011 1,202.50 08 RESERVE LEGAL MATTERS ** COMMENT ** 09 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5456 222.00 10 PLACE LEGAL MATTERS ** COMMENT ** 11 ADMIN SERVICES-MEETINGS 01-640-54-00-5456 1,000.00 12 DOWNTOWN TIF-LEGAL MATTERS 88-880-54-00-5466 314.50 13 DEVELOPER ESCROW-WORSLEY 90-032-32-00-0011 1,110.00 14 GAWNE LANE LEGAL MATTERS ** COMMENT ** INVOICE TOTAL: 7,928.25 CHECK TOTAL: 7,928.25 512521 PARADISE PARADISE CAR WASH 222227 12/02/11 01 POLICE-NOVEMBER CAR WASHES 01-210-54-00-5495 28.00 INVOICE TOTAL: 28.00 CHECK TOTAL: 28.00 512522 PATTEN PATTEN INDUSTRIES, INC. P53C0122365 11/29/11 01 SEWER OP-OIL FOR LIFT STATIONS 52-520-56-00-5640 41.58 INVOICE TOTAL: 41.58 P53CO122545 12/08/11 01 WATER OP-FILTER, OIL, OIL 51-510-54-00-5495 212.07 02 HYDRO ** COMMENT ** INVOICE TOTAL: 212.07 CHECK TOTAL: 253.65 512523 PFPETT P.F. PETTIBONE & CO. 23946 11/28/11 01 POLICE-2,000 COMPLAINT TICKETS 01-210-54-00-5430 698.37 INVOICE TOTAL: 698.37 CHECK TOTAL: 698.37 _99_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512524 R0000989 JAY MURRY 121211 12/12/11 01 ADMIN-OVERPAYMENT REFUND OF 01-000-43-00-4320 50.00 02 ADJUDICATION FINE ** COMMENT ** INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 512525 R0000990 FRED KREPPERT 120311 12/12/11 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 100.00 INVOICE TOTAL: 100.00 * CHECK TOTAL: 100.00 512526 RUSITYORK RUSH-COPLEY HEALTHCARE 5197 12/01/11 01 POLICE-PREEMPLOYEMENT EXAM 01-210-54-00-5462 120.00 INVOICE TOTAL: 120.00 * CHECK TOTAL: 120.00 512527 SHELL SHELL OIL CO. 065159923112-PW 12/06/11 01 STREETS-GASOLINE 01-410-56-00-5695 710.49 02 WATER OP-GASOLINE 51-510-56-00-5695 710.49 03 SEWER OP-GASOLINE 52-520-56-00-5695 710.49 INVOICE TOTAL: 2, 131.47 CHECK TOTAL: 2, 131.47 512528 SOEBBINR ROMAN SOEBBING 120911 12/09/11 01 POLICE-EVIDENCE TECH TRAINING 01-210-54-00-5415 36.34 02 MEAL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 36.34 CHECK TOTAL: 36.34 on DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512529 STEVENS STEVEN'S SILKSCREENING 3174 10/05/11 01 POLICE-GARMENT EMBROIDERY 01-210-56-00-5600 120.00 INVOICE TOTAL: 120.00 * 3396 11/26/11 01 POLICE-COLD GEAR SHIRTS 01-210-56-00-5600 256.00 INVOICE TOTAL: 256.00 * CHECK TOTAL: 376.00 512530 STREICH STREICHERS I881606 11/18/11 01 POLICE-2 VESTS 01-210-56-00-5600 1,215.00 INVOICE TOTAL: 1,215.00 * I882537 11/22/11 01 POLICE-PANTS 01-210-56-00-5600 49.98 INVOICE TOTAL: 49.98 * I886795 12/08/11 01 POLICE-BADGES 01-210-56-00-5600 179.99 INVOICE TOTAL: 179.99 * I886796 12/08/11 01 POLICE-BADGE 01-210-56-00-5600 93.99 INVOICE TOTAL: 93.99 * CHECK TOTAL: 1, 538.96 512531 SUBURBAN SUBURBAN CHICAGO NEWS 112711 11/27/11 01 WATER OP-26 WEEK SUBSCRIPTION 51-510-54-00-5460 57.20 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 57.20 * CHECK TOTAL: 57.20 512532 TRCONTPR TRAFFIC CONTROL & PROTECTION 71389 12/08/11 01 MFT-10 STOP SIGNS 15-155-56-00-5619 305.50 INVOICE TOTAL: 305.50 * CHECK TOTAL: 305.50 _9n_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512533 TUFFY KRIBBS AUTOMOTIVE, INC 26413 12/03/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 26459 12/06/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 59.90 512534 USCALVAR U.S. CAVALRY SI 1731843 11/23/11 01 POLICE-FIELD BOOTS 01-210-56-00-5600 151.00 INVOICE TOTAL: 151.00 CHECK TOTAL: 151.00 512535 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T00000716858 11/25/11 01 HEALTH & SANITATION-NOVEMBER 01-540-54-00-5442 99,437.50 02 SERVICE ** COMMENT ** INVOICE TOTAL: 99,437.50 CHECK TOTAL: 99,437.50 512536 VIKICHEM VIKING CHEMICAL COMPANY 223891 12/08/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 519.15 INVOICE TOTAL: 519.15 * CHECK TOTAL: 519.15 512537 WAREHOUS WAREHOUSE DIRECT 1354162-0 11/23/11 01 ADMIN-BATTERIES, TAPE 01-110-56-00-5610 16.45 INVOICE TOTAL: 16.45 * CHECK TOTAL: 16.45 _9r_ DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512538 WERDERW WALLY WERDERICH 120611 12/06/11 01 POLICE-11/09/11 & 11/23/11 01-210-54-00-5467 300.00 02 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 * CHECK TOTAL: 300.00 512539 WHOLTIRE WHOLESALE TIRE 139705 11/23/11 01 POLICE-TIRE REPAIR 01-210-54-00-5495 15.00 INVOICE TOTAL: 15.00 * 139774 12/02/11 01 POLICE-TIRE MOUNT & BALANCE 01-210-54-00-5495 27.00 INVOICE TOTAL: 27.00 * CHECK TOTAL: 42.00 512540 WINDCREK WINDING CREEK NURSERY, INC 164566 10/18/11 01 ADMIN-TREE 01-000-24-00-2426 110.00 INVOICE TOTAL: 110.00 * CHECK TOTAL: 110.00 512541 WTRPRD WATER PRODUCTS, INC. 0229884 12/07/11 01 WATER OP-2 BAND REPAIR CLAMPS, 51-510-56-00-5638 562.78 02 2 6" OMEGA COUPLINGS ** COMMENT ** INVOICE TOTAL: 562.78 * CHECK TOTAL: 562.78 512542 YBSD YORKVILLE BRISTOL 0551-009039942 11/30/11 01 WATER OP-NOVEMBER SERVICE 51-510-56-00-5638 5,938.12 INVOICE TOTAL: 5,938.12 * CHECK TOTAL: 5, 938.12 DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------------------------------- 512543 YBSD YORKVILLE BRISTOL 120111 12/01/11 01 TRUST & AGENCY-NOVEMBER 2011 95-000-78-00-9008 206,869.25 02 SANITARY FEES ** COMMENT ** INVOICE TOTAL: 206,869.25 CHECK TOTAL: 206,869.25 512544 YORKACE YORKVILLE ACE & RADIO SHACK 141385 12/02/11 01 POLICE-SCREW 01-210-56-00-5620 0.36 INVOICE TOTAL: 0.36 CHECK TOTAL: 0.36 512545 YORKCLER YORKVILLE CLERK'S ACCOUNT 150250 12/07/11 01 WATER OP-FILING AND RELEASE 51-510-54-00-5462 98.00 02 OF WATER LIENS ** COMMENT ** INVOICE TOTAL: 98.00 CHECK TOTAL: 98.00 512546 YORKGFPC PETTY CASH 120511 12/05/11 01 FINANCE-"PAID" STAMPER 01-120-56-00-5610 7.99 INVOICE TOTAL: 7.99 CHECK TOTAL: 7.99 512547 YORKGLAS YORKVILLE GLASS & MIRROR 4759 09/23/11 01 STREETS-GLASS 01-410-56-00-5640 32.50 INVOICE TOTAL: 32.50 CHECK TOTAL: 32.50 DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512548 YORKNAPA YORKVILLE NAPA AUTO PARTS 981609 11/02/11 01 WATER OP-TRASH PUMP PARTS 51-510-56-00-5640 12.58 INVOICE TOTAL: 12.58 * 981892 11/04/11 01 WATER OP-OIL FILTERS 51-510-56-00-5640 40.72 INVOICE TOTAL: 40.72 * 982128 11/07/11 01 STREETS-BRAKE CLEANER 01-410-54-00-5495 15.63 INVOICE TOTAL: 15.63 * 982169 11/07/11 01 STREETS-OIL 01-410-54-00-5495 44.76 INVOICE TOTAL: 44.76 * 982998 11/14/11 01 STREETS-OIL FILTER 01-410-54-00-5495 10.22 INVOICE TOTAL: 10.22 * 984427 11/28/11 01 STREETS-BULB 01-410-54-00-5495 40.75 INVOICE TOTAL: 40.75 * 984471 11/29/11 01 STREETS-BULB, DIELECT 01-410-54-00-5495 20.26 INVOICE TOTAL: 20.26 * 984485 11/29/11 01 STREETS-TRANS FLUID 01-410-54-00-5495 24.92 INVOICE TOTAL: 24.92 * 984563 11/29/11 01 STREETS-RELAY 01-410-54-00-5495 9.49 INVOICE TOTAL: 9.49 * CHECK TOTAL: 219.33 512549 YORKPDPC YORKVILLE POLICE DEPT. 121211 12/12/11 01 POLICE-LAMINATING MAPS FOR SGT 01-210-54-00-5411 24.00 02 PROMOTIONAL TEST ** COMMENT ** 03 POLICE-HARLEY DAVIDSON 01-210-56-00-5620 29.00 10 DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 09:19:47 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/27/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512549 YORKPDPC YORKVILLE POLICE DEPT. 121211 12/12/11 04 REGISTRATION, RECORDING TAPES ** COMMENT ** INVOICE TOTAL: 53.00 * CHECK TOTAL: 53.00 512550 YORKSELF YORKVILLE SELF STORAGE, INC 112311 45 11/23/11 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 75.00 512551 YOUNGM MARLYS J. YOUNG 110911 12/03/11 01 DEVELOPER ESCROW-11/09 PLAN 90-032-32-00-0011 31.00 02 COMMISSION MEETING MINUTES ** COMMENT ** 03 REGARDING WORSLEY ST. REZONING ** COMMENT ** 04 DEVELOPER ESCROW-11/09 PLAN 90-019-19-00-0011 31.00 05 COMMISSION MEETING MINUTES ** COMMENT ** 06 REGARDING AUTUMN CREEK ** COMMENT ** INVOICE TOTAL: 62.00 * 111711 11/17/11 01 ADMIN-NOVEMBER 17 ADMIN 01-110-54-00-5462 74.50 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 74.50 * CHECK TOTAL: 136.50 TOTAL AMOUNT PAID: 569,855.96 I)n DATE: 12/20/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 10:37:43 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/20/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512552 YORKPOST YORKVILLE POSTMASTER 122011 12/20/11 01 WATER OP-PENALTY BILL POSTAGE 51-510-54-00-5452 286.80 INVOICE TOTAL: 286.80 CHECK TOTAL: 286.80 TOTAL AMOUNT PAID: 286.80 on_ UNITED CITY OF YORKVILLE PAYROLL SUMMARY 11/30/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR & LIQ. COM. $ 908.34 $ - $ 908.34 $ - $ 69.49 $ 977.83 CLERK 741.67 - 741.67 22.98 45.02 809.67 TREASURER 500.00 - 500.00 47.55 38.25 585.80 ALDERMAN 3,800.00 - 3,800.00 361.38 238.05 4,399.43 TOTALS $ 5,950.01 $ - $ 5,950.01 $ 431.91 $ 390.81 $ 6,772.73 TOTAL PAYROLL $ 6,772.73 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 12/22/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 9,049.75 $ - $ 9,049.75 $ 860.64 $ 638.51 $ 10,548.90 FINANCE 8,677.38 - 8,677.38 825.23 655.00 10,157.61 POLICE 72,384.81 3,066.69 75,451.50 429.84 5,540.31 81,421.65 COMMUNITY DEV. 7,019.30 - 7,019.30 664.25 523.53 8,207.08 STREETS 9,688.26 743.63 10,431.89 992.09 774.22 12,198.20 WATER 11,153.61 54.42 11,208.03 1,065.87 824.32 13,098.22 SEWER 5,521.24 - 5,521.24 525.06 413.08 6,459.38 PARKS 13,849.54 - 13,849.54 1,317.09 1,027.07 16,193.70 RECREATION 9,291.53 - 9,291.53 861.62 679.12 10,832.27 REC. CENTER 7,957.19 - 7,957.19 423.66 608.85 8,989.70 LIBRARY 16,675.64 - 16,675.64 889.50 1,247.91 18,813.05 TOTALS $ 171,268.25 $ 3,864.74 $ 175,132.99 $ 8,854.85 $ 12,931.92 $ 196,919.76 TOTAL PAYROLL $ 196,919.76 UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, December 27, 2011 PAYROLL DATE ELECTED OFFICIAL 12/16/2011 $6,772.73 BI-WEEKLY 12/22/2011 $196,919.76 TOTAL PAYROLL $203,692.49 ACCOUNTS PAYABLE BILLS LIST 12/13/2011 $569,855.96 MANUAL BILL LIST - YORKVILLE POST OFFICE 12/20/2011 $286.80 TOTAL BILLS PAID $570,142.76 WIRE TRANSFERS TOTAL WIRE TRANSFERS $0.00 TOTAL DISBURSEMENTS $773,835.25 00 ,00,0 C/ry Reviewed By: Agenda Item Number ° ❑ Legal CA#2 Finance ■ EST. `1` isas Engineer El�-\ Tracking Number -G e� ` City Administrator ❑ 0gf � .�� ® Consultant El Ka-KC-M ADM 2011-70 <L E ❑ Agenda Item Summary Memo Title: Treasurer's Report for November 2011 Meeting and Date: City Council— 12/27/11 Synopsis: Council Action Previously Taken: Date of Action: Admin. 12/15/11 Action Taken: Move forward to City Council consent agenda. Item Number: ADM 2011-70 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE TREASURER'S REPORT-for the period ended November 30,2011 Cash Basis %of %of Projected BGN Fund November Revenues YTD November Expenses YTD Ending Fund Balance Revenues YTD Revenues Budget Budget Expenses YTD Expenses Budget Budget Balance General Fund 01-General (271,900) 873,711 8,355,524 11,823,874 71% 687,353 6,305,992 11,059,992 57% 1,777,633 Special Revenue Funds 15-Motor Fuel Tax 640,399 36,191 315,850 1,011,000 31% 18,956 91,361 661,000 14% 864,889 79-Parks and Recreation 231,558 79,673 817,857 1,175,710 70% 86,526 691,661 1,189,210 58% 357,754 72-Land Cash (388,625) 1,026 19,486 420,500 5% 20,170 239,842 301,084 80% (608,981) 85-Fox Industrial TIF 569,790 5,882 259,327 - 0% 86,074 176,410 - 0% 652,707 87-Countryside TIF 2,178,550 223 5,687 10,250 55% 240,980 306,829 307,543 100% 1,877,408 88-Downtown TIF 209,760 1,837 67,901 88,550 77% 779 5,099 536,840 1% 272,562 11 -Fox Hill SSA 17,942 61 3,791 3,786 100% 614 3,989 3,804 105% 17,744 12-Sunflower SSA 11,922 355 7,536 7,530 100% 520 6,536 9,078 72% 12,923 Debt Service Fund 42-Debt Service 8,653 14,959 463,842 427,919 108% - 69,334 428,669 16% 403,161 Capital Funds 16-Municipal Building (587,024) 300 5,700 5,250 109% - - - - (581,324) 22-Park and Recreation Capital 51,443 985 2,743 2,830 97% 292 2,042 123,500 2% 52,144 20-Police Capital 194,947 14,972 28,698 21,500 133% - 95 54,000 0% 223,549 21-Public Works Capital 108,743 2,119 35,383 35,900 99% 7,093 60,989 92,595 66% 83,136 23-City-Wide Capital 652 14,818 114,816 416,600 28% 1,171 127,220 360,000 35% (11,751) Enterprise Funds* 51-Water 695,723 15,035 1,573,722 2,694,979 58% 101,585 1,274,589 2,571,858 50% 994,856 52-Sewer 2,377,831 312,931 2,734,224 3,105,490 88% 1,280,311 1,997,254 2,919,989 68% 3,114,801 80-Recreation Center (195,087) 54,413 357,022 611,000 58% 50,695 400,087 691,738 58% (238,152) Library Funds 82-Library Operations 317,336 15,055 1,038,251 1,069,450 97% 56,487 705,429 1,060,275 67% 650,158 83-Library Debt Service - 13,347 718,939 720,800 100% - 185,400 720,800 26% 533,539 84-Library Development Fees - 250 339,864 341,000 100% - 339,609 336,500 101% 255 Total Funds 6,172,614 1,458,143 17,266,163 23,993,918 72% 2,639,605 12,989,766 23,428,475 55% 10,449,011 As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. William Powell,Treasurer Prepared by the Finance Department *Fund Balance Equivalent ±,Q ED cli Reviewed By: Agenda Item Number p J Legal ❑ CA#3 ' Finance ■ EST. '�, '--�_ _ 1$36 Engineer ❑ ... Tracking Number (� CO City Administrator ■ ;A .N�°' O Consultant ❑ i-1 1A + ❑ ADM 2011-72 �C4.E Agenda Item Summary Memo Title: Bond Abatement Ordinances Meeting and Date: City Council—December 27, 2011 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: 2♦,��D C/rY A Memorandum 1838 EST To: Mayor&City Council `� �` From: Rob Fredrickson, Finance Director 0 I® � Date: December 8, 2011 �I ?p Subject: Bond Abatements <kE The first attached spreadsheet shows the actual and proposed bond abatements for 2010 and 2011. In 2010, the 2004B, 2007A, 2005D, 2008 and 2005A bonds were not abated,resulting in $2,212,735 being added to the property tax rolls. This year it is the recommendation of staff that only the 2004B, 2007A and 2005A bonds be included in the City's corporate levy, which is a debt service reduction of 67% in comparison to the previous year. The second attachment is a chart and graph from Administrator Olson showing the proposed City levy (excluding Library levy estimates) and debt service amounts to not be abated starting in fiscal year 2013. This attachment illustrates the City's long term goal of offsetting any increase in the City's corporate levy, by a larger decrease in the amount of debt service included in the property tax rolls. The ordinances abating the 2002 Fox Industrial, 2005 Countryside and 2005C bonds are included for your consideration. The abatement ordinances for the 2004B, 2007A and 2005A bonds are not included, since no action is required to not abate them. Tax Levy Year: 2010(Last Year) Tax Levy Year: 2011(Current Year) Bonds that were Abated-Actual Bonds to be Abated-Proposed Debt Service Debt Service Bond Issue Amount Fund Bond Issue Amount Fund 2002 Fox Industrial 76,783 Fox Industrial TIF 2002 Fox Industrial 78,563 Fox Industrial TIF 2005 Countryside 306,143 Countryside TIF 2005 Countryside 304,668 Countryside TIF 2005C 167,725 Water 2005C 164,575 Water Total 550,651 Total 547,806 Bonds that were NOT Abated-Actual Bonds to NOT be Abated-Proposed 20048 258,650 Sewer 2004B 263,850 Sewer 2007A 133,866 Water 2007A 133,454 Water 2005D 1,385,950 Sewer 2005D* 0 Sewer 2008 110,090 Sewer 2008* 0 Sewer 2005A 324,179 Debt Service 2005A 326,379 Debt Service Total 2,212,735 Total 723,683 *The 2005D and 2008 bonds were refunded by the 2011 Bond-which will be funded by Non-Home Rule Sales Taxes. Chart 3 FY 2012 2013 2014 2015 2016 2017 City property tax(non-library,estimate) $2,600,000 $2,639,000 $2,691,780 $2,745,616 $2,800,528 $2,856,538 Non-abatement property taxes $2,212,735 $730,000 $590,000 $460,000 $320,000 $250,000 Total $4,812,735 $3,369,000 $3,281,780 $3,205,616 $3,120,528 $3,106,538 Percentage change each year -30.0% -2.6% -2.3% -2.7% -0.4% $6,000,000 i $5,000,000 — $4,000,000 — $3,000,000 — Non-abatement property taxes F $2,000,000 0 City property tax(non-library) Ip� $1,000,000 $0 —r- A� 2012 2013 2014 2015 2016 2017 — i a . ORDINANCE NO. ORDINANCE abating the tax hereto levied for the year 2011 to pay the principal of and interest on $3,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005, of the United City of Yorkville, Kendall County, Illinois. WHEREAS, the City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2005-22, adopted on the 8th day of March, 2005 (the "Ordinance"), did provide for the issue of $3,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005 (the "Bonds"), and the levy of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and WHEREAS, the Pledged Revenues (as defined in the Ordinance) have been determined by the Treasurer to provide an amount not less than 1.00 times debt service of all Outstanding Bonds (as defined in the Ordinance) in the next succeeding bond year (June 1 and December 1); and WHEREAS, the Pledged Revenues have been deposited in the Pledged Revenues Account of the 2005 Alternate Bond Fund (as created in the Ordinance) in an amount sufficient to pay debt service on all Outstanding Bonds in the next succeeding bond year; and WHEREAS, it is necessary and in the best interests of a the City that the tax heretofore levied for the year 2011 to pay the principal of and interest on the Bonds be abated; Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Abatement of Tax. The tax heretofore levied for the year 2011 in the Ordinance is hereby abated in its entirety. Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2011 in accordance with the provisions hereof. Section 3. Effective Date. This ordinance shall be in full force and effect forthwith upon its passage by the Corporate Authorities and signing and approval by the Mayor. ADOPTED by the Corporate Authorities on the 27th day of December, 2011, pursuant to a roll call vote as follows: LARRY KOT MARTY MUNNS GEORGE GILSON CARLO COLOSIMO CHRIS FUNKHOUSER ROSE SPEARS JACKIE MILSCHEWSKI DIANE TEELING APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 27th day of December, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 27th day of December, 2011. Attest: CITY CLERK STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kendall, Illinois, and as such official I do further certify that on the day of December , 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2011 to pay the principal of and interest on $3,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005, of the United City of Yorkville, Kendall County, Illinois. (the "Ordinance") duly adopted by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), on the 27th day of December, 2011, and that the same has been deposited in the official files and records of my office. I do further certify that the taxes heretofore levied for the year 2011 for the payment of the City's $3,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005, as described in the Ordinance will be abated in their entirety as provided in the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County this day of December , 2011. County Clerk [SEAL] b. ORDINANCE No. ORDINANCE abating the tax hereto levied for the year 2011 to pay the principal of and interest on $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C, of the United City of Yorkville, Kendall County, Illinois. WHEREAS the City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2005- 73, adopted on the 23rd day of August, 2005 (the "Ordinance"), did provide for the issue of $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C (the "Bonds"), and the levy of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance) available for the purpose of paying the principal of and interest on the Bonds during the next succeeding bond year; and WHEREAS it is necessary and in the best interests of the City that the tax heretofore levied for the year 2011 to pay the principal of and interest on the Bonds be abated; Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Abatement of Tax. The tax heretofore levied for the year 2011 in the Ordinance is hereby abated in its entirety. Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2011 in accordance with the provisions hereof. Section 3. Effective Date, This Ordinance shall be in full force and effect upon its passage and approval as provided by law. ADOPTED by the Corporate Authorities on the 27th day of December, 2011, pursuant to a roll call vote as follows: LARRY KOT MARTY MUNNS GEORGE GILSON DIANE TEELING JACKIE MILSCHEWSKI ROSE SPEARS CHRIS FUNKHOUSER CARLO COLOSWO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 27th day of December, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 27th day of December, 2011. Attest: CITY CLERK -2- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kendall, Illinois, and as such official I do further certify that on the day of December, 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2011 to pay the principal of and interest on $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C, of the United City of Yorkville, Kendall County, Illinois. (the "Ordinance") duly adopted by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), on the 27`h day of December, 2011, and that the same has been deposited in the official files and records of my office. I do further certify that the taxes heretofore levied for the year 2011 for the payment of the City's $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C, as described in the Ordinance will be abated in their entirety as provided in the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County this day of December , 2011 County Clerk [SEAL] C . ORDINANCE No. ORDINANCE abating the tax hereto levied for the year 2011 to pay the principal of and interest on $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002, of the United City of Yorkville, Kendall County, Illinois. WHEREAS the City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2002-03 , adopted on the 12t' day of March, 2002 (the "Ordinance"), did provide for the issue of $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002 (the "Bonds"), and the levy of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance) available for the purpose of paying the principal of and interest on the Bonds during the next succeeding bond year; and WHEREAS it is necessary and in the best interests of a the City that the tax heretofore levied for the year 2011 to pay the principal of and interest on the Bonds be abated; Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Abatement of Tax. The tax heretofore levied for the year 2011 in the Ordinance is hereby abated in its entirety. Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2011 in accordance with the provisions hereof. Section 3. Effective Date. This Ordinance shall be in full force and effect upon its passage and approval as provided by law. ADOPTED by the Corporate Authorities on the 27th day of December, 2011, pursuant to a roll call vote as follows: LARRY KOT MARTY MUNNS GEORGE GILSON CHRIS FUNKHOUSER JACKIE MILSCHEWSKI ROSE SPEARS CARLO COLOSIMO DIANE TEELING APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 27th day of December, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 27th day of December, 2011. Attest: CITY CLERK -2- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) FILING CERTIFICATE 1, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kendall, Illinois, and as such official I do further certify that on the day of December , 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2011 to pay the principal of and interest on $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002, of the United City of Yorkville, Kendall County, Illinois. (the "Ordinance") duly adopted by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), on the 27"' day of December, 2011, and that the same has been deposited in the official files and records of my office. I do further certify that the taxes heretofore levied for the year 2011 for the payment of the City's $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002, as described in the Ordinance will be abated in their entirety as provided in the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County this day of December 2011 County Clerk [SEAL] ,�1D C1�'y Reviewed By: Agenda Item Number w O J IN: Legal El CA#4 EST. isss Finance ■ Engineer ❑ Tracking Number co City Administrator ■ O Ix cowry sad ° x � O Consultant ❑❑ CC 2011-138 Agenda Item Summary Memo Title: Series 2005D and 2008 Bond Abatement Ordinances Meeting and Date: City Council—December 27, 2011 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Memorandum To: Mayor and City Council esr. 1836 From: Rob Fredrickson, Finance Director Date: December 21, 2011 Subject: 2005D & 2008 Bond Abatements The attached ordinances represent the final abatements that need to be filed with the County for the 2005D and 2008 bonds, which were refunded on October 25�h with the issuance of the 2011 Bonds. Approval of these ordinances is essentially a formality and will permanently abate all current and future debt service associated with the 2005D and 2008 bonds. ORDINANCE No. 2011- AN ORDINANCE ABATING THE TAX HERETO LEVIED FOR THE YEARS 2011 THROUGH 2014 TO PAY THE PRINCIPAL OF AND INTEREST ON THE$11,300,000 GENERAL OBLIGATION BONDS(ALTERNATE REVENUE SOURCE),SERIES 2005D,OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, the Mayor and City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2005-88, adopted on the 25th day of October, 2005 (the "Ordinance"), did provide for the issue of$11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D (the "Bonds"), and the levy of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and, WHEREAS, the City issued $11,150,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2011 by Ordinance No. 2011-59 adopted October 25, 2011 (the "Refunding Bonds") for the purpose of refunding the Bonds; and, WHEREAS, the City will have the Pledged Revenues (as defined in the Ordinance) available for the purpose of paying the principal of and interest on the Bonds from the Refunding Bonds for the remaining succeeding bond years from 2011 through 2014; and WHEREAS, it is necessary and in the best interests of a the City that the tax heretofore levied for the years 2011 through 2014 to pay the principal of and interest on the Bonds be abated. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Abatement of Tax. The taxes heretofore levied for the years 2011 through 2014 by Ordinance No. 2005-88 adopted October 25, 2005, providing for the issuance of $11,300,000 General Obligation Bonds ("Alternate Revenue Source") Series 2005D are hereby abated in its entirety. Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the years 2011 through 2014 in accordance with the provisions hereof. Section 3. Effective Date. This Ordinance shall be in full force and effect upon its passage and approval by the Corporate Authorities and signing and approval by the Mayor as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR ORDINANCE No. 2011- AN ORDINANCE ABATING THE TAX HERETO LEVIED FOR THE YEARS 2011 THROUGH 2016 TO PAY THE PRINCIPAL OF AND INTEREST ON THE$2,020,000 GENERAL OBLIGATION BONDS(ALTERNATE REVENUE SOURCE),SERIES 2008,OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, the Mayor and City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2008-125, adopted on the 22nd day of December, 2008 (the "Ordinance"), did provide for the issue of $2,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2008 (the "Bonds"), and the levy of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and, WHEREAS, the City issued $11,150,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2011 by Ordinance No. 2011-59 adopted October 25, 2011 (the "Refunding Bonds") for the purpose of refunding the Bonds; and, WHEREAS, the City will have the Pledged Revenues (as defined in the Ordinance) available for the purpose of paying the principal of and interest on the Bonds from the Refunding Bonds for the remaining succeeding bond years from 2011 through 2016; and WHEREAS, it is necessary and in the best interests of the City that the tax heretofore levied for the years 2011 through 2016 to pay the principal of and interest on the Bonds be abated. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Abatement of Tax. The taxes heretofore levied for the years 2011 through 2016 by Ordinance No. 2008-125 adopted December 22, 2008, providing for the issuance of $2,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2008, are hereby abated in its entirety. Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the years 2011 through 2016 in accordance with the provisions hereof. Section 3. Effective Date. This Ordinance shall be in full force and effect upon its passage and approval by the Corporate Authorities and signing and approval by the Mayor as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR lD C/ry Reviewed By: Agenda Item Number 0 J 0 ` T Legal ❑ Mayor#1 EST. , 1836 Finance El Engineer ❑ , g Agenda Item Tracking Number it W City Administrator 0� i` Consultant El_ CC 2011-139 C jC E `yv ❑ City Council Agenda Item Summary Memo Title: Resolution Acknowledging Satisfaction of Development Agreement(Reserve at the Fox River) Meeting and Date: CC/December 27, 2011 Synopsis: Requested resolution for recordation stating that the court-ordered provisions in the Development Agreement for the Reserve at the Fox River Apartments has been satisfied. Council Action Previously Taken: Date of Action: 12/10/2002 Action Taken: Development Agreement Approved Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached staff memorandum and supporting documents. .41 Memorandum �Z)� l To: City Council EST. 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson City Administrator p op C air {{{ Date: December 21, 2011 A� kpntl:C CowtJ `� E ,yy�+r Subject: Resolution Acknowledging Satisfaction of Development Agreement (Reserve at the Fox River Apartments) Background & Request In 1999, the owners of Landmark Center (Yorkville Marketplace), a 54-acre parcel which included the land where the Reserve at the Fox River Apartments are now located, won a judgment against the City after a denial for a rezoning application. The resulting Consent Order(see attached) was a written settlement agreement resolving the lawsuit and set forth the manner in which the various parcels within the Landmark Center site were to be developed. The only terms relevant to the Reserve at the Fox River Apartment site, located at 1222 -1352 Marketplace Drive, were provided under Section IV (B), which referenced the "Residential Area". There were two (2) subsequent amended Consent Orders in 2001 and 2007 which were immaterial to the apartment development. The recorded Development Agreement entered into on September 10, 2002 provides for the following with regard to the Reserve at the Fox River Apartments property: • Approved Landscape and Buffering Plan. • Approval to construct a 132-unit multifamily development constructed of at least 50% brick with parking and amenities as depicted in the referenced exhibits. • Clubhouse with brick on all four(4) elevations and on-site amenities. • Parking consisting of no less than 297 parking spaces of which 132 are enclosed and 165 are open parking spaces. • On-site amenities to include at a minimum a pool, a clubhouse and a tot lot with playground equipment. • Completion of roadway improvements of Marketplace Drive from Landmark Avenue to its intersection with McHugh Street, including curb, gutter,paving, street lighting and sidewalks on the northerly side of Marketplace Drive. • Cash in Lieu of Park Land contribution in the amount of$115,236.00. Staff was recently contacted by an attorney representing the contract purchaser of the Reserve at the Fox River Apartments regarding the Development Agreement recorded against the property. The purchaser's lender is concerned that with the Development Agreement still on the title, the new owner may be liable for any outstanding obligations required in the provisions of the Development Agreement. Therefore, they request a Resolution be approved by the City and recorded with the County acknowledging that the terms of the Development Agreement have been satisfied. Staff Recommendation Staff has verified that all the above terms of the Development Agreement for the Reserve at the Fox River have been satisfied and find no objection to the request. The City Attorney has reviewed the attached Resolution prepared by the purchaser's attorney and find it to be favorable. Should the City Council have any questions, staff and a representative for the Reserve at the Fox River development will be available at Tuesday night's meeting. �#ZXY_—t-V9JtransnP yyy 34 din d rm ? Y- 1352 - 1332 1342 32 1322 M CO tk .<4 �� k A►�ry�r47 � D►bdr4 � s L $ _ CO n IM Q WLFy{eartland-DT - } Sol United City of Yorkville GIS The Data is provided without warranty or any representation of x y accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. S STATE OF ILLINOIS J COUNTY OF KENDALL ) SS IN THE CIRCUIT FOR THE SIXTEENTH JUDICIAL CIRCUIT KENDALL COUNTY, ILLINOIS AMERICAN NATIONAL BANK and ) TRUST'COMPANY Of Chicago, not ) individually, but as Trustee under a J Trust Agreement-dated July 16, 1991, ) and known as Trust No. 114224-09, J and INLAND LAND APPRECIATION J FUND lt; P., a Delaware Limited J Partnership''- ) Plaintiffs, J No. 98 CH 19 VS. ) THE UNITED CITY OF THE VILLAGE J OF YORKVILLE, ) FILED J APR 0 1 1999 ) Defendant. ) SHIRLEY R. LEE GreW( Clerk Kendal Co, CONSENT ORDER The Plaintiffs, AMERICAN NATIONAL BANK and*TRUST COMPANY of Chicago, not individually, but as Trustee under a Trust Agreement dated July 16, 1991, and known as Trust No. 114224-09, and INLAND LAND APPRECIATION FUND II, L.P., a Delaware Lirhifed Partnership, herein collectively referred to as "Plaintiffs" and the City of Yorkville (the "City") by and through its'corporate authorities have agreed to the making of this Consent Order. These stipulated facts shall be the findings of fact by this Court and the conclusions herein shall be the conclusions of law by this court. I. Back d The Plaintiffs are Owners of two (2) vacant tracts of land commonly known as the Landmark Center which tracts are legally described on Exhibits "A" and "B" @ttachedhereto and made a part hereof ("the Landmark Center" or the "Subject Property ,). The Landmark Center consists of approximately fifty-four (54) acres. Yorkville.Cons.Ord EXHIBIT Final Drah _1- Plaintiffs filed applications with the City to rezone portions of the which portions consist of approximately Landmark Center tely 38.251 acres. The Landmark Center is located within the corporate limits of the City. Portions of the Landmark Center are currently zoned 13-1 8-2" and "B-3" under the terms and conditions of the City's Zoning Ordinance. The Plaintiff's rezoning application filed on December 16, 1997 sought to rezone the therein described portions of the Landmark Center to the "R-4" and "B-3" classifications under the City's Zoning Ordinance, The City conducted all the required public hearings and meetings necessary and appropriate to consider the rezoning application. The City.voted to deny the rezoning application on February 12, 1998, On February 17, 1998, the Plaintiffs filed the instant action for Declaratory and Injunctive Relief. The City answered the Plaintiff's Complaint and the parties participated in discovery. The parties have actively pursued resolution of the issues presented in this cause and have agreed to a comprehensive settlement of all issues, all of terms of such settlement are contained in this Consent Order. If Se_ttle�m lt The parties stipulate that,this Consent Order is entered into for the purpose of settlement only and that neither the fact that a party has.entered into .Order nor any of the facts or conclusions of law tipulated herein shall be Consent be used for any purpose in this or any other proceedings except to enforce the terms hereof by the parties to this Agreement. The undersigned representative for each party certifies that'he is full authorized by the pa y party whom.he represents to enter into the terms and conditions of this Consent Order and to legally bind the party he represents to the Consent Order. 111 Statement of Fa�t� The Landmark Center consists of vacant property which is generally located at the southeast corner of the intersection of Routes 47 and 34 in the City. The Plaintiffs intend to develop the_property as a mixed use development consisting of commercial, townhomes and apartments. Yorkville.Cons.Ord 02031999 Final Draft -2- • IV Develooment Terms The Plaintiffs shall be permitted to develop the Landmark Center in accordance with the existing or future ordinances of the City, whichever are less restrictive and the following additional terms and conditions: A. Commercial Area 1 The areas designated as "B-3" on the Site Plan (the "Commercial Areas") attached hereto marked as Exhibit "C" (the "Site Plan") shall be developed in conformance with the uses of the "B-3" zoning classification under the City Zoning Ordinance. The Commercial Areas are legally described on Exhibits L-3, L-4 and L- 5 attached hereto. 2. The City shall cooperate with the Plaintiff in order to secure the highway entrance/exit permits which are depicted on the Site Plan. The City shall approve such entrance/exit points which are depicted on the Site Plan and are under the control and jurisdiction of the City. 3• At the request of the City or the Illinois Department of Transportation, the Plaintiffs shall dedicate whatever right-of-way Js reasonably necessary to provide for intersection improvements 6 at the realigned McHugh Road and U.S. Route 34. 4. The Plaintiffs shall provide such cross transportation easements as are commercially reasonable in.order to provide for appropriate traffic management within the Landmark Center. 5• The Plaintiffs shall use reasonable efforts to develop the area marked as "Transition Area" on the Site Development Plan as a Commercial Area. In the event that the Plaintiffs are not successful in such commercial development with two (2) years from the date of this Order, then in that event, the Plaintiffs shall be permitted to develop undeveloped portions of the Transition I Area in conformance with the alternate Site Plan attached hereto I Yorkville.Cons.Ord 02031.999 Final Draft -3- marked as Exhibit "D" (the "Alternate Site Plan") as-apartments or townhomes in conformance with Section IV(B) hereof. The Plaintiffs shall be permitted to construct up to 7.99 additional units per gross acre on the undeveloped portions of the Transition Area. The Transition Area is legally described on Exhibit L-6 attached hereto. 6. Storm water management areas may be located anywhere within the Subject Property without regard as to whether they are in the actual area which they are designed to serve. 7. In the event the Plaintiffs sell or otherwise convey any of the Transition Area and such conveyance is contemplated to facilitate the commercial development of the Transition Area, -and if at the time of such conveyance the right-of-way for the "full access" depicted on the Site Plan which lies west of the property I hereinafter described on Exhibit L-5 has not been dedicated for public use, then in that event the Plaintiffs shall dedicate to the City that portion of the proposed right-of=way which extends from Route 34 to the south line of the property described on said Exhibit L-5. B. Residential Area 1. The Plaintiffs may construct up to one hundred forty-eight (148) apartment units in the area designated as "Apartments and/or Townhomes" on the attached Site Plan. In the sole discretion of the Plaintiffs townhome units may be substituted for apartments. 2. The Plaintiffs may construct up to sixty-two (62) townhome units in the area designated as "Townhomes" on the Site Plan. 3. The Plaintiffs shall set back all residential structures not less than the amount shown on the Site Plan (or Alternate Site Plan, if applicable) from any exterior property line of the Landmark Center which-is adjacent to a now existing Residential Structure. Yorkville.Cons.Ord 02031999 fiml Draft -4- 4• The Plaintiffs shall provide screening of the opacity set forth on the applicable Site Plan. 5. The Plaintiffs shall dedicate to the City the area designated as "Park Area" on the Site Plan. The Plaintiffs shall be given a credit for such park against the City's park contribution ordinance requirements. 6• Each townhome dwelling unit shall contain a two (2) car attached garage if required by Village Ordinance at the time of building permit.application. 7• Each apartment dwelling unit shall have one enclosed parking area if same is required by Village Ordinance at the time a building permit application is requested for an apartment building. C. General Conditions I• The Plaintiffs shall pay-all school, park and other impact contributions at the time of building permit issuance. 2. In the event of any inconsistency between the Site Plan, or the I Alternate Site Plan if applicable, and this Order and the Ordinances of the City, this Order and the applicable site plan shall control. 3. The Plaintiffs are permitted to develop the Landmark Center in Phases. 4. The Plaintiffs are not required to post any bond or other security as a condition of approval of any Final Plat, however, such Plat shall not be recorded until or unless the subdivision bond or other security is posted. 5. The right-of-way for all streets shall be as depicted on the Site Plan. V. Approvals The City shall approve Preliminary Plats of the Landmark Center which conform Yorkville.Cons.Ord 02031999 Final Draft -5- with' the Site Plan, this Order and applicable City Ordinances_ within forty-five 45 days of submittal b the Plaintiff. Further, the City shall a ( i y Y approve all final plats and accept all public improvements which substantially conform to such Preliminary Plats. This Consent Order shall apply to and be binding upon the City, its agents, officers and employees each in their official capacity and the City shall not raise as a defense to any action to enforce this Consent Order the failure of any of its agents or employees to take such action as shall be required to comply with the provisions of this Consent Order. VI. Jurisdiction and Venue The parties agree that this Court has jurisdiction to consider the matters herein and that venue in the Circuit Court of Kendall County is appropriate. The parties further agree that the Court shall retain jurisdiction of this matter for the purpose of amending, interpreting, implementing and enforcing the terms and conditions of this Consent Order and for the purpose of adjudicating all matters of dispute among'the parties. VII. Final Judgment Order Pursuant to the stipulations of fact and law by the parties, this Court having jurisdiction over the parties and the subject matter, the parties having appeared, due notice having been given or waived and this Court having considered the stipulated facts and being fully advised in the premises, IT IS HEREBY ORDERED, ADJUDICATED AND DECREED: A. The uses proposed by the Plaintiffs are reasonable uses and are the highest and best use of the Subject Property and the application of the City Ordinances.so as to prohibit such uses is unreasonable, void and invalid and of no legal force or effect whatsoever, B. The Plaintiffs have the right and are permitted and authorized to develop the Subject Property in conformance with this Order and the applicable Site Plan. C. The City and its agents, servants, and employees are hereby enjoined and restrained from enforcing the provisions of the City Ordinances, Yorkville.Cons.Ord 02031999 Final Draft -6- including its Zoning and Subdivision Ordinances against the Subject Property in any manner that would prevent the Plaintiffs from developing the property in conformance with this Order. D. The Court retains jurisdiction of this cause to enter any and all orders of judgments as may be necessary to enforce the Judgment entered herein. VIII. Costs and Expenses Each party to this Consent Order shall bear its own costs and expenses including attorney's fees. IX. Bindin_Q E_f` This Consent Order shall inure to the benefit of and be binding upon the Plaintiffs, and their successors in any manner in title, and assigns, and shall be binding upon the City and the successor corporate authorities of the County. It is understood and agreed by the Parties hereto that, in the event all or any y portion of the Subject Property is sold or conveyed at any time, all the obligations and responsibilities of Plaintiffs, as herein set forth, shall devolve upon and be assumed by such purchaser or grantee, and the Plaintiffs shall be released from all obligations which relate to any portion of the Subject Property as may have been sold or conveyed. WHEREFORE, the parties, by their representatives, enter into this Consent Order and submit it to the Court that it ma be Y approved and entered. Yorkville.cons.Ord 02031999 Final Draft -7- Approved and Agreed to this Entered this day of day of i�, 1999. 1999. t'HOMAS E. HOGAN Judge For t e City For the Plaintiffs David J. Silverman - 06198661 Mahoney, Silverman & Cross, Ltd. 805 W. Jefferson Street, Suite A Shorewood, IL 60431 (815) 730-9500 -8- LIST OF EXHIBITS A. Legal description of tract B. Legal description of tract C. Site Plan D. Alternate Site Plan L-1• Legal description of Apart ment/Townhome Area L-2. Legal description of Townhome Area L-3. Legal description of Commercial Area on southwest corner of the Site Plan containing approximately 4.6 acres L-4. Legal description of a portion of the Commercial Area containing approximately 16.8 acres L-5. Legal description of Commercial Area adjacent to Route 34 containing approximately 3.0 acres Uncludes'Transition Area). L-6. Legal description of Transition Area -9- Lots 1, 2, 3 and 4 in Landmark Center, Yorkville, Kendall County, Illinois. Exhibit "Aft ��AL D& rw�*t•nxr Page 1 of 2 THAT PART OF SECTION PRI"CIPAL mEFIOjA'1, 23t TO:r'�iS4jP 37 NORT,t, R.6'f.c 7 SAST OF INTE=lSFCTICtd 0p DESC�I°Fp AS FOLLOWS.— gE,IVi' T4E Tulop THE CENTERLINE OF WALNUT STREE iTNG AT THE - Y.+aKVILLE, ILLI\'QIS, 'ITN THE EAST_P T -I:4 THE CITY of -a'JTE 47; THEr4C= NORTHFELY ALONG S4ICfYE�IGcT OF w^Y LINE CAF ILLINOIS 164.59 FEET TO THE EASTERLY RIGHT C'= t AY LIB"Et KADALL COUNTY, ILLINOIS; NTH= 'CcP�cP. OF LANDMARK CE`�TER, YOPKVILLE, SAID L&NDMARK CENTcR, 311 .49�Fc OF ALON' THE SOUTH Ll� E OF THE;Cc ��0�7NEAS1c'RLY ET• TO THE S.qUT=i EAST CORNER Ty?REf,?F; 779.55 FEET TO THS NORTH~E THE EAST Li NE ��F SAID IiNDM4FK CENTEP, THE -PAST LINE OF A TR •AST COP'JER THEoc'.lFi TLtEaCE ?.!1RTF:er�LY 6A LONG '' Y A .;ARSAr.TY c .iCT OF LaYD COluV�YED TO KYLE A. A�!(� MARTHA PRICE o 'E_D RFC!'i�t�J•ED ,`DV"•3`R 30, 1'451 AS DdCUF:Efir E1-445R Artn Y A 4ARRANTY 0EEC PECCIRi?E7 APO 2t 1952 AS ,70GV14FIN CIISTA'IGE IF 275.36 FEET TO T&4E Nq:ZTH c � T R2-112R, A THENCE NO THEASTEkLY ADO":-G A FAST C, PNFo OF S1 ID PRICE TRACT; 31 mi�4NluTES, d4 $; n!in LIr�$ "ICH FJZJS AN ANGLE OF 104 n$GREiES, C- • S NITH THE L.- ST nt COUNTER CLOCKNISc` THERE 5C4IAF3 CJIQSF, VFASU?=7 NORMALLY �ISTAP:T, 50UTHFRLYtr1F2.51 FEET TO A PLAINT WHICF! IS 40;t:0 FEET I THE C ELATE RL i.:a OF A,V'J !?'�[ A LI?�E DRA;kf; PERP-WDICULAP TO SAID CE�t1'E U. S. FtCnJTC !�(t. 34 k!�ICH IS 3F5.7Z F c OF SAY FEVT EASTEP,L.Y OF THE N, RLI4F FHE A POINT RIGHT LINE F � i. T=45ECTI^N OF THE EASTERLY ROUTE 34 FXT=l f)E:n FRO4 TH ROUTE 47 wIITH S-L, TAB+GE"1T CEyTE;,LINF OF S4ID PEP•NE•`0ICJLAR LINE EL AST; TH-:•'CE SJ 1PIERLY ALI►LAG S1 ID 27.0 FEAT; TIiFI;GE EASTERLY PARALLEL i:ITsq SAID ROUTE 34 Crt�.TfRLIP;Et 519.t?z FEET TO WESTEKLY JF *HE WESTERLY LINT OFLLCT 19 WN PARALLEL :1I.TH A'�D 25.9 FEET COU',TY, ILLINOIS U`fIT 1; T4 ';C_ L"' 1i 4.;FAM ISLE ESTATES , XcNlDaLI -T T;. Tmc E' c NJRTH?PLY ALCN-7 SAID PAkAL.LEL LINE .0.D FE- S1UT}{FP TeiEkCc LY LINE f?F SAID LIT 1 :XTE`�DEO FROM TrlF EAST; EASTERLY ALONG SAID E XTFVDEn ;o LI`tc, 155.00 FEET TO THE SlUTH EAST C7RNHR LY SAID 41sT SAT() SOUTH NJ?TYERLY ALI.NG THE OF SAID LOT 1 ; THENICE TO THE EA' ST LIf?F OF SAID Li T 1, • A DISTANCE CF'iTE'LI�E OF ILLINOIS STATE ROUTE hit?. ��; Ts�er,;Cc ALONG SaIE� CP`TtRLIPiE , hF EASTERLY FEET CGNVEYF.7 TCs r t 95''NATI^rT TO THE EAST LIME n. ,q TR4rE4OF H= s7;,.h . $cCC,►,, .;ti4L p4`; T OF LAUD THE DRC?`lISI.!t OF A TRUST k%R=E`"ENT TcK OF AURORA• AS TQ:JSTFE UN.CER TRUST l47. 1595, t'Y A DES gFrOt? AUGUST 17, 1971 AMC KVC4!\ AS L•JGJ�'E;T 71_ � J Iri TRUST uc� c 3.,57 A5 SAIO LI1c IS :n,.y �O Own SEPT!�mP.ER 23• 1971 AS THE EAST LI-3 (7F AS T[.;;LI T- U ENT_n; TwENCF SCUTHFRLY ALONG t•'C=+Uil fi��i^; T!-►E`:CE S^UT}ikESTERLY� 74,y.49 cEcT- r-� Tyr CENTS?LIvF CF AN' A"; LF IN SrID CENTERLI`�=; TH_r.,CE�S7JTwEgL CE -'GLI^:= It=O.Sc FEET T[1 EST Tr, T►-:F Kogr!, CAST C:1R:.E� _ cCLY Al'?;.''i SAID CEP.TrG !LINE, YV KVILL=, X�ENDALL C01INTY► I wt^ �7- E;,CA JT STicEET AJnITIY►t• :.ORT•+SPLY LINE ;;F LLI, vIS ; THE.:C_ `�ESTFRLY AL^:4,:, TH_ THERE F' S_ SAIDR4j1ITIt7\ 71006-r, FEcT TJ THE NrMTH wrST CJ��'cR O . TwE'XE r_,� PLY AL.�ty. Tyc c , WE..TFRLY LIyE ')s= SAi9 AC^ITIC` Exhibit „B„ PAGE 1 _ LEGA r ��'YtIPT1'nN Page 2 Of 2 431,q F=E]' TO TFfc c•"rra L_ • SAID �ALl1(JT SIRE- .� ALC�V; SAID CEt:Tcq LI11.c �]F tT; THE IC riE T THERFi'F �N LI'�E. Tn A POI:)T DF °•EGIgNI`G { =xCEp1' „ S EP,LY C•. VEY:J TO TH= URITED CITY OF Tu_ T qAT DART DEEDS AEC• ;ZDELn JU, � VILLAGE nom. YnnKVILL= ?Y DEED RFCt�-•. - 1 t 1Q70 AS ODCU`4ENTS 7o_Eg3 ..:,ED JJ:E b� 1992 AS nOCUr_•,T g�_ B}�At�O 79-2839 A��3 °Y THEREOr- co-dVEYEC� tV THE pEnp 2359 AND EXCEFT THAT POST T:kA),SPC+�T;TICN a c CORDc70.F1:1IT.YE STATE pF ILLVIOIS. DFP4aTME�,r OF THE L"JIT'-1 Y Oc_C+ kF 29► L974 AS DC)CU-Ft.T -Y-4361sl IN c CITY GF TH; VILLAGE OF YORKVILLE? KFNIOALL COUNTY, ILLINOIS. AND THAT PART OF 771$ 27O RTHWSST T'43 RD TU PRI 1/4 OF SECTION 28, TOWNSHIP ND 37 NORTH, RAMS 7 EAST OF NCZPAL MERID3AN DESCRIBED AS FOLLOWS: CCWMWCING AT THE IZQTER9ECTION OF T'!i8 TER LINE OF Q,S S. R WAY LAS OR ILLINOIS OUTS NO 34 WITII THE EASTERLY RZGIiT OF tJ.S. ROOTS NO. 34, A DZ� E 47; EASTERLY, ALONG SAID CE=R LINE OF SOOTIq ®3 DROP TES 0 OF 385,72 FENT FOR Tim P03NT OF HSGnW3:VG; THENCE 47 ZEES 00 SECONDS EAST, ALONG SAID CENTER LINE, 135.0 FEET; �'�� SOOTH 06 DHGREgS 13 �1UTBS 00 SECONDS WEST, PB LINE, 191.0 _X-4 THSNtB NORTH; 83 DEGREES 4.7 RPB 3:CULAR To SAID E'ER I STN SAID CENTER LINE, 135.0 FEET S 00 SECONDS wsST, PARALLEL f T. PERPENDICVI Tp j THENCE NORTH 06 DEGREES 13 baNOTES 00 SECONDS (EXCEPTING TBRRgFROT2 = CENTER LINE, o THE STATE E 77M POINT OF BEGINNING DEED RECORDED ' THAT PART CONVEY33D TO T'IDS STATE OF ILLINOIS 8Y WARRANTY THE VILLAGE OF MRQARY 1, 1974, AS DOC'��,Hq, NO. 74-447) ; IN THE UNITED CITY OF LLE, X'IDALL COU'N'TY, ILLINOIS. AND THAT PART OZr THE NORTFMST 1/# OF SECTION Z 8, Z'O[07SFIIP 3 7 NORTH T� THIRD PRINCIPAL MERIDIAN RANGE 7 BAST OR INT'ERSECTION' OP 1'IDs` C = DESCRIBED AS FOLLOWS' COMMENCING AT THE MAY LINE OF I $�� I'I� 7; U.S. ROOM NTO. 34 WITH THE EASTERLY RIGHT OF ILLINOIS A ROUTE Cr 47; THENCE EASTERLY, ALONG SAID C U.S. ROUTE NO. 34, A DZSTAt1CS OF 385.72 FEET; THENCE SO 00 SECONDS EAST, ALONG B'I'ER 4 7 M OF SAID CENTER LIN'8 U1ZI 83 DEGREES 47 MiN�TrsS SCE 91.0 06 DEGREES 13 MINt7TR5 00 SECONDS OWE9T FOR TFi$ POINT OF HEGINNINiG; 191.0 FEET: THENCE NORTH 83 DEGREES 47 MINUTES PERPNZIDICQi+AR TD SAID CENTQR WITH SAID CENTER LINE, 135.0 VEST; �'8S 00 SECONDS WEST, PARALLEL WEST, .pERp I $T'; THENCE SOO= 06 DEGREES 13 MINOTBS 00 SSCOADS M7TOTES 00 SECONDS To SAID CENTER LIN$, 229..0 FEET; THENCE SOUTH' 83 DEGREES 47 LINE, 519.50 FEET RAT, PARAI,I,SL WITH AND 420.0 FEET SOUTHERLY OF SAID CENTER TO A LINE WHICH IS 25.0 FEET WESTERLY OF AND PARALLEL WITH rzM WESTERLY LZNFy OF LOT 1 OF AEGEM ISLE ESTATES THENCE NORTH 06 DEGREES 13 MINQTES L ESTATES, =MALL COUNTY, ILLINOIS, UNIT 1; IN UT FEET TO SAID CENTER LINE OF U.S. Nt ' ALONG SAID PARALLEL LINE, NUI'8S 00 SECONDS WEST, ALOffia SAID Om'S NO, 34; THENCE NORTH 83 DEGREES 47 BEGINNING (EXCENTING TH6RFFROM CENTER LINE, 384.50 FEET TO TIIE POINT OF W TY DEED THAT 74, Co N VZYED TO THE STATE OF ILLINOIS BY RE OF F$BRQA L 1, 1974, AS DOCUMUT NO. 74-447) ; IN THE UNITEB CITY OF Tti$ VILLAGE OF YORKVZLLE, REMA L CODS, ILLINOIS. Exhibit "B" PAGE 2 jj i i lei• ,� i� i , ., i :__ � �3�,�f 1 r�1�{f l�s �� 1 i !`3 I iaj 1 !•: j �i� 1 �• .. z fill 71.� FF u:LLH 1C Ori e ' Jgpg wY- ,►may � +It i _ � t� �� 1 � � lacum�v�eeeeame+vr� ' �� ' k Area 1 i r That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows. Commencing at the intersection of the t centerline of U.S. Route No.34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet; thence southerly at right angles to said center line 200.34 feet for a point of beginning, thence southerly along the last described course extended, 228.19 feet,thence southeasten'y along a tangential curve to the left having a radius of 400.0 feet, an arc distance of 498.74 feet;thence southeasterfy along a reverse curve to the right, having a radius of 400.0 feet, an arc distance of 553.90 feet to the center line of McHugh Road; thence northerly along said center line 201.05 feet to an angle point therein; thence northeasterly along said'center line 108.59 feet to the East line of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated August 17, 1971 and known as Trust No. 1595, by a Deed In Trust recorded September 23, 1971 as Document 71-3655.as said line is monumented;thence northerly along the East line of said Trust tract, 748.13 feet to a line drawn easterly parallel with said center line of Route 34 from the point of beginning; thence westerly along said parallel rne, 650.59 feet to the point-of beginning in.the United City of Yorkville, Kendall County, Illinois and containing 9.437 acres. Exhibit "L-1 " 9 Area 2 + That part of Section 28, Township 37 North, Range 7 Fast of the Third Principal Meridlan described as follows: Commencing at the intersection of the center line of U-S. Route 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1, thence easterly along said center line 310.21 feet; thence southerly of right angles to said center line 428.53 feet; thence southeasterly along a tangential curve to the left having a radius of 490.0 feet, an arc distance of 223.91 feet for a point of beginning;thence continuing southeasterly along the last described curve an arc distance of 272.83 feet; thence southeasterly along a reverse curve to the right having a radius of 400.0 feet, an arc distance of 55190 feet to the center fine of McHugh Road said point being the Northeast oorner of Walnut Street Addition, Yorkville, Kendeff County, Illinois; thence westerly along the northerly line of said Addition 718.61 feet to the Northwest comer thereof,• thence.southerly along the westerly line of said Addition 431.0 feet to the venter line.of Walnut Street,thence westerly along said center line 91.4.46 feet to the East line of Landmark tenter, Yorkvllie, Kendall County, Illinois extended southerly; thence northerly along said extended East line and said East line 666.19 feet; thence easterly at right angles to the last described course, 428.05 feet, thence northeasterly along a tangential curve to the left having a radius of 400:0 feet, an arc distance of 251.33 feet; thence northeasterly 428.05 feet to the point of beginning (except that part thereof conveyed to the United City of-the, Village of Yorkville by Deeds recorded June 1, 1979 as Documents 79-2838 and 79-2839 and by Deed recorded June 6, 1982 as Document 82-2359) in the United City of Yorkville, Kendall County, Illinois and containing 17.653 acres. Exhibit "L-2" e i 7 i Area 3 Lots 9, 2, 3 and 4 in Landmark Center, Yorkville, Kendall County, Illinois and that part of Section 28, Township 37 North, Range 7 East of the rMid i Principal Meridian lying scuthertyof and adjoining said Lot 1 and easterly of the East line of Illinois St8te.R0u1e No. 47, westerly of the East line of said Lot 1 extended southerly and northerly of the center tine of Walnut Street in the United City of Yortcvil/e, Kendall County, Illinois and containing 4.588 acmes. Exhibit "L-3" Area 4 That part OfSection 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the center line of U.S. Route No. 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterty along said.center line 310.21.feet for a point of beginning; thence southerly at right angles to said center line 428.52 feet, thence southedy along a tangential curve to the left having a radius of 400.0 feet, an arc distance of 223.91;thence South 85006'27"West, along a line which is radial to the last descrfbed curve at the last described point 531.82 feet;thence southwesterly along a tangential curve to the right having a radius of 400.0 feet, an arc distance of 251.33 feet,thence North 7805333"West, 428.05 feet to the East line of Landmark Center, Yorkville, Kendall County, Illinois; thence northerly along said East line, 262.23 feet to the Northeast comer thereof,• thence northerly along the East line of a tract of land conveyed to Kyle A. and Martha Price by a Warranty Deed recorded November 30, 198!as Document No. 81-4458 and by a Warranty Deed recorded April 2, 1982 as Document No. 82-1128, a distance of 275.39 feet to the Northeast comer of said Price tract; thence northeasterly along a line which forms an angle of 104°31'09"with the last described course, measured counter-clockwise therefrom, 62.69 feet to a point which is 400.0 feet normally distant, southerly of the center line of U.S_ Route No. 34 and on a line drawn perpendicular to said centerline from a point which is 385.72 feet easterly of the Intersection of the easterly right-of-way line of said Route 47 with tangent center line of said Route 34 extended from the East; thence northerly along said perpendicular line 340.0 feet to the South fine of said Route 34; thence eestedry along said South line to a line drawn parallel with and 25.0 feet westerly of the West line of Lot 1 of Aegean Isle Estates, Kendall County, Illinois Unit 1, thence southerly along said pe ellel line 348.89 feet to the southerly, lime of said Lot 9 extended from the Esst, thence easterly along said extended southerly 11ne and said South line, 155.0 feet to the Southeast comer of said Lot 1;thence northerly along the East line of said Lot 1, a distance of 400.0 feet to the centerline of llllnois State Route No. 34; thence easteryalorig sold centerline 310.21 feet to the point of beginning(except that part thereof conveyed to The People of the State of Illinois, Department of Transportation by Deed recorded July 29, 1974 as Document 743616)in the United City of Yorkville, Kendall County, Illinois and containing 18.923 acres. Exhibit "L-4" Area 5 That part of Section 28, Township 37 North, f?ange 7 East of the Third Principal Meridian described as follows. Commencing at the intersection of the center line of U.S. Route No. 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet for a point of beginning;thence southerly at Aght angles to said center*line 200.34 feet; thence easterly parallel with said centerline 650.59 feet to the East line of a tract ofland conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated August 17, 1971 and known as Trust No. 1595, bya Deed in Trust recorded September23, 1971 as Document 71-3655 as said line is monumented;.thence northerly along the East line of said Trust tract 200.37 feet to said center line; thence westerly along said center line 654.02 feet to'the point of beginning In the United City of Yorkville, Kendall County, Illinois and containing 3.000 acres. Exhibit "L-5" Sub Area 6 That part of Section 28, Township 37 North, Range,7 East of the Third Principal Meridian described as follows. Commencing at the intersection of the center line of U.S. Route No. 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet for a point of beginning; thence southerly at right angles to said centerline 200,34 feel; thence easterly parallel with Said centerline 550.59 feet to the East line of a tract of land conveyed to the Old Second Ndflonal Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated August 17, 1971 and known as Trust No. 1595, by a.Deed In Trust recorded September 23, 1971 as Document 71-3655 as said line is monumented; thence northerly along the East line of said Trust tract 200.37 feel.to said center line,thence westerly along said'c_ enter.line 654.02 feet.to the point of beginning(except the westerly 260.92 feet, as measured along Sall center line) in the United City of Yorkville, Kendall County, Illinois and containing 1.800 acres. Exhibit "L-6" 20020002 5544 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS ) 10-24-2002 At 10:39 AM. AGREEMENT -- 49. 00 COUNTY OF KENDALL ) RECORDING OF DEVELOPMENT AGREEMENT BETWEEN CITY OF YORKVILLE AND BRISBEN DEVELOPMENT,INC. Prepared by and return to: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville,IL. 60560 630.553.9500 DEVELOPMENT AGREEMENT This Development Agreement,hereinafter referred as to"Agreement",is made and entered into this 10 day of�-_ 2002, by and between Brisben Reserve at Fox River Limited Partnership, an Ohio limite partnership licensed and authorized to do business in the State of Illinois,hereinafter referred to as"Developer"and the United City of Yorkville,Illinois,a municipal corporation, hereinafter referred to as "City." The Developer and the City may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the Developer is a limited partnership and the Developer of certain real property,hereinafter referred to as`Troperty,"located in the City and legally described as set forth in Exhibit A attached hereto and incorporated by references as if more fully set forth; and WHEREAS,the Property is generally located east of Market Place Drive,which is currently under construction. The Property is zoned multi-family and consists of approximately 9.012 acres; and WHEREAS,the City has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the City; and WHEREAS,the Developer,its vendors,grantees,assigns,successors,trustees,and all others holding any interest now or in the future, agree and enter into this contract,which shall operate as a covenant running with the land and be binding upon any developer and its representatives; NOW,THEREFORE,the City and the Developer,in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: 1. APPLICABLE REGULATIONS: Except as otherwise exempted by this agreement, all applicable city land use regulations, building codes, and any other applicable standards relating to infrastructure and facilities remain and shall govern the Property. When the term"brick"is used herein with reference to the architectural fagade of a building,garage or clubhouse,it shall refer to a solid masonry wall or a full-wythe*face brick,stone or architectural block veneer wall. A brick wall shall not include a wall faced with an applied material such as Zee-Brick or a similar partial wythe brick substitute applied with mastic. 2. CHOICE OF LAW: The interpretation,construction and performance of this Agreement shall be governed by the laws of the State of Illinois. *The term"wythe"is intended to have the meaning as reflected in"The Masonry Glossary"by the Masonry Institute,that is"A masonry wall,one masonry unit, a minimum of two inches thick"to distinguish from an applied material. Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 2 AGREEMENT NOW,THEREFORE,for and in consideration of the mutual covenants herein contained,the City and the Developer agree as follows: ARTICLE I LANDSCAPE AND BUFFERING The Developer covenants and agrees that it shall comply with and conform its improvements to the landscaping ordinance of the City, current as of the time the City approves the plans. The preliminary Landscaping Plan Is Attached as Exhibit C. ARTICLE U PROPERTY DEVELOPMENT A. Subject to the provisions of Paragraphs B and C below,the Developer may construct, erect, and develop on the Property the improvements or buildings pursuant to the final site plan approved by the City. B. The Developer hereby agrees with the City that Developer may build one hundred thirty- two (132) multifamily units with parking and amenities (the "Development"). The multifamily units shall beat least 50%brick. The Developer has prepared a preliminary site plan for the Development,and preliminary floor plans,elevations and renderings for the buildings, clubhouse and garages to be constructed, Exhibit B. The City and Developer hereby agree that the Development will include a clubhouse with brick on all four elevations and on-site amenities. The parking shall consist of not less than two hundred ninty-seven (297) parking spaces — one hundred thirty-two (132) enclosed parking spaces and one hundred sixty-five(165)open parking spaces as delineated in the unit'summary of the preliminary site orientation plan attached hereto and incorporated herein by reference, which includes the parking spaces required for the On-Site Amenities. The Developer has included all parking including garages in the site plan attached hereto that is part of Exhibit B. The on-site amenities shall include at a minimum a pool, a clubhouse and a tot lot with playground equipment (hereinafter collectively"On-Site Amenities"). C. Developer and City agree that the final site plan and the architectural elements of the building to be constructed as shown on the final plans for the final development shall be Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 3 substantially in accordance with Exhibit B with respect to the materials, architectural style, elevations and design. The City shall approve the final site plan provided it is substantially in accordance with Exhibit B. D. The Developer shall complete the roadway improvements of Market Place Drive from Landmark Avenue to its intersection with McHugh Street,including the curb,gutter,paving, street lighting and sidewalks on the northerly side of Market Place Drive. Developer may recapture 50%of its costs,including its engineering and traffic study costs for same(which traffic study will include the traffic signal warrant analysis for Rt. 34/Marketplace intersection), from the owner of the 64 Unit Town Home parcel southerly of Market Place Drive and Landmark Avenue.The Legal Description for the Town Home Parcel is Exhibit D. The City and Developer will enter and execute a Recapture Agreement for these costs as per 65 ILCS 519-5-1 and it will record same per 65 ILCS 5/9-5-2 prior to issuance of a building permit for the Town Home Parcel,however,if the owner of the Town Home Parcel applies for a building permit for its development prior to the Developer, the owner of the Town Home Parcel shall complete these roadway improvements, and the Town Home Parcel Developer shall be entitled to recapture 50% of its roadway improvement costs from the Developer,except to the extent that recovery of recapture may be prohibited by any written agreement between Developer,Brisben Reserve at Fox River Limited Partnership, an Ohio Limited Partnership, and the current Owner of the townhouse property or any condition contained in any said written agreement binding upon the successors,heirs, and assignes of the parties thereto. ARTICLE III PARKLAND DEDICATION A. Pursuant to Paragraph IV(B)(5)of the Court Order issued by the Circuit for Sixteenth Judicial Circuit for Kendall County, Illinois on April 7, 1999, (the "Consent Order") the plaintiffs to the lawsuit,Developer's predecessor in title, were required to dedicate to the City a certain Park Area on the Property in lieu of complying with the City's park contribution ordinance. The City hereby consents to the Developer contributing monetarily to the City based on the park contribution ordinance rather than contributing land for park purposes,because the Developer will develop the On-Site Amenities for its tenants that will serve as a private recreational function similar to the public purpose previously contemplated by the land contribution concept. The City hereby determines that it will be in the best interests of the City and the Developer for the Developer to contribute cash in lieu of park land for this site. The amount of that contribution is$115,236.00. That cash contribution shall be made by Developer on or before issuance of the occupancy permit. This Cash contribution will satisfy the Park Area contribution contemplated by the Consent Order, B. The City and the Developer hereby covenant that they cooperate to secure approvals of all necessary parties and the court in order to modify the terms related to the designated Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 4 "Park Area"pursuant to the Consent Order, ARTICLE I'V' MISCELLANEOUS PROVISIONS A. The City acknowledges and agrees that this Agreement satisfies all of the requirements of the City Ordinances and the Consent Order, and the Developer shall be entitled to all rights and remedies in accordance with such ordinances. B. The City hereby covenants that it will secure approvals from all necessary parties and the court in order to satisfy and comply with the terms of the Consent Order. C. This Agreement shall be binding on and inure to the benefit of the Parties, their respective heirs,successors and assigns,and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed by certified or registered mail, postage-prepaid, return receipt requested, to the Parties at the addresses given below or at such other address as may be specified by written notice. If to Developer: Brisben Development, Inc. Brisben Development,Inc. Attn: R. Charles Book Attn: J. Thomas Mellott Vice President Finance General Counsel 7800 E. Kemper Rd. 7800 E.Kemper Rd. Cincinnati, OH 45249 Cincinnati, OH 45249 If to the City: United City of Yorkville United City of Yorkville Attn: Daniel Kramer, City Attorney Attn: Tony Graff, City Administrator 1107A Bridge Street 800 Game Farm Road Yorkville,IL 60560 Yorkville,II.., 60560 Signatures appear on the following pages. Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 5 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first above written. United City of Yorkville, I11inoi Bye Arthur F. Prochaska, Jr.,Mayor ATTEST: • Clerk United City of Yorkville,Illinois On the �day of 2002,before me,the undersigned, a Notary Public,in and for the County and State aforesaid, personally appeared Mayor Arthur R. Prochaska, Jr. and rle', r City Clerk, to me known to be the persons who execute the foreg M ng instrument on behalf of the City,and they acknowledged that they executed the same as the City's free act and deed. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal on the day and year last ab ve written. �7 Notary Public '1OFF 1AL SLAV' HoUy 1.Hake Notary PuW..State of llllaola My Commission Expires OS-01.2006 Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 6 BRISBEN RESERVE AT FOX RIVER LIMITED PARTNERSHIP, an Ohio limited partnership By: Brisben Fox River, Inc. Its: General Partner By Terry B. Schwartz, Vice President On theA�day of c ,2002,before me,the undersigned,a Notary Public,in and for _A U the County and State aforesaid, Terry B. Schwartz, Vice.President of the General Partner of the Developer,personally,to me known to be the person who executed the foregoing instrument, and acknowledged that he executed the same as the Developer's free act and deed. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal on the day and year last above written. �Pa1AL s�ql' JOHN T MELLOTf No r u ic• ATl'OFINEY AT LAW / s S NOTARY PUBLIC 114 AND FOR'THE STATE OF OHI0,147 03 R.C. OMMISSION -, TE of q o LIFETIME C 1`YIIIII"",, Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 7 EXHIBIT A—Legal Description of the Property Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement July 25,2002 Draft 7 Page 7 EXHIBIT A , Legal Description of the Property 0-11CAGO TTTLI,INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER No. : 1410 000498308 AU 5_ THE LAND REFERRED TO IN 11US CpMMITM Xr 1s DESCRIBED AS FOLLOWS: THAT PART OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL, MERIDIAN DESCRIBED AS FOLLORS: 'COMMENCING AT THE INT$RSECTION OF THE CENTER LINE OF U.S. ROUTE NO. 34 WITH THE EAST LINE OP LOT 1, AEGEAN ISLE ESTATES UNIT 1, EXTENDED; THENCE SOUTH B2 DEGREES 49 MINUTES 12 SECONDS EAST ALONG SAID CENTER LINE, A bISTANC$ OF 964.28 FEET; THENCE SOUTH 08 DEGREES 11 MINUTES 43 SECONDS 94ST, A DISTANCE OF 220.37 FEET TO THE PLACE OF BEGINNING) THENCE CONTINUING SOUTH 08 DEGREES 11 MINUTES 43 SECONDS {BEST, A DISTANCE OF 728.51 FEET TO THE cmr.wER 'LxNE OF Mc-HUGH ROAD; THENCE SOUTH 54 DEGREES 06 MINUTES 33 SECONDS WEST ALONG SAID CENTER LINE OF MCHUGH ROAD, A DISTANCE OF 70.70 FEET; THENCE NORTH 56 DEGREES 06 MINUTES 04 SECONDS NEST, A DISTANCE OF 391.52 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 365.00 FEET, AN ARC DISTANCE OF 403.13 FEET TO A POINT OF TANGENCY; THENCE NORTR 07 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 294.62 FEET; THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTER LINE : OF U.S. .ROUTE NO. 34, A DISTANCE OF 307.76 .FEET; THENCE SOUTH 07 DEGREES .10 MINUTES 48 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTER LINE OF U.S. ROUTE 34, A DISTANCE OF 307.41 FEET TO THE PLACE OF BEGINNING, IN KENDALL COUNTY, ILLINOIS Brisben"Thee Reserve at Fog River,Yorkville,Illinois"Development Agreement Page 8 EXHIBIT B—Preliminary Site Plan and Illustrations of the Improvements The Preliminary Site Plan and Architectural drawings of Cole&Russell Architects, Commission No. 1894 for "The Reserve at Fox River, Yorkville,Illinois"attached hereto and made a part hereof er�y A S SAY COURT 5 TOf POOL O1Q0SC IDf , 1 � „ o J , i t ov j 4 © r Off a si MONUMENT SIGN p, IZ.eliiGeal3- • N;WrYn 9'dwM AIxYIr�Er,. e PRELIMINARY WT MR CCMMW" COM DOCUMENT II PART TIOW COMPLETE THE II SUMMARY C6YTAWEO'S NOT S�T NECESSARILT COORDINATED OR Y f X71 I G CORRECT TMS ROINA z iS ��,,` /A STE AREA 9.01 AO. FOR RENEW PURPOSES ONLT AOAKer PLACI'DMtS CCMMISSIrN NO. 1894 \ UNIT SUMMARY TM FEMERM \\ Y(l3RNELE a AT FOX FAIM Ittnc Irmo um r" YOMLIM tl.UNW MONUMENT e,a TIK a:C OUANnTr SIGN NAINT./LAUNORY RUILDINO G-z G-zc c.-} G-UT DATE A ,Z Z z e ,z u } B 1Z >1 C tx ,z TI iLE tz PREUKIWARY PRELYINARY SITE PLAN s ° '1 STE ORIENTATION PLAN TJIAL vests: nx SCALE 5 IuTRErArapm cnRr,E°,ros'aA^ES i t�:t 11C`.PACES REOCPNA 0, 100' (L RcACAR SP 'O Su ACE SAC 5 FAONDED7 $Yt[:7 niM ISSUE/REMSICMS "T r- c 1 I 1 �iCbtd�%iiiiiai]I;4gR114egte^ w�. f---1 1 t I - - PRELIMINARY I I I I -_-- I L--- NOT FOR CONMRICU V ---- I TW5 OOLYIMWT I4 YAATWLY WNPIETE iFS IMRdbtATIW1 G-CESSAL y tiOT NEOCSNR s apa k OR - ❑ ❑ I FFOOPRAAEvXW P SUF OW RJLT. I ❑ ❑ o I I CCMMI55101r No. 1894 TW FI3ERVE AT FOX FIVER ---i f---1 YOFICVB.LE;,ILU NOS I e I j j DAM L---J -- --- -----_ 7f TLE SULDNQ TYPE A PLANS (MIT+Cm oaf Om I SHEET A 1r1i 19sutJ :ttmlcx•IS 07Mvly ert c�w++nrry Aw�:rvww wwG mir�OJ�YM JM SJJ PRELIMINARY - ... WT FOR 00%-WAICTIObI iMS DOCUMENT 14 PARMLLY wwv_TE TNC UIRpWATM cc I t CCNTAINEO IS NOT NEOESEARILV COORONATM OR CCOMT, 1148 DRAVND K a FOR REVIEW PURPOS[S ON,T. I ( COPAMISS(ON Nc. 1894 THE Me vE _ AT FOX MAM YOAKVE-Irc.L umm 11 DATE TITLE BUILDING TYPE B PLANS I (12)02+cm ow SHEET A-4^^ GENERAL NOTES ISSUE/REVISIONS A R05R iD 517[/qM.gHLS PRONGED 8Y o1M�fR FOR aRAdN6 ANp 00%NSPOUT CDNNECROliS maaw W[s a.REFfII m aiRUa71iRAE eRee PDR TaEgpAT1pR NaNYATiDIA. 6 MP OF EM alvAIM 7-d u m m PRIMA F=R nc-i 1T am cim DRAMNDS KEY TAG LEGEND --CD m mAw ROTES m sRa[T DRAWING NOTES ?.ROOT IM111.0 2 l tFl4*CC AlW omARfpwrs AWO OVTETAa 5.r slroc ♦♦-COWXR TM :ORRX r&M tKw 6 al"RDYt,=.0" T.FM aV=EM[ .nwARl.. ------ ------ I r r-'-1 r"-1 I as arrow I I I I - I I - PRELIMINARY I ....... ----- ...... --- NOT FOR CONMR LMN TRR DOMME W 15-AATULLY COMM TNC INFpMATION OONTAM®IS NOT I I HMSARRY COMINA m OR CONAM O - O fLR RCY[W PVRPOSfiS OYLY. I I COMWSSION NO 18" I I 7Ff F@SE W AT FOX R M r---7 I YCRXVLc L Nom I j DATE I L I -------- ------ 71TA WLDM TYPE C PLANE I (Y2)G2+(12)03 LHM SMEE7 .. A i^A7 I % .f I (ai)rnwu PRELIMINARY WTfw OO*mtJCi1ON MU 00a 9"T U t#F110"Y MIPIBTE *m vIP@lunow Z'mm K NCT NEtEm. o ft MIEC GR G9MECT. MS OMO O IS M�+cw wwas€s aLr. / COA9MISY�N NO. 14 + TT2'MME AT FOX WYEA GATE TITLE BUILDING TYPE D PLANS ar aura SHEET A104 KITCHEN I cams L I► NECK P am _ I I i eATH b k i IB LNaR?IIOOId I SE NCOM ti TERRACE Of OF a-ceer r�-� UNfr PLAN 1 " "mI �• -- — Oo--------- —' �-- -- _ o-- -- - -- o BATH KnvA � I CLOOer BATH O -- _ G.oET a„o tee„ A+ 7 � Lai Emm P _I EHIRY uwr..w.s..s. sw (siip iv-Yaw.im I PRELIMINARY BATH I !r BATH NOT FOR COMM" µµ4q aOCUUETIT IS eAenN B®110WA i CO iNpgnO" uvw ROOh BEORDO L04"Dom CONIAJ M 15 IIOT 1 cG55Nin.Y CGOIR.I. OR Fo REM. n°5 6OWS U is FOR RENEW WRPp$�5 ONLY. e-H. COMMISSION N0. 18" I UMOIIOOM B®IWOII THE AESEFWE I AT PDX WYER TERR4CB I CLOBLT lEfOtA[E T DATE YOFKVKJ.E,ALMS I TITLE uw PLAM try a uaae T1K A uwr U PLAN � UNlT PLAN, M[XX9 SHEET All aoeer CLcwr caowr i� 0o IN A cc ® I BATH L4 hrA6I8t BATH b �oold pppp,pp �qp _ s AITCYC P 00 BATH NOOK o Dp r BATH` 10.7DC Q'O BAIH © 1 f�� KII'CNBN LI T I IOYGl97 j �i Y- r N11GBJ H erani arn ' - STINT eBNn �a �%�-iP 0 ` Y So ; ; ONNO OLOBET DPfA 4AB8T � , O CLOBBr r .. .;r. aCLOWT a CIPBET k a (7.OBHT n..u.P. wr�en.r. ulmllOw >w B °F°W B ° ' B PRELIMINARY WT FM COWW" TNO OOCUMMT IS PARTIALLY ooNPlM THE IWOWIAnON WNTIINEO O3 NOT MEMISANRY Oo m-TCO OR I 7BRACE 4.1 11 P1 Oa 121 r , COMMISSION NO. !s'-rr -��• s-r I,r'0-I IT-s tiEBEM AT FOX AM YaRKY IWt" LL I0` E, WB rof A"T DATE r x� UNIT PLAN r�, UNIfi PLAN TITLE uwr PLAW EN0 2 EpM0II WM SHEET OAADB!B M A112 .sa:y r.6vi]IUlV] --❑ - ❑ _–_ �O4— —_— -- a - ►� 1 BAN R KITCH" Calm I e o — — sum r-------i I I I I g®RD", I I �7l1 I I BEDROOM t 1 I I I I I I b I I TERRACE a"sr&„" I aQ�T I Lp ttAN —_ ❑ R I CLCE I I MEq{ P ____ ONiO I ,��...^',.'•+,.,, •. NTH Ivrae�I Ohm ;BATH qrc� -- EWW — -- _ - ENrmr .M...w PRELIMINARY BEDROOM asmoaa -BA ' NOT FOR COMM," LI&MI� THIS OOCUNFNT IS PARTALLY UAL COWLETF. TN£INFORMATION BEDROOM BEDROOM TAU"IS NOT E=SARLY OR I I CORRECT, T.FS ORMW FO IS I 1 FOR RENEW PtAGP S ONLY 1 I I I I COMMISSION NO. 1894 THE REEIERW B�IOOM I j I B ►1 AT FOX FIVER DATE l Ct108ET TERRACE d_O®E YORKVLLE 343 TILE UNR PLAM TTPE It MIT "f'E A Irt111 r u UNITrPLA1V UNIT PLAN SKEET " rY A 4113 ow�D .t qo I LMND ROOM wrrrlen I I ENTRY o� CY 088r BAM O dAM w � I CL GET Ol r t 6ECRDaN H BELYIDOM BEdROd/ R-3T UMT PLAN orr=a ir — — — — — — — — — — — — — — c, ,��^d DwM CIO 7991Ace UW4 110011 1 KrtCi1HJ .✓' 8 L.f�lNO BDOM i r TT 1 I "�J ew.w PUTCHM ur[... BHTBY 4'-Tt' L'N)llf ETER- ° Dow o PRELIMINARY NOT FOR CONSTRU I I oMBCN , oMBCFI r CiIOk I BA I GM BATH C� LXM T T is FOPJAA OL cLaaer BAM CLOBLF' CONT w OT fowtAnoN CDRRECL-1 ORAMNGIiS� FOR REVIEW PURpOSfS ONLY. _-cLowr CLOBEr V'�r d.Q9ET COMAIISSi01v N0. 1894 TrE FiG6EirYE AT FOX FlYM BEORDOM BEDROOM r ._to. B®�WO►1 70WN91F LLWW B®ROgd DATE TITLE UNrr PLANS Tro[9 uW ENG"i m"'Mom ILL W PLAN TM A wur SHEET caARO�trofss ,.I� , ,-sr-�ul�ff PLAN A114 I,,s.r� GENERAL NOTES W.�1—1. LEGEND 1.21 "= DRAWING NOTES CD, 4— ............................................................................................. ................................ ............ I. ....... ......... CD..................................................................... .................... .... .%o ............. 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JP-d I. yt-y°'401 r� d �q ION e v N I M-WOW 1/A=ION TYP WID � h erFr BAYS ArM ELEVATION �(M1 hY Pw aYA Wle UO vAU7 anyW� PRELIMINARY NOT FM CO%IRU=N f Tffi DOCUMENT IS PARTALLY COMPLETE. THE INPORYATON co NTNNEO IS NOT NECESSARILY 000NOL ATED OM CERRECT. THIS DRAW.ND IS POit NENE'N PVRPOSES CNLr, RC N•9VAT1011 T/AtK M TYP NOM C, �A' COUA11$SION N0. 18" A I `��_i 1 R.A1�1 THE FESERVE AT FOX FIVER YOAKVLLII-L LINOS a DATE nn•E NPLA O WAGE ELEVATIONS 4 BAYS ® ELEVATION S4EE7 A291 Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 9 EXHIBIT C—Landscaping Plan i (j:� � -•art Il�MI% r - 7 - f NN wro N. MPM • o oo of ,.•••• , `tea �o�` •,e� o�i,��` o ,a Brisben"The Reserve at Fox River,Yorkville,Illinois"Development Agreement Page 10 EXHMIT D—Legal Description of the Town Home Property for the Recapture Agreement LEGAL DESCRIPTION BEGINNING AT THE NORTHEAST CORNER OF LOT 4 IN LANDMARK CENTER, BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT RECORDED JANUARY 13, 1988 AS DOCUMENT NUMBER 880200 IN KENDALL COUNTY, ILLINOIS; THENCE SOUTH 78'53'33" EAST, A DISTANCE OF 765.23 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 421.00 FEET, AN ARC DISTANCE OF 363.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 51'37'35" EAST, A DISTANCE OF 98.83 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 36.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 435.00 FEET, AN ARC DISTANCE OF 80.61 FEET TO A POINT OF TANGENCY; THENCE SOUTH 56'06'04" EAST, A DISTANCE OF 391.94 FEET TO THE CENTER LINE OF MCHUGH ROAD; THENCE SOUTH 12'32'21" WEST ALONG SAID CENTER LINE, A DISTANCE OF 164.02 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF WALNUT STREET ADDITION, BEING A SUBDIVISION RECORDED AUGUST 4, 1988 AS DOCUMENT 884010; THENCE NORTH 81'34'06" WEST ALONG SAID EASTERLY EXTENSION AND SAID NORTH LINE, A DISTANCE OF 718.57 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID WALNUT STREET ADDITION; THENCE NORTH 08'25'54" EAST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 37.00 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN TRUSTEE'S DEED RECORDED JUNE 1, 1979 AS DOCUMENT N0, 79-2839; THENCE NORTH 81'34'06" WEST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 77.08 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 533.31 FEET, AN ARC DISTANCE OF 263.44 FEET, ALSO BEING THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN TRUSTEE'S DEED RECORDED JUNE 6, 1982 AS DOCUMENT NO. 82-2359, TO A POINT ON A NON-TANGENT LINE, ALSO BEING THE NORTHWEST CORNER OF SAID TRACT RECORDED JUNE 6, 1982 AS DOCUMENT N0, 82-2359; THENCE SOUTH 08'26'49" WEST ALONG THE WEST LINE OF SAID TRACT RECORDED JUNE 6, 1982 AS DOCUMENT NO. 82-2359, A DISTANCE OF 404,20 FEET TO THE CENTER LINE OF WALNUT STREET; THENCE NORTH 81'33'55" WEST ALONG SAID CENTER LINE OF WALNUT STREET, A DISTANCE OF 584.50 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LANDMARK CENTER; THENCE NORTH 11'10'23" EAST ALONG SAID SOUTHERLY EXTENSION AND SAID EAST LINE, A DISTANCE OF 633.18 FEET TO THE PLACE OF BEGINNING. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Resolution No. 2011- A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, ACKNOWLEDGING SATISFACTION OF DEVELOPMENT AGREEMENT WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City has heretofore entered into that certain Development Agreement dated effective as of September 10, 2002 by and between the City and Brisben Reserve at Fox River Limited Partnership, an Ohio limited partnership, which Development Agreement was filed for record as a "Recording of Development Agreement Between City of Yorkville and Brisben Development, Inc." in the Office of the County Recorder of Kendall County, Illinois on October 4, 2002 as document number 200200025544 (the "Development Agreement"); and, WHEREAS, the Development Agreement imposed certain covenants, conditions, and restrictions on the owner of the real property legally described in Exhibit A hereto (the "Apartment Parcel"), concerning the development of a multifamily residential project on the Apartment Parcel; and, WHEREAS, in connection with the sale of the Apartment Parcel, the purchaser has requested this Resolution be made acknowledging that all covenants, conditions, and restrictions contained in the Development Agreement have heretofore been performed and accordingly are satisfied; and, WHEREAS, pursuant to Article IV(A) of the Development Agreement, the City has previously acknowledged and agreed that all requirements of that certain Consent Order issued by the Sixteenth Judicial Circuit for Kendall County, Illinois on April 7, 1999 have been satisfied. NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: 1. That the City hereby acknowledges and agrees that all covenants, conditions, and restrictions imposed upon the owner of the Apartment Parcel under the Development Agreement recorded as Document No. 200200025544 have been satisfied in full, and the City releases the Apartment Parcel from the terms of the Development Agreement; and 1 2. That the City hereby acknowledges and agrees that all requirements of that certain Consent Order issued by the Sixteenth Judicial Circuit for Kendall County, Illinois on April 7, 1999, as amended by Document No. 2007027362 (collectively, the "Consent Order"), have been satisfied in full as they relate to the Apartment Parcel, and the City hereby releases the Apartment Parcel from the terms of the Consent Order; and 3. The City intends for this Resolution to be in recordable form and to be filed for record in the Office of the County Recorder of Kendall County, Illinois. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 27'h day of December, A.D. 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR On the day of December, 2011, before me, the undersigned, a Notary Public, in and for the County and State aforesaid,personally appeared Mayor Gary J. Golinski and , City Clerk, to me known to be the persons who executed the foregoing instrument on behalf of the City, and they acknowledged that they executed the same as the City's free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year last above written. Notary Public 2 EXHIBIT A Legal Description THAT PART OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF U.S.ROUTE NO.34 WITH THE EAST LINE OF LOT 1,AEGEAN ISLE ESTATES UNIT 1,EXTENDED;THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST ALONG SAID CENTER LINE,A DISTANCE OF 964.28 FEET;THENCE SOUTH 08 DEGREES 11 MINUTES 43 SECONDS WEST,A DISTANCE OF 220.37 FEET TO THE PLACE OF BEGINNING;THENCE CONTINUING SOUTH 06 DEGREES 11 MINUTES 43 SECONDS WEST,A DISTANCE OF 728.51 FEETTO THE CENTER LINE OF MCHUGH ROAD;THENCE SOUTH 54 DEGREES 06 MINUTES 33 SECONDS WEST ALONG SAID CENTER LINE OF MCHUGH ROAD,A DISTANCE OF 70.70 FEET;THENCE NORTH 56 DEGREES 06 MINUTES 04 SECONDS WEST,A DISTANCE OF 391.52 FEET TO A POINT OF CURVATURE:THENCE NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 365.00 FEET,AN ARC DISTANCE OF 403.13 FEET TO A POINT OF TANGENCY;THENCE NORTH 07 DEGREES 10 MINUTES 48 SECONDS EAST,A DISTANCE OF 294.62 FEET; THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTER LINE OF U.S.ROUTE NO.34,A DISTANCE OF 307.76 FEET;THENCE SOUTH 07 DEGREES 10 MINUTES 48 SECONDS WEST,A DISTANCE OF 20.00 FEET;THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTER LINE OF U.S.ROUTE 34,A DISTANCE OF 307.41 FEET TO THE PLACE OF BEGINNING, IN KENDALL COUNTY,ILLINOIS. Upon recording please return to: Nancy K. Landmark Commercial Partners Title, LLC 200 S. 6th Street, Suite 1300 Minneapolis, MN 55402 Phone: 612.337.2483 6538685v2 3 Reviewed By: Agenda Item Number O Legal ❑ Mayor#2 EST. 1838 Finance ❑ `_- Engineer ■ Tracking Number f rel \ City Administrator ❑ `°°MP � Consultant ❑ P K.n 1 C.M El W 2011-72 <It Agenda Item Summary Memo Title: Grant of Permanent Fire Hydrant Easement Acceptance—213 S. Bridge Street Meeting and Date: City Council—December 27, 2011 Synopsis: Grant of Easement Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: See attached staff memo. N Memorandum EST 1836 To: Bart Olson, City Administrator From: Brad Sanderson,EEI 0 W CC: Eric Dhuse, Director of Public Works Kathy Orr, City Attorney Lisa Pickering, Deputy City Clerk Date: December 12, 2011 Subject: Route 47 Improvements—City Easements Attached find one copy of a proposed grant of permanent fire hydrant easement for 213 S. Bridge Street. The easement is necessary for the relocation of a fire hydrant. Please place this item on the December 20,2011 Public Works Committee agenda for consideration. I i I II I 1 i i STATE OF ILLINOIS ) COUNTY OF KENDALL ) GRANT OF PERMANENT FIRE HYDRANT EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantor, Bridge Stmt Plaza, Inc., in consideration of the sum of Ten and 00/100 Dollars ($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged do herby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors,and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a permanent easement to construct, maintain, and operate a fire hydrant and associated waterrnains and further the right of access to said area for the maintenance and repair of said Are hydrant if any are actually Installed in, upon, and across the tract of land described as follows,to-wit That part of the Northeast Quarter of Section 32,Township 37 North,Range 7 East of the Third Principal Meridian,described as follows: Commencing at the Southeast Comer of Lot 5 IN Block 1 of Black's Addition,according to the plat thereof recorded in Plat Book 4,Page 8;thence North 83 Degrees 58 Minutes 58 Seconds West,20.51 feet along the south line of said lot 5 for the Point of Beginning;thence North 06 Degrees 36 Minutes 14 Seconds East,5.00 feet;thence North 83 Degrees 58 Minutes 58 Seconds West,5.00 feet thence South 06 Degrees 36 Minutes 14 Seconds West,5.00 feet to said south One;thence South 83 Degrees 58 Minutes 58 Seconds East,5.00 feet along said south line to the Point of Beginning,containing 25.00 square feet,more or less,situated in the united city of Yorkville,Kendall County,State I of Illinois., Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said permanent fire hydrant easement to Grantee. The Grantee herein shall and herby agrees to: r 1. Restore the surface of said permanent easement to the condition thereat existing at the time of entry upon same, including repaving of parking areas to a.depth matching the existing pavement, and shall leave the surface of such easement level and free of all debris,rocks in excess of two inches(2')and gravel,and providing a covering of a minimum of six inches(6')of clean,black,fertile top soil and replanting of grass whenever disturbed. 2. Replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted. 3. Vacate said easement upon written request from the Grantor following city approval of a building permit application of petition from Grantor to redevelop the property upon which the easement is located, and said redevelopment plan necessitates removal of the fire hydrant Grantee agrees to not object to vacation of the.easement or removal of the fire hydrant during the application or petition approval process,but may require Grantor to provide adequate fire protection elsewhere. i 4. Said easement shall be treated as a covenant running with the land. 5. Said easement shall be binding upon the successors, heirs,and assigns of each party hereto. IN WITNESS WHEREOF,Grantor and Grantee have hereunto set their hands and seals this day of ,2011 (�fd- t O�' Mayor Rick Tollefson Attest: Attest: City Clerk Prepared by and return to: i Exhibit A Plat of Permanent Fire Hydrant Easement Part of Lot 5 in Block 1 of Blacks Addition Section 32. T37 N. RX, 3RD PM j United City of Yorkville. Kendall County, Illinois !Lot Lot 5 4'W• 5N004 o j ILar SO368'b!!'E PA& P.O.C. i VAN EMMOIV STREET (29 SQUARE FMM4�� PART OF LOT 5 N OLO X T OF OLAOM ADOBICK ACCORONO TO THE PLAT 1WRE OF RECORDED N PUTT BOOK 4,PAGE!,N 11E LM10 CITY OF WKMUE.KOVALL CUM, LLNOIL OMMED AS F01DW CICOOCING AT THE SOUMAST LOANER OF SAD LOF 51 MWE NORTH 23 DE9tM 5d MNUTES W SE WVS W=40.91 FEET AM DE SOUTH WE OF SAID LOT 5 FOR 1HE PORT OF 0=06 0 NENCE NORTH 00 DEMES M WW=14 S8X*WS EAST.&00 FEET; MWE NORTH 03 OEBiM 38 MNUTES M 9EMOS MST,5.00 FEEL: I EWE 9MnH 00 DOW49ES 3e IYAM 14 5E0aND 11f W,5.00 FEET TO SAD SOUTH LNF~ THENCE SOUTH W Ol SEES 55 MUM 50 SO0018S EAST.&W FEET Nn O:RAID SOUTH LW 10 1AE PONT OF M NNO,CONTAMiO 29.00 SQUARE FEM MOPE OR LESS„ SITUAIM N W LMTED MY OF YM%V LE KD"L CM KTY,STAW OF LIlN M 0 30 PERMANENT FIRE HYDRANT EASEMENT SCALE FEET 213 S. BRIDGE STREET o�A ML W. MIS IMTED CITY OF 1gNVLLE iMEfT Na w�w� ei°we�`iao �, DA7lu yfa/u RE1t -'•30' 1 a T Reviewed By: Agenda Item Number O Legal ❑ � Mayor#3 EST. 1836 Finance ❑ � —- Engineer ❑ O ��, �`� co City Administrator ■ Tracking Number Police ❑ <�E `��,° Human Resources F1 PW 2011-76 Public Works ❑ Agenda Item Summary Memo Title: Raging Waves - LOC Reduction and Ordinance Amending Requirements for Improvement Securities Meeting and Date: City Council—December 27, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: �e��o ciry Memorandum OVI EST 1836 To: City Council — From: Bart Olson, City Administrator . CC: .P „��al p Date: December 22, 2011 1(e+MellCwnry 1•,� �, Subject: Raging Waves Letter of Credit reduction L4.E �t• Summary Request for a letter of credit reduction for Raging Waves, with a supplemental agreement on replacement security. Background This item was scheduled to be discussed at the December Public Works Committee meeting. That meeting was cancelled due to a lack of a quorum. The materials from the Public Works Committee meeting are attached for your use. The Raging Waves owner and developer needs to secure a letter of credit reduction by the end of the calendar year in order to meet certain financial obligations set forth by their lenders and letter of credit holders. 0 -10 Memorandum I To: Bart Olson, City Administrator EST 1836 From: Brad Sanderson,EEI CC: Eric Dhuse, Director of Public Works 0 � Krysti Barksdale-Noble, Community Dev. Dir. E— Lisa Pickering, Deputy City Clerk Date: December 16, 2011 Subject: Raging Waves p The developer has verbally requested a letter of credit reduction f or the above referenced roject. Currently, the letter of credit for the site work has been reduced to its lowest level based on current City policy. It is our understanding that there will be a separate agreement made in regard to the possible adjustment of the policy for this project. We have attached the current p unch list for your information. According to our understanding of the agreement, we are recommending that Commercia Bank LOC#628335-04 for Phase I Sitework be reduced by the amount of$328,925.02. The remaining amount of the LOC would be $100,000.00. The new LOC should cover earth work, erosion j. control, pavement, water main, sanitary sewer, storm sewer, striping, traffic control, and any other miscellaneous items remaining to be constructed in the development. Please incorporate this into the next public works meeting for discussion and the next available City Council meeting for approval. If you have any questions or require additional information, please call. Engineering Enterprises,Inc. FXY Only December 12, 2011 D® .N®t Fde Mr. Nate Peterson Axis Construction Services, Inc. 15 Salt Creek Lane, Suite-214 Hinsdale, IL 60521 Re: Raging Waves✓4000 N. Bridge St United City of Yorkville Kane County, Illinois Mr. Peterson: A punch list re-inspection was completed on December 8, 2011 by our office for the above referenced project. A summary of the punch list items are as follows: General 1'. Record drawings were submitted and have been reviewed for the Raging Waves subdivision. A letter dated December 5, 2011 was sent to Mr. Nate Peterson.with Axis Construction Service, Inc. Once the record drawings are approved, provided two full-size prints and a.digital copy to be imported into the City's Base Map and GIS System. 2. Provide IDOT sign-off of approved final inspection for all work done in conjunction with your IDOT Highway Permit(s). Storm Sewer 3. Raise CB at station 20+50. This will be done during paving operations. (To be completed Spring 2012) Paving, Landscaping, and Lighting 4. Complete Rosenwinkei roadway improvements, including completion of intersection at the far east end of the road. (To be completed Spring of 2012) 5. Since the curb & gutter will endure another winter season it will need to be re-inspected prior to surface.application in the Spring of-2012. Damaged curb to be marked out by EEI. 6. Roadways will be marked for repairs immediately prior to surface-course application. Please call EEI to schedule inspection. (To be completed Spring of 2012) 7. Once paving operations start in the spring of 2012 the employee: parking area should be completed per approved plans. Road,52 Wheeler . Grove, 1 f (6 30)466-6700 0)466-6701 r Mr. Nate Peterson December 12, 2011 Page 2 of 2 8. Provide as-built Landscape Plan for review and inspection. 9. . Remove and replace dead/dying landscaping. 10. Remove and replace multi-stem tree at the east end of Rosenwinkel with a single stem tree. Once the above items have been completed, the Developer should contact our office. At that time, we will conduct another inspection to ensure that each item has been properly addressed. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Ms. Krysti Barksdale-Noble, Community Development Director Mr. Eric Muse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk. Mr. Randy Witt, Raging Waves SW-M, JWF, EEI i i i i GAPub1ic\Yorkvi11e\20111Y01143-D Raging Waves\Docs\Punch1ist02.doc Ordinance No. 2011- ORDINANCE AMENDING REQUIREMENTS FOR IMPROVEMENT SECURITIES WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, as authorized by the Illinois Municipal Code, the City has established requirements in connection with all development within its boundaries for the posting of securities to guarantee the construction of all required public improvements to service any development as specifically set forth in Title 8, Chapter 1, Section 7 (8-1-7) and Title 11, Chapter 5, Section 1 (11-5-1) of the City Code; and, WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities") approved a Final Plat for the O'Keefe Subdivision Unit One by Craig R. Knocke & Associates dated August 20, 2007, which Final Plat depicted the development of a water park to be known as "Raging Waves" and recorded with the Kendall County Recorder on May 22, 2008; and, WHEREAS, as required by the City Code security for the public improvements for the Development, in the amount of$428,952.02 was delivered to the City; and, WHEREAS, as a part of the development approval process, the Corporate Authorities imposed two and three-quarters percent (2.75%) admission as tax which applied to the Development and the City agreed to rebate said admissions tax, all as provided in an Annexation Agreement dated September 26, 2006, as amended June 10, 2008 and June 22, 2011 (collectively the "Annexation Agreements"); and, 1 WHEREAS, the City has been requested to reduce the amount of security the City now maintains in connection with the construction of the public improvements for the Development on the condition that the City withhold the admissions tax generated by the Development until the earlier of the completion of the public improvements for the Development or the accumulation of the amount of the admissions tax withheld by the City equals the total amount of security, as mandated by City Code; and, WHEREAS, the Corporate Authorities are prepared to consider the reduction of the security required in connection with the Development on the condition that an escrow be established into which any amounts of admissions tax to be rebated shall be deposited as securing for the public improvements to serve the Development until such time as all requirements of the City Code are met. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing preambles are hereby adopted as if fully restated herein. Section 2. The security required in the amount of $428,952.02 for the public improvements to be constructed in connection with the Development pursuant to Title 8, Chapter 1, Section 7 (8-1-7) and Title 11, Chapter 5, Section (11-5-1) is hereby reduced to $100,000 on the condition that admissions tax to be rebated pursuant to an Annexation Agreements be held in escrow by the City until such time as the required public improvements are completed and accepted by the City or the amount held in escrow by the City as security for the public improvements to serve the Development is equal to the amount required pursuant to the City Code. 2 Section 3. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. United City of Yorkville, Kendall County, Illinois, this day of A.D. 2011. CHRIS FUNKHOUSER GEORGE T. GILSON, JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. Mayor Attest: City Clerk 3 Al'C"D C/ry Reviewed By: Agenda Item Number �; O J 4 -111, .1� Legal ❑ Mayor#4 EST. �. " 1836 Finance ❑ Engineer ■ Tracking Number ��.((°1 City Administrator ❑ Consultant ltant El PW 2011-68 El.—c—, t Agenda Item Summary Memo Title: Grand Reserve LOC Reduction Meeting and Date: City Council—December 27, 2011 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: See attached staff memo. "NA Memorandum .iji To: Bart Olson,City Administrator esr. �,�'� _;__ 18366 From: Brad Sanderson EEI CC: Krysti Barksdale-Noble, Community Dev. Dir. Eric Dhuse,Director of Public Works �j tE Lisa Pickering, Deputy City Clerk Date: December 16,2011 Subject: Grande Reserve North—Letter of Credit Reductions At the request of Bank of America a punch list was completed on the Grande Reserve subdivision(north of RR)and a corresponding letter of credit(L/C)review was completed. At this time we recommend the reduction of the L/C's for the above referenced project. The amount of the reduction is based upon the value of improvements that have been completed to date in relation to the existing L/C's. The new L/C amounts and reduction values are listed below (see attachments for details). L/C 43 Unit 12 Outfall Storm Sewer, Current Balance $46,054.66 Proposed Balance $37,373.81 Reduction $8,680.85 L/C# 5 Unit 12 Neighborhood 5, #5587890 Current Balance $278,745.82 Proposed Balance $136,523.79 Reduction $142,222.03 L/C#7 Unit 13 Neighborhood 3,#S587891 Current Balance $371,870.36 Proposed Balance $210,662.49 Reduction $161,207.87 L/C# 10 Unit 14 Neighborhood 3• #5591707 Current Balance $226,731.97 Proposed Balance $160,449.44 Reduction $66,282.54 L/C# 12 Unit 15 Neighborhood 5,45591705 Current Balance $353,266.57 Proposed Balance $264,212.94 Reduction $89,053.63 L/C#14 Unit 20 Neighborhood 2, #5591367 Current Balance $709,697.33 Proposed Balance $415,257.56 Reduction $294,439.77 L/C 415 Unit 22 Neighborhood 5, Current Balance $407,404.75 Proposed Balance $155,633.96 Reduction $251,770.79 L/C# 17 Unit 23 Neighborhood 1• #S594383 Current Balance $713,701.91 Proposed Balance $660,794.04 Reduction $52,907.87 L/C # 18 Unit 23 Neighborhood 1 &2,#5594384 Current Balance $837,036.20 Proposed Balance $783,770.26 Reduction $53,265.94 Please incorporate this into the next public works meeting for discussion and the next available City Council meeting for approval. If you have any questions or require additional information, please call. Grande Reserve LOC Summary and Status-EEI Recommendation December 16,2011 "liminate LOC EEI EEI Amount Transfer Issue or Transfer LOC Project Description Current Recommended Recommends"' of Required Obligation t, Check to Obligation LOC NUMBER Units status Amount Amount Reduction Work BA '- nd Purchas- City to Future Builder 5,14,15,28,20, 1 S604197 21,22,25,26,27 Houseline $50,000 $50,000 $0 $0 $50,000 $0 $0 2 5585960 12 Ponds not Complete $31,689 $31,689 $0 $0 $31,689 $0 $0 3 5587587 12 Outfall Storm Sewer $46,055 $37,374 $8,681 $0 $37,374 $0 $0 4 S58S959 13,19 Ponds not Complete $41,688 $41,688 $0 $0 $41,688 $0 $0 5 5587890 12 Binder $278,746 $136,524 $142,222 $0 $136,524 $0 $0 6 5594295 12 Houseline $21,000 $21,000 $0 $0 $21,000 $0 $0 7 5587891 13 Binder $371,870 $210,662 $161,208 $0 $210,662 $0 $0 8 5594168 13 Houseline $31,500 $31,500 $0 $0 $31,500 $0 $0 9 5590245 14,18,19,25 Ponds not Complete $141,393 $141,393 $0 $0 $141,393 $0 $0 10 S591707 14 Binder $226,732 $160,449 $66,283 $0 $160,449 $0 $0 11 5590244 15,22 Ponds not Complete $98,430 $98,430 $0 $0 $98,430 $0 $0 12 5591705 25 Binder $353,267 $264,213 $89,054 $0 $264,213 $0 $0 13 5591366 19 Landscaping $33,003 $33,003 $0 $0 $33,003 $0 $0 14 5591367 20 Binder $709,697 $415,258 $294,440 $0 $415,258 $0 $0 15 5598664 22 Binder $407,405 $155,634 $251,771 $0 $155,634 $0 $0 16 5590433 23,26,27 Ponds not Complete $654,913 $654,913 $0 $0 $654,913 $0 $0 17 5594383 23 Binder $713,702 $660,794 $52,908 $0 $660,794 $0 $0 18 5594384 23 Landscaping $837,036 $783,770 $53,266 $0 $783,770 $0 $0 19 5590434 1 20,21 1 Vanes $25,075 1 $25,075 1 $0 1 $0 $25,075 1 $0 50 TOTAL $5,073,201 1 $3,953,370 1 1.�9.P31 1 $0 5-74,953,370 1 $0 $0 LETTER OF CREDIT-3•S587587 ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST FOR Unit 12 GRANDE RESERVE NORTH-NEIGHBORHOOD 3$5 MODEL AREA Outfall Storm Sewer YORKVILLE,ILLINOIS (BASED ON ENGINEERING IMPROVEMENT PLANS,PLAN DATE 8/2805) FILE:3405.00-4 00 EROSION DATE:9/12/05 REVISED:10/13/05 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST C.OUTFALL STORM SEWER 1. MANHOLE(60"DIA.) 9 EA. 1,800.00 16,200.00 100% 0.00 2. MANHOLE(72-DIA.) 2 EA. 2,800.00 5,600.00 100% 0.00 3. CATCH BASIN(60"DIA.) 2 EA. 1,500.00 3,000.00 100% 0.00 4. 30"FES W/GRATE 5 EA. 1,100.00 5,500.00 100% 0.00 5. 36"FES W/GRATE 1 EA. 1,300.00 1,300.00 100% 0.00 6. 12"RCP 14 L.F. 19.00 266.00 100% 0.00 7. 15"CMP 170 L.F. 28.00 4,760.00 100% 0.00 8. 15'RCP 21 L.F. 20.00 420.00 100% 0.00 9. 30'RCP 389 L.F. 42.00 16,336.00 100% 0.00 10. 36"RCP 2,616 L.F. 52.00 136,032.00 100% 0.00 11. SPECIAL STORM STRUCTURE 4 EA. 7,500.00 30,000.00 100% 0.00 12. SELECT GRANULAR TRENCH BACKFILL 127 L.F. 15.00 1,905.00 100% 0.00 13. CONNECT TO EXISTINGMH 1 EA. 1,000.00 1,000.00 100% 0.00 14. RESTORATION 51 L.F. 200 10,200.00 100% 0.00 15, ROAD R.O.W.RESTORATION 2 EA. 3,750.00 7,500.00 100% 0.00 15. SEDIMENT PROTECTION 1 EA. 9,137.74 9,137.74 100% 0.00 TOTAL 249,158.74 0100 Plus 10% 24,915.87 0.00 274,074.81 0.00 Current LOC 46,054.66 Amount of Completed Work 0.00 Amount of Required 0.00 Transfer Obligation to Land Purchaser 0,00 Issue Check to City 10,000.00 Eliminate LOC or Transfer Obligation to Future Bulkier 36,05446 Remaining Work 0.00 Retainage(15%) 37,373.81 EEI Recommend LOC Value 37,373.81 Possible Reduction Value 8,680.85 LETTER OF CREDIT-5-S587890 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR Unit 12 GRANDE RESERVE NORTH-NEIGHBORHOOD 3&5 MODEL AREAS NEIGHBORHOOD 5 YORKVILLE,ILLINOIS (BASED ON PLANS BY CGL,LTD.DATED 826105) FILE:3405.05 est 091205.xis DATE:9/12/05 REVISED:10113/05 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A. EXCAVATION,GRADING,AND SOIL EROSION CONTROL COVERED BY PREVIOUS LETTER OF CREDIT B. SANITARY SEWER 1. 8'PVC SANITARY SEWER(SDR-26) 1,081 L.F. 20.00 21,620.00 100% 0.00 2. 8'PVC SANITARY SEWER(SDR-21) 189 L.F. 30.00 5,670.00 100% 0.00 3. 48'MANHOLE TYPE A W/FRAME&LID 11 EA. 1,950.00 21,450.00 100% 0.00 4. 6'SANITARY SERVICE COMPLETE, INCLUDING TEE&SELECT GRANULAR BACKFILL-NEAR 20 EA. 450.00 91000.00 100% 0.00 5, 6'SANITARY SERVICE COMPLETE, INCLUDING TEE&SELECT GRANULAR BACKFILL-FAR 0 EA. 1,200.00 0.00 100% 0.00 6. 8'PLUG 3 EA. 250,00 750.00 100% 0.00 7. SELECT GRANULAR BACKFILL(CAOT) 160 L.F. 36.50 5,840.00 100% 0.00 8. CONNECT TO EXISTING MANHOLE 1 EA. 1,500.00 1,500.00 100% 0.00 9. TELEVISE MAINS 1,270 L.F. 1.00 1,270.00 100% 0.00 TOTAL SANITARY SEWER $ 67,100.00 $ C. WATERMAN 1. 8'DUCTILE IRON WATER MAIN 1,186 L.F. 21.00 24,906.00 100% 0.00 2. 8'VALVE&BOX 3 EA. 1,000.00 3,000.00 100°A 0.00 3. 8"X 16'PRESSURE CONNECTION W/60' VAULT 1 EA. 4,000.00 4,000.00 100% 0.00 4. 1-TYPE K COPPER SERVICE,NEAR 20 EA 300.00 6,000.00 100% 0.00 S. 1'TYPE K COPPER SERVICE,FAR 0 EA 600.00 0.00 100% 0.00 6. 8'PLUG 3 EA. 250.00 750.00 100% 0.00 7. FIRE HYDRANT 2 EA. 1,900.00 3,800.00 100% 0.00 8. FLUSHING FIRE HYDRANT 2 EA. 1,200.00 2,400.00 100% 0.00 9. SELECT GRANULAR BACKFILL(MAINLINE) 246 EA. 17.50 4,305.00 100% 0.00 TOTAL WATERMAIN $ 49,161.00 = D. STORM SEWER 1. 12"RCP 640 L.F. 16.00 10,240.00 100% 0.00 2. 12"RCP W/ASTM C-443 JOINTS 46 L.F. 18.00 828.00 100% 0.00 3. 15"CMP 84 L.F. 14.00 1,176.00 100% 0.00 4. 15'RCP 30 L.F. 17.00 510.00 100% 0.00 5. 18"RCP 40 L.F. 19.00 760,00 100% 0.00 6. 18'RCP W/ASTM C-443 JOINTS 157 L.F. 21.00 3,297.00 100% 0.00 7. 21"RCP 24 L.F. 25.00 600.00 100% 0.00 8. 24"RCP W/ASTM C-443 JOINTS 144 L.F. 30.00 4,320,00 100% 0.00 9. 27"RCP 54 L.F. 33.00 1,782.00 100% 0.00 10. 30"RCP 166 L.F. 38.00 6,308.00 100% 0.00 11. 30'RCP W/ASTM C-443 JOINTS 129 L.F. 40.00 5,160.00 100% 0.00 12. 36'RCP 168 L.F. 42.00 7,056.00 100% 0.00 13. 48"MANHOLE W/FRAME&LID 3 EA. 1,050.00 3,150.00 100% 0.00 14. 60"MANHOLE W/FRAME&LID 10 EA. 1,430.00 14,300.00 100% 0.00 15. 48"CATCH BASIN W/FRAME&GRATE 3 EA. 1,300.00 3,900.00 100% 0.00 16. 60"CATCH BASIN W/FRAME&GRATE 1 EA. 2,000.00 2,000.00 100% 0.00 17. 24"INLET TYPE A W/FRAME&GRATE 4 EA. 600,00 2,400.00 100% 0.00 18. 36"RCP FLARED END SECTION 1 EA 1,500.00 1,500.00 100% 0.00 19. 12'PLUG 3 EA. 250.00 750.00 100% 0.00 20. 15"PLUG 2 EA. 250.00 500.00 100% 0.00 21, 18'PLUG 2 EA. 250.00 500.00 100% 0.00 22. SELECT GRANULAR BACKFILL(MAINLINE) 390 L.F. 10.00 3,900.00 100% 0.00 23. TELEVISE STORM SEWER 2,357 L.F. 1.75 4,124.75 100% 0.00 TOTAL STORM SEWER $ 79,061.75 j E. PAVING,CURBS,SIDEWALK 1. 1-1/2"BIT.CONC.SURFACE COURSE CL I, MO(C 2,691 S.Y. 3.15 8,4T6.65 0% 8,476.65 2. 2-112'BITUMINOUS CONCRETE BINDER COURSE 1,284 S.Y. 3.00 3,852.00 100% 0.00 3. 6"BITUMINOUS CONCRETE BINDER 1,407 S.Y. 5.00 7,035.00 100% 0.00 4. 10-AGGREGATE BASE COURSE 1,284 S.Y. 7.50 9,830.00 100% 0.00 5. 16'AGGREGATE BASE COURSE 1,407 S.Y. 12.00 16,884.00 100% 0.00 6. TEMPORARY PAVEMENT 2"SURFACE OVER 8"AGGREGATE BASE COVER 437 S.Y. 9.50 4,151.50 100% 0.00 7. 5'WIDE-5"PCC SIDEWALK W/2" AGGREGATE 8,620 S.F. 3.75 32,325.00 8,081,25 8. B6.12 CONCRETE CURB&GUTTER WITH 4" AGGREGATE BASE 2,021 L.F. 12.00 24,252.00 100% 0.00 9. REVERSE PITCH B61.2 CONCRETE CURB 8 GUTTER WITH 4"AGGREGATE BASE 703 L.F. 12.00 8,436.00 100% 0.00 10. GEOTEXTILE FABRIC 2,691 S.Y. 1.20 3,229.20 100% 0.00 11. BACKFILL CURBS 2,724 EA. 1.00 2,724.00 100% 0.00 12. FINE GRADE STREET SUBGRADE 2,691 S.Y. 015 2,018.25 100% 0.00 TOTAL PAVING,CURBS,SIDEWALK $ 123,013.60 $ 18,557.90 F. STREET LIGHTING 1. STREET LIGHT 25'STANDARD,COMPLETE INCLUDE WIRE A TRENCHING.ETC. 3 EA. 4,500.00 13,500.00 100% 0.00 TOTAL STREET LIGHTING $ 13,500.00 G. LANDSCAPING Street Trees 43,487.00 10,871.75 Buffer&Common Area 90,536.00 22,634.00 1. Miscellaneous' 0 EA. 0.00 27,235.00 6,808.75 'ESTIMATE FROM ROLF CAMPBELL TOTAL LANDSCAPING $161,258.00 $40,314.50 SUMMARY A. EXCAVATION&GRADING N/A WA B. SANITARY SEWER 67,100.00 0.00 C. WATERMAIN 49,161.00 0.00 D. STORM SEWER 79,061.75 0.00 E. PAVING,CURBS,SIDEWALK 123,013.60 16,557.90 F. STREET LIGHTING 13,500.00 0.00 G. LANDSCAPING 161,258.00 40,314.50 TOTAL 493,094.35 56,872.40 Plus 10% 49,309.44 5,687.24 542,40339 62,559.84 Current LOC 278,745.82 Amount of Completed Work 110,292.00 Amount of Required 9,324.00 Transfer Obligation to Land Purchaser 129,250.00 Issue Check to City 0.00 Eliminate LOC or Transfer Obligation to Future Builder 29,879.82 Remaining Work 62,559.64 Retairrage(15%) 73,964.15 EEI Recommend LOC Value 136,523.79 Possible Reduction Value 142,222.03 LETTER OF CREDIT-7-S587891 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR Unit 13 GRANDE RESERVE NORTH-NEIGHBORHOOD 3&5 MODEL AREAS NEIGHBORHOOD 3 YORKVILLE,ILLINOIS (BASED ON PLANS BYCGL,LID.DATED 8/26405) FILE:3405.05 est 091205.xis DATE:9112105 REVISED:10/13/05 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A. EXCAVATION,GRADING,AND SOIL EROSION CONTROL COVERED BY PREVIOUS LETTER OF CREDIT B. SANITARY SEWER 1. 8-PVC SANITARY SEWER(SDR-26) 450 L.F. 20.00 9,000.00 100% 0.00 2. 8-PVC SANITARY SEWER(SDR-21) 560 L.F. 30,00 16,800.00 100% 0.00 3. 12-PVC SANITARY SEWER(SDR-21) 814 L.F. 40.00 32,560.00 100% 0.00 4. 48-MANHOLE TYPE A W/FRAME&LID 8 EA. 1,950.00 15,600.00 100% 0.00 5. 48'MANHOLE TYPE A W/FRAME&LID 1 EA. 3,500.00 3,500.00 100% 0.00 6. INSTALL DROP STRUCTURE 1 EA. 5,000.00 5,000.00 100% 0.00 7, 6-SANITARY SERVICE COMPLETE, INCLUDING TEE&SELECT GRANULAR BACKFILL-NEAR 20 EA. 450.00 9,000.00 100% 0.00 8, 6-SANITARY SERVICE COMPLETE, INCLUDING TEE&SELECT GRANULAR BACKFILL-FAR 16 EA. 1,200.00 19,200.00 100% 0.00 9. 8°PLUG 2 EA. 250.00 500.00 100% 0.00 10. 12"PLUG 1 EA. 250.00 250.00 100% 0.00 11. OPEN CUT PAVEMENT 22 LF. 100.00 2,200.00 100% 0.00 12. ROW RESTORATION 1 L.S. 2,500.00 2,500.00 100% 0.00 13. SELECT GRANULAR BACKFILL(CA07) 292 L.F. 36.50 10,658.00 100% 0.00 14. TELEVISE MAINS 1,824 L.F. 1.00 1,824.00 100% 0.00 TOTAL SANITARY SEWER $ 128,592.00 $ C. WATERMAN 1. W DUCTILE IRON WATER MAIN 292 LF. 21.00 6,132.00 100% 0.00 2. 101 DUCTILE IRON WATER MAIN 1,756 LF. 25.00 43,900.00 100% 0.00 3. 8-PLUG 2 EA. 250.00 500.00 100% 0.00 4, 10"PLUG 1 EA 250.00 250.00 100% 0.00 5. B-VALVE&BOX 1 EA. 1,000.00 11000.00 100% 0.00 6. 10'VALVE&BOX 5 EA. 2,500.00 12,500.00 100% 0.00 7. 10-X 16-PRESSURE CONNECTION W160" VAULT 1 EA. 4,000.00 4,000.00 100% 0.00 8. CONNECT TO EXISTING 1 EA. 500.00 500.00 100°/0 0.00 9. 1"TYPE K COPPER SERVICE,NEAR 4 EA. 300.00 1,200.00 1000/ 0.00 10. 1'TYPE K COPPER SERVICE,FAR 32 EA. 600.00 19,200.00 100% 0.00 11. FIRE HYDRANT 6 EA. 1,900.00 11,400.00 100% 0.00 12. SELECT GRANULAR BACKFILL(MAINLINE) 260 EA. 17,50 4,550.00 100% 0.00 13. OPEN CUT PAVEMENT 26 L.F. 100.00 2,600.00 100% 0.00 14. ROW 1 L.S. 2,500.00 2,500.00 100% 0.00 TOTAL WATERMAIN $ 110,232,00 $ - 0. STORM SEWER 1. 12"RCP 1,179 L.F. 16.00 18,864.00 100% 0.00 4. 15'RCP 220 L.F. 17.00 3,740.00 100% 0.00 5. 30"RCP 30 L.F. 38.00 1,140.00 1000/6 0.00 6. 30'RCP W/ASTM C-443 JOINTS 305 L.F. 50.00 15,250.00 100% 0.00 7. 36"RCP 729 L.F 42.00 30,618.00 100% 0.00 8. 36'RCP W/ASTM C-443 JOINTS 147 L.F. 58.00 8,526.00 100% 0.00 13. 48'MANHOLE W/FRAME&LID 4 EA. 1,050.00 4,200.00 100% 0.00 14. 60"MANHOLE W/FRAME&LID 1 EA. 1,430.00 1,430.00 100% 0.00 72"MANHOLE W/FRAME&LID 6 EA. 2,000.00 12,000.00 100% 0.00 84"MANHOLE W/FRAME&LID 1 EA. 3,000.00 3,000.00 100% 0.00 15. 48"CATCH BASIN W/FRAME&GRATE 6 EA. 1,300.00 7,800.00 100% 0.00 16. 60'CATCH BASIN W/FRAME&GRATE 1 EA. 2,000.00 2,000.00 100% 0.00 17. 24"INLET TYPE A W/FRAME&GRATE 7 EA, 600.00 4,200.00 100% 0.00 18. 36"RCP FLARED END SECTION 2 EA 11500.00 3000.00 100% 0.00 20. 15'PLUG 1 EA. 250.00 250.00 100% 0.00 21. 30"PLUG 3 EA. 250.00 750.00 100% 0.00 22. SELECT GRANULAR BACKFILL(MAINLINE) 241 L.F. 10.00 2,410.00 100% 0.00 23. TELEVISE STORM SEWER 2,610 L.F. 1.75 4,567.50 100% 0.00 TOTAL STORM SEWER j 129,74540 j I? PAVING,CURBS,SIDEWALK 1. 1-1/2'BIT.CONC.SURFACE COURSE CL I, MIX C 6,374 S.Y 3.15 20,078.10 0% 20,078.10 2. 2-1/2'BITUMINOUS CONCRETE BINDER COURSE 3,336 S.Y. 3.00 10,008.00 100% 0.00 3. 4-1/2"BITUMINOUS CONCRETE BINDER COURSE 3,038 S.Y. 5.00 15,190.00 100% 0.00 4. 10'AGGREGATE BASE COURSE 3,336 S.Y. 7.50 25,020.00 100% 0.00 5. 12"AGGREGATE BASE COURSE 3,038 S.Y. 9,00 27,342.00 100% 0.00 6. TEMPORARY PAVEMENT 2"SURFACE OVER W AGGREGATE BASE COVER 344 S.Y. 9.50 3,268.00 100% 0.00 7. 5'WIDE-5'PCC SIDEWALK W/2' AGGREGATE 12,644 S.F 3.75 47,415.00 70°/9 14,224.50 BIKE PATH 2"SURFACE W/8'STONE BASE 691 S.Y. 9.50 6,564.50 100% 0.00 8. B6.12 CONCRETE CURB&GUTTER WITH 4" AGGREGATE BASE 4,670 L.F. 12.00 56,040.00 100°/ 0.00 9. REVERSE PITCH 861.2 CONCRETE CURB& GUTTER WITH 4"AGGREGATE BASE 533 L.F. 12.00 6,396.00 1000/6 0.00 10. GEOTE?CTILE FABRIC 6,374 S.Y. 1.20 7,648.80 100% 0.00 11. BACKFILL CURBS 5,203 EA. 1.00 5,203.00 100% 0.00 12. FINE GRADE STREET SUBGRADE 6,374 S.Y. 0.75 4,780.50 1001/0 0.00 TOTAL PAVING,CURBS,SIDEWALK $ 234,953.90 5 34,302.80 F. STREET LIGHTING 1. STREET LIGHT 25'STANDARD,COMPLETE INCLUDE WIRE&MENCHING.ETC. 8 EA, 4,500.00 36 000.00 1001% 0.00 TOTAL STREET LIGHTING $ 36,000.00 $ - G. LANDSCAPING 1• Street Trees" 35,229.00 70% 10,568.70 2. Buffer&Common Area 89,403.00 701/9 26,820.90 3. Miscellaneous' 0 EA. 0.00 37,662.00 709/9 11,298.60 ESTIMATE FROM ROLF CAMPBELL TOTAL LANDSCAPING $162,294.00 $48,8118.20 SUMMARY A. EXCAVATION&GRADING N/A WA S. SANITARY SEWER 128,592.00 0.00 C. WATERMAIN 110,232.00 0.00 D. STORM SEWER 123,745.50 0.00 E. PAVING,CURBS,SIDEWALK 234,953,90 34,302,60 F. STREET LIGHTING 36,000,00 0,00 G. LANDSCAPING 162,294.00 48 688.20 TOTAL 795,617.40 82,990.80 Plus 10% 79,581.74 8,299.08 975,399.14 91,289.86 Current LOC 371,870.38 Amount of Completed Work 146,796,00 Amount of Required 22,088,00 Transfer Obligation to Land Purchaser 92,272,00 Issue Check to City 0,00 Eliminate LOC or Transfer Obligation to Future Builder 110,716,36 Vb LETTER OF CREDIT-10-S591707 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR-UNIT 14 GRANDE RESERVE NORTH NEIGHBORHOOD 3 PHASE 3-2(UNIT 14) YORKVILLE,ILLINOIS FILE:3405.03finelesl0321056As DATE:03/21!06 REVISED: 05/05/06 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A.EXCAVATION,GRADING,AND SOIL EROSION CONTROL COVERED BY PREVIOUS LETTER OF CREDIT S. SANITARY SEWER 1. 8-PVC SANITARY SEWER(SDR 26) 188 L.F. 20.00 3,760.00 100% 0.00 2. 81 PVC SANITARY SEWER(SDR 26)ASTM 2241 369 L.F 22.00 8,118.00 100% 0.00 3. 8-PVC SANITARY SEWER(SDR 21) 385 L.F 26-00 10,010.00 100% 0.00 4. 48'MANHOLE TYPE A W/FRAME 8 LID 6 EA. 1,950.00 11,700.00 100% 0.00 5. 48'MANHOLE TYPE A W/FRAME 8 LID,DROP STRUCTURE 1 EA. 3,500.00 3,500.00 100% 0.00 6. 6'SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRANULAR BACKFILL-NEAR 11 EA. 360.00 3,980.00 1 OD% 0.00 7. W SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRAN"BACKFILL-FAR 33 EA. 1,200.00 39,600.00 100% 0.00 8. 6"SERVICE RISER 80 V.F. 25.00 2,000.00 100% 0.00 9. CONNECT TO EXISTING 8'SEWER 1 EA. 500.00 500.00 100% 0.00 10, SELECT GRANULAR BACKFILL(CA-7) 373 L.F. 36.50 13,614.50 100% 0,00 11. TELEVISE MAINS 942 LF. 1.00 942.00 100% 0.00 TOTAL SANITARY SEWER f 87.704.50 f - C.WATER MAIN 1. 6"DUCTILE IRON WATER MAIN 51 L.F. 18-00 918.00 100% 0,00 2. 8"DUCTILE IRON WATER MAIN 1,356 L.F. 21.00 28,476.00 100% 0.00 3. 8"PLUG d STUB 0 EA. 250.00 0.00 100% 0.00 4. 8"VALVE&BOX 2 EA. 1,000.00 2,000.00 100% 0.00 5. 1"TYPE K COPPER SERVICE,NEAR 44 EA 300.00 13,200.00 100% 0.00 6. 1"TYPE K COPPER SERVICE,FAR 0 EA 600.00 0.00 100% 0,00 7. FIRE HYDRANT 3 EA. 1,900.00 5,700.00 100% 0.00 8. FLUSHING HYDRANT 0 EA. 900.00 000 100% 0.00 9, DEPRESS WATER MAIN 3 EA. 500.00 1,500.00 100% 000 10. CONNECT TO EXISTING WATER MAIN 1 EA. 500.00 500,00 100% 0,00 11 SELECT GRANULAR BACKFILL(MAINLINE) 128 EA. 17.50 2240.00 100% 0.00 TOTAL WATER MAIN f 54,834.00 $ D.STORM SEWER 1 8'PVC SUMP CONNECTION 979 LF. 12,00 11,748,00 100% 0.00 2. 12"RCP 288 L F 19,00 5,472.00 1001/6 0.00 3. 12'RCP W/ASTM 0443 JTS. 104 L.F 20.00 2,080.00 100% 0.00 4. 15 RCP 217 LF 20.00 4,340.00 100% 0.00 S. 15'RCP W/ASTM C443 JTS. 151 L.F. 22,00 3,322.00 100% 0.00 6. 18'RCP 82 LF 24.00 1,968.00 100% 0.00 7. 18'RCP W/ASTM 0443 JTS. 0 L.F. 26.00 0.00 100% 0.00 8. 21"RCP 302 LF 26.00 7,852.00 100% 0.00 9. 21'RCP W/ASTM C443 JTS 0 L.F. 29.00 0.D0 100% 0,00 10. 24"RCP 0 LF 30.00 0.00 100% 0.00 11 27'RCP 443 LF 33.00 14,619.00 100% 0.00 12. 27"RCP W/ASTM C443 JTS. 0 L.F. 36.00 0.00 100% 0.00 13. 30'RCP 617 LF 37.00 22,829.00 100% 0.00 14. 30'RCP W/ASTM C-443 JOINTS 149 L.F. 40.00 5,960.00 10D% 000 15. 36*RCP 0 L.F. 47.00 0.00 1DD% 0.00 16. 42'RCP 0 L.F. 60.00 0.00 100% 0.00 17. 48'MANHOLE W/FRAME&LID 4 EA. 1,050.00 4,200.00 100% 0.00 18. 6D'MANHOLE W/FRAME&LID 7 EA. 1,400.00 9,800.00 100% 0.00 19 72'MANHOLE W/FRAME&LID 2 EA. 2,000.00 4,000,00 100% 0.00 20. 48'CATCH BASIN W/FRAME&GRATE 5 EA 1,200.00 6,000.00 100% 0.00 21. 60'CATCH BASIN W/FRAME&GRATE 0 EA, 1,500.00 0.00 10D% 0.00 22, 24'INLET TYPE A W/FRAME&GRATE 5 EA. 600,00 3,000.00 100% 0.00 23. 24"RCP FLARED END SECTION W/GRATE 0 EA. 1,500.00 0.00 100% 0.00 24. 8'PVC CLEANOUT FOR SUMP CONNECTION 6 EA, 300.00 1,800.00 100% 0,00 25. 42'RCP FLARED END SECTION W/GRATE 0 EA, 1,500.00 0.00 100% 0,00 26. 36"PLUG 0 EA 300.00 0.00 100% 0.00 27 CONNECT TO EXISTING 4 EA, 300.00 1,200.00 100% 0.00 28. SELECT GRANULAR BACKFILL(MAINLINE) 166 L.F. 10.00 1,660.00 100% 0.00 29. TELEVISE STORM SEWER 3,332 L.F. 1.75 5,831.00 100% 0.00 TOTAL STORM SEWER S 117,681.00 $ E. PAVING,CURBS,SIDEWALK 1. 1-1/2'BIT.CONC,SURFACE COURSE CL I,MIX 3,757 S.Y. 3.15 11,834.65 C 0% 11,834.55 2. 2-112"BITUMINOUS CONCRETE BINDER 3,757 S.Y. 3.00 11,271.00 COURSE 100% 0.00 3. 10'AGGREGATE BASE COURSE 3,757 S.Y. 7.50 28,177.50 100% 0.00 4. S WIDE-5'PCC SIDEWALK W/2 AGGREGATE 91015 S.F 3.25 29,298.75 50% 14,649.38 5. 86.12 CONCRETE CURB&GUTTER WITH 4' AGGREGATE BASE 1,670 L,F 8.75 14,612.50 100% 0.00 6. REVERSE PITCH CONCRETE CURB 8 GUTTER WITH 4'AGGREGATE BASE 506 L.F. 8.75 4,427.50 100% 0.00 7. GEOTEXTILE FABRIC 3,757 S.Y_ 1.20 4,508.40 100% 0.00 8. BACKFILL CURBS 2,176 L.F. 1.00 2178.00 100% 0.00 9. FINE GRADE STREET SUBGRADE 3,757 S.Y. 0,75 2,817.75 100% 0.00 TOTAL PAVING,CURBS,SIDEWALK $109,123.95 :26,48393 F.STREET LIGHTING 1 STREET LIGHT 25'STANDARD,COMPLETE INCLUDE WIRE 8 TRENCHING,ETC. INCLUDE WIRE 8 TRENCHING ETC. 5 EA, 3,000.00 15,000.00 101014 0.00 TOTAL STREET LIGHTING $ 15,000.00 $ G. LANDSCAPING 1. Street Trees 16,822.00 50% 8,411.00 2. Buffer B Common Area 17,801.00 50% 8,900.50 3. Miscellaneous' 0 EA, 0.00 68,535.00 50% 34,267,50 'ESTIMATE FROM ROLF CAMPBELL TOTAL LANDSCAPING $103,158.00 $51 37990 SUMMARY A. EXCAVATION 8 GRADING WA WA B. SANITARY SEWER 97,704.50 0.00 C.WATERMAIN 54,534.00 0.00 D.STORM SEWER 117,681.00 0.00 E. PAVING,CURBS,SIDEWALK 109,123.95 26,483.93 F. STREETUGHTING 15,000.00 0.00 G. LANDSCAPING 103,158.00 51,579.00 TOTAL 497,201 AS 78,06293 Plus 10% 49,720.15 7,80629 546,921.60 85,96922 Current LOC 226,731.97 Amount of Completed Work 81,228.00 Amount of Required 13,018.00 Transfer Obligation to land Purchaser 89,071.00 Issue Check to CRY 0.00 Eliminate LOC or Transfer Obligation to Future Builder 43,414.97 Remaining Work 85,669.22 Retainage(15%) 74,580 22 EEI Recommend LOC Value 160,44944 Possible Reduction Value 66,28254 LETTER OF CREDIT-12-S591705 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR UNIT 15 GRANDE RESERVE NORTH-NEIGHBORHOOD 5 PHASE 5-2(UNIT 15) YORKVILLE,ILLINOIS (BASED ON PLANS BY CGL,LTD.DATED 10131105) FILE:3405.05 est 120605xls DATE:12/06/05 REVISION:05/01/06 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A.EXCAVATION,GRADING,AND SOIL EROSION CONTROL COVERED BY PREVIOUS LETTER OF CREDIT B.SANITARY SEWER 1. 8-PVC SANITARY SEWER(SDR-26) 2,743 L.F. 20,00 54,860.00 100% 0.00 2. 48-MANHOLE TYPE A W/FRAME&LID 20 EA. 1,950.00 39,000.00 100% 0.00 3. 6'SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRANULAR BACKFILL-NEAR 65 EA 360.00 23,400.00 100% 0.00 4. S'SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRANULAR BACKFILL-FAR 23 EA. 950.00 21,850 00 100% 0.00 5. SELECT GRANULAR BACKFILL(CA-7) 342 L F. 3650 12,483.00 100% 0.00 6. 6'SERVICE RISER 209 V.F 25.00 5,225.00 100% 0.00 7. CONNECT TO EXISTING MANHOLE 1 EA 1,500.00 1,500.00 100% 0.00 8. TELEVISE MANS 2,743 L.F. 1.00 2,743.00 100% 0.00 TOTAL SANITARY SEWER S 161,061.00 >< C.WATERMAN 1. 8'DUCTILE IRON WATER MAIN 2,542 L.F. 21.00 53,382.00 100% 0.00 2. 8'VALVE&BOX 12 EA. 1,000.00 12,000.00 100% 0.00 3. W X 1S'PRESSURE CONNECTION W/601 VAULT 1 EA 4,000,00 4,000.00 100% 0.00 4. 1'TYPE K COPPER SERVICE,NEAR 71 EA 300.00 21,300.00 100% 0.00 5. 1'TYPE K COPPER SERVICE,FAR 14 EA 600,00 8,400.00 100% 000 6. CONNECTION TO EXISTING 1 EA. 500.00 500.00 100% 0.00 7. FIRE HYDRANT 11 EA. 1,900.00 20,900.00 100% 0,00 8. SELECT GRANULAR BACKFILL(MAINLINE) 275 LF 17.50 4,812.50 100% 0.00 TOTAL WATERMAIN S 125,294.50 S D. STORM SEWER 1. 12"RCP 474 LF. 19.00 9,006.00 100% 0.00 2. 15"RCP 368 L,F. 20.00 7,360.00 100% 0,00 3. 18'RCP 205 L.F. 24.00 4,920.00 100% 0,00 4. 21"RCP 347 L.F. 26.00 9,022.00 100% 0.00 5. 24'RCP 400 LT 30.00 12,000.00 100% 0,00 6. 48'MANHOLE W/FRAME&LID 6 EA. 1,050,00 6,300.00 100% O.DO 7. 60"MANHOLE W/FRAME&LID 3 EA. 1,400.00 4,200.00 100% 0.00 B. 48'CATCH BASIN W/FRAME&GRATE 9 EA. 1,200.00 10,800.00 100% 0.00 9. 24'INLET TYPE A W/FRAME&GRATE 7 EA. 600.00 4,200.00 100% 0.00 10. 2T RCP FLARED END SECTION 3 EA 820.00 2,460,00 100% 0.00 It CONNECTION TO EXISTING 4 EA, 500,00 2,000,00 100% 0.00 12. SELECT GRANULAR BACKFILL(MAINLINE) 305 L.F. 10.00 3,050.00 100% 0.00 13. TELEVISE STORM SEWER 1,794 L.F. 1.75 3,139,50 100% 0 00 TOTAL STORM SEWER $ 76,457.50 : E.PAVING,CURBS,SIDEWALK 1. 142'BIT.CONC.SURFACE COURSE CL I,MIX C (66'ROW/3D'B-B) 4,497 S.Y. 3.15 14,165.55 0% 14,165.55 2 2-12'BITUMINOUS CONCRETE BINDER COURSE (86'ROW/30'B$) 4,997 S.Y. 3.00 14,991.00 100% 0100 3. 10"AGGREGATE BASE COURSE (66'ROW/30'B-B) 4,997 S.Y. 7.50 37,477.50 100% 0.00 4. TEMPORARY PAVEMENT 2"SURFACE OVER 8"AGGREGATE BASE COVER 391 S.Y. 9.50 3,714.50 100% 0.00 5. V WIDE-5"PCC SIDEWALK W/2"AGGREGATE 14,650 S.F. 325 47,612.50 50% 23,806.25 6. Y BIT.CONC.SURFACE COURSE CL 1,MIX C (10'BIKEPATH) 27,250 S.F. 3,25 88,562.50 100% 0,00 7. 8'AGGREGATE BASE COURSE(10'BIKEPATH) 27,250 S.F. 6.00 163,500.00 100% 0.00 8. 10"AGGREGATE BASE COURSE (1'BKEPATH SHOULDER) 2,725 S.F. 7.50 20,437.50 100% 0.00 9. RETAINING WALL(ALONG BIKEPATH) 1,524 F.F. 25.00 38,100.00 100% 0.00 10. 86.12 CONCRETE CURB&GUTTER WITH 4" AGGREGATE BASE 2,845 L.F. 8.75 24,693.75 100% 0,00 11. BACKFILL CURBS 2,845 L.F 1.00 2,845.00 100% 0.00 12. GEOTEXTILE FABRIC 2,485 S.Y. 1.20 2,982.00 100% 0.00 13. FINE GRADE STREET SUBGRADE 1,499 S.Y. 0.75 1,124,25 100% 000 TOTAL PAVING,CURBS,SIDEWALK $ 460,406.05 $ 37,971.80 F.STREET LIGHTING 1. STREET LIGHT 26 STANDARD,COMPLETE INCLUDE WIRE&TRENCHING_ETC. 6 EA. 4,50000 27,000.00 60% 5,400.00 TOTAL STREET LIGHTING f 27,000.00 $ 5,400.00 G. LANDSCAPING 1, PARKWAY TREES(60'SPACING ALONG OPEN SPACE FRONTAGE) 14 EA. 350.00 4,900.00 50% 2,450,00 2. Street Trees* 21,809.00 50% 10,904,50 3. Buffer&Common Area" 70,847.00 50% 35,423.50 4. Miscellaneous' 0 EA. 0.00 29,117.00 50% 14558.60 "ESTIMATE FROM ROLF CAMPBELL TOTAL LANDSCAPING $126,673.00 $63,336,60 SUMMARY A. EXCAVATION&GRADING WA WA B. SANITARY SEWER 161,061,00 0.00 C.WATERMAIN 125,294.50 0.00 D. STORM SEWER 78,457.50 0.00 E. PAVING,CURBS,SIDEWALK 460,406,05 37,971.80 F. STREET LIGHTING 27,000.00 5,400.OD G. LANDSCAPING 126,673.00 63,336.50 TOTAL 978,882.05 108,708.30 Plus 10% 97,889.21 10,670.83 1,076,78126 117,378.13 Current LOG 353,266.57 Amount of Completed Work 114,143.00 Amount of Required 15,582,00 Transfer Obligation to Land Purchaser 117,998.00 Issue Check to City 0100 Eliminate LOC or Transfer Obligation to Future Builder 105,543.57 Remaining Work 117,379.13 Relainage(15X) 146,833.81 EEI Recommend LOC Value 264 212,94 Possible Reduction Value 89,053.63 LETTER OF CREDIT-14-S591367 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR UNIT 20 GRANDE RESERVE NORTH-NEIGHBORHOOD 2 PHASE 2-1(UNIT 20) YORKVILLE,ILLINOIS (BASED ON PLANS BY CGL,LTD.DATED 10031/05) FILE:3405.02 est 012506.x1s DATE:01/25106 REVISION:05/02106 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A. EXCAVATION,GRADING,AND SOIL EROSION CONTROL COVERED BY PREVIOUS LETTER OF CREDIT B. SANITARY SEWER 1. 8'PVC SANITARY SEWER(SDR-26) 2,006 L.F 20.00 40,120.00 100% 0.00 2. 8-PVC SANITARY SEWER(SDR-21) 197 L.F. 26.00 5,122.00 100% 0.00 3. 12'PVC SANITARY SEWER(DR-18) 1,565 L.F 40.00 62,600.00 100% 0.00 4, 48'MANHOLE TYPE A W/FRAME&LID 21 EA. 1,950.00 40,950.00 100% 0.00 5, 6-SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRANULAR BACKFILL-NEAR 37 EA. 360.00 13,320.00 100% 0.00 6. 6'SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRANULAR BACKFILL-FAR 26 EA. 1,200.00 31,200.00 100% 0.00 7 CONNECTION TO EXISTING 2 EA. 500.00 1,000.00 100% 0.00 & 12'PLUG 1 EA. 250.00 250,00 100% 0.00 9. 6'SERVICE RISER 33 V,F 25.00 5,225.00 100% 0.00 10. SELECT GRANULAR BACKFILL(CA-7) 430 L.F. 36.50 15,695.00 100% 0.00 11, TELEVISE MAINS 3,768 L.F. 1.00 3,768.00 100% 0.00 TOTAL SANITARY SEWER i 219,250,00 f C. WATERMAN 1 8'DUCTILE IRON WATER MAIN 4,352 L.F 21.00 91,392.00 100% 0.00 2. 8-VALVE&BOX 9 EA. 1,000.00 9,000.00 100% 0.00 3. 1'TYPE K COPPER SERVICE,NEAR 36 EA 300.00 10,800,00 100% 0.00 4. 1'TYPE K COPPER SERVICE,FAR 27 EA 600.00 16,200.00 100% 0.00 5. CONNECTION TO EXISTING 2 EA. 500.00 1,000.00 100% 0.00 6. 1 EA. 250.00 250,00 100% 0.00 T. FIRE HYDRANT 10 EA. 1,900.00 19,000.00 100% 0.00 8. SELECT GRANULAR BACKFILL(MAINLINE) 195 L.F 17,50 3,412.50 100% 0,00 TOTAL WATER MAIN 5 151,054.60 $ D. STORM SEWER 1. 12'RCP 1,513 L.F.. 19.00 28,747.00 100% 0.00 2. 15'RCP 886 L.F. 20.00 17,720 00 100% 0.00 3. 18'RCP 273 L.F. 24,00 6,552.00 100% 0.00 4. 18"RCP W/ASTM C-443 JOINTS 153 L.F. 26.00 3,978.00 100% 0.00 5. 21"RCP 256 L.F. 26,00 6,656.00 100% 0.00 6. 24"RCP 397 L.F. 30.00 11,91000 100% 0.00 7. 24"RCP W/ASTM C-443 JOINTS 174 L.F 32,00 5,568.00 100% 0.00 8. 27"RCP W/ASTM C-443 JOINTS 434 L.F 36.00 15,624.00 100% 0.00 9. 30"RCP 117 L.F 37.00 4,329.00 100% 0.00 10. 36"RCP W/ASTM C-443 JOINTS 85 L.F. 49.00 4,165.00 100% 0.00 11 42"RCP 152 L.F 50,00 7,600.00 100% 0.00 12 42"RCP W/ASTM C-443 JOINTS 95 L.F 48.00 4,560.00 100% 0,00 13. 48"MANHOLE W/FRAME&LID 18 EA. 1,050.00 18,900.00 100% 0.00 14. 60'MANHOLE W/FRAME&LID 13 EA. 1,400.00 18200.00 100% 0.00 15, 72"MANHOLE W/FRAME&LID 1 EA. 2,000.00 2,000.00 100% 0.00 16. 84'MANHOLE W/FRAME&LID 1 EA. 3,000.00 3,000.00 100% 0.00 17. 48"CATCH BASIN W/FRAME&GRATE 10 EA, 1,200.00 12,000.00 100% 0.00 18. 24"INLET TYPE A W/FRAME&GRATE 15 EA. 600.00 9,000.00 100% 0.00 19. 15'RCP FLARED END SECTION 0 EA 650.00 0.00 100% 0.00 20. 42"RCP FLARED END SECTION 1 EA 2,000.00 2,000.00 100% 0.00 21 SUMP CONNECTION 64 EA 0.00 0.00 100% 0.00 22. SELECT GRANULAR BACKFILL(MAINLINE) 580 L.F. 10.00 5,800.00 100% 0.00 23. TELEVISE STORM SEWER 4,535 L.F. 1.75 7,936.25 100°/6 0,00 TOTAL STORM SEWER $ 196,24525 = E. PAVING,CURBS,SIDEWALK 1. 1-1/2"BIT.CONC.SURFACE COURSE CL I,MO(C (68'ROW/30'B-B) 6,237 S.Y. 3.15 19,648.55 0% 19,646.55 2. 1-11T BIT.CONC,SURFACE COURSE CL I,MO(C (701ROW/34'B$) 4,822 S.Y. 3.15 15,189.30 100% 0.00 3. 2-1/Y'BITUMINOUS CONCRETE BINDER COURSE (66'ROW/30'") 6,237 S.Y. 3.00 18,711.00 100% 0.00 4. 4-1/2'BITUMINOUS CONCRETE BINDER COURSE (7071OW/34'B43) 4,822 S.Y. 5,00 24,110.00 100% 0.00 S. 10-AGGREGATE BASE COURSE (66'ROW/30'B$) 6,237 S.Y 7.50 46,777.50 100% 0.00 6. 12"AGGREGATE BASE COURSE (70'ROW/34'B-B) 4,822 S.Y 9.00 43,398.00 100% 0,00 7, 5'WIDE-5-PCC SIDEWALK W/2"AGGREGATE 26,865 S,F. 3.25 87,311.25 50% 43,655,63 8. 2-BIT.CONIC.SURFACE COURSE CL I,MIX C (10'BIKE PATH) 13,894 S.F. 3.50 48,628.00 100% 0.00 9. W AGGREGATE BASE COURSE(10'BIKE PATH) 13,894 S.F. 6.00 83,364,00 100% 0.00 10. 10'AGGREGATE BASE COURSE (1-BIKE PATH SHOULDER) 13,894 S.F. 730 104,205.00 100% 0.00 11. B6.12 CONCRETE CURB&GUTTER WITH 4" AGGREGATE BASE 7,170 L.F. 8.75 62,737.50 100% 0.00 12. BACKFILL CURBS 7,170 L.F 1.00 7,170.00 100% 0.00 13. FINE GRADE STREET SUBGRADE 11,059 S.Y. 075 8,294 25 100% 000 TOTAL PAVING,CURBS,SIDEWALK $ 569,543.35 $ 63,302.1E F. STREET LIGHTING 1. STREET LIGHT 25'STANDARD,COMPLETE INCLUDE WIRE&TRENCHING ETC, 11 EA. 4,500.00 49 500.00 495000 TOTAL STREET LIGHTING $ 49,500.00 $ 4,950.00 G. LANDSCAPING 1. Street Trees 24,558,00 12,279.00 2• Buffer&Common Ares' 121,497.00 60,748 50 3. Miscellaneous" 0 EA. 000 85,861.00 42,930.50 ESTIMATE FROM ROLF CAMPBELL TOTAL LANDSCAPING $231,916.00 $115.958.00 SUMMARY A. EXCAVATION&GRADING N/A WA B. SANITARY SEWER 219,250.00 0.00 C. WATERMAIN 151,054.50 0.00 D. STORM SEWER 196,245.25 0.00 E. PAVING,CURBS,SIDEWALK 569,543.35 63,302.18 F. STREET LIGHTING 49,500.00 4,950.00 G. LANDSCAPING 231,916.00 115958.00 TOTAL 1,417,509.10 184.210.18^ Plus 10% 141,750.91 18,421.02 1,559,280.01 202,631.19 Current LOC 709,697.33 Amount of Completed Work 359,114.00 Amount of Required 21,611.00 Transfer Obligation to Land Purchaser 216,135.00 Issue Check to Oty 0.00 Eliminate LOC or Transfer Obligation to Future Builder 112,837.33 Remaining Work 202,8';1.19 Retamage(15%) 212,628.37 EEl Recommend LOC Valise 415,257.56 Possible Reduction Value 294.439.77 LETTER OF CREDIT-i5-S598664 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR UNIT 22 GRANDE RESERVE NORTH-NEIGHBORHOOD 5 PHASE 5.3(UNIT 22) YORKVILLE,ILLINOIS (BASED ON PLANS BY CGL,LTD.DATED I CV31/05) FILE:3405.05 est 120605.x1s DATE:12/06/05 REVISION:05/01/06 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A. EXCAVATION,GRADING,AND SOIL EROSION CONTROL COVERED BY PREVIOUS LETTER OF CREDIT B. SANITARY SEWER 1. 8"PVC SANITARY SEWER(SDR-26) 1,730 L.F 20.00 34,600.00 0.00 2. 48"MANHOLE TYPE A WIFRAME&LID 10 EA. 1,950.00 19,500.00 0.00 3. 6"SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRANULAR BACKFILL-NEAR 56 EA, 360.00 20,160.00 0.00 4. SELECT GRANULAR BACKFILL(CA-7) 215 L F. 36.50 7,847.50 0.00 5. 6"SERVICE RISER 38 V.F 25.00 950.00 0,00 6. CONNECTION TO EXISTING 1 EA. 500.00 500.00 0,00 7. TELEVISE MAINS 1,730 L.F. 1.00 1,730.00 0.00 TOTAL SANITARY SEWER $ 65,287.50 $ C.WATERMAN 1. W DUCTILE IRON WATER MAIN 1,713 LF. 21.00 35,973.00 0.00 2. B'VALVE&BOX 8 EA. 1,000.00 8,000,00 0.00 4. 1"TYPE K COPPER SERVICE,NEAR 36 EA 300,00 10,800.00 0,00 5 1"TYPE K COPPER SERVICE,FAR 19 EA 60000 11,400.00 0,00 6. CONNECTION TO EXISTING 1 EA, 500.00 500.00 0.00 7. FIRE HYDRANT 9 EA. 1,900.00 17,100.00 0.00 TOTAL WATERMAIN S 63,773.00 $ D. STORM SEWER 1. 12"RCP 736 L.F. 19.00 13,984.00 100% 0.00 2. 15'RCP 155 L.F. 20.00 3,100.00 100% D.00 3. 15"RCP WIASTM C-443 JOINTS 280 L.F 22.00 6,160,00 100% 0,00 4. 18"RCP W/ASTM C-443 JOINTS 230 L.F 26,00 5,980.00 100% 0,00 5. 48'MANHOLE Wl FRAME&LID 5 EA. 1,050.00 5,250.00 100% 0.00 6. 48"CATCH BASIN W/FRAME&GRATE 4 EA, 1,200.00 4,800.00 1DO% 0.00 T. 24"INLET TYPE A W/FRAME&GRATE 9 EA 800.00 5,400.00 100% 0.00 8. SELECT GRANULAR BACKFILL(MAINLINE) 100 LF, 10.00 1,000.00 100% 0.00 9. TELEVISE STORM SEWER 891 L.F. 1.75 1,559.25 100% 0,00 TOTAL STORM SEWER $ 47,233.25 = E. PAVING,CURBS,SIDEWALK 1. 1-1/2"BIT.CONC,SURFACE COURSE CL I,MIX C (661ROWI 30'B$) 2,958 S.Y. 3.15 9,317.70 9,317.70 2. 2-112"BITUMINOUS CONCRETE BINDER COURSE (66'ROW/30'") 2,958 S Y. 3.00 8,874.00 0.00 3. 10'AGGREGATE BASE COURSE (66'ROWI 30'641) 2,958 S.Y 7.50 22,185.00 100% 0.00 4. TEMPORARY PAVEMENT 2"SURFACE OVER W AGGREGATE BASE COVER 130 S.Y 9.50 1,235.00 100% 0.00 5. 5'WIDE-5"PCC SIDEWALK W/2'AGGREGATE 9,000 S.F. 3.25 29,250.00 10% 26325.00 6. RETAINING WALL 68 F.F 25.00 1,700.00 0% 1700.00 T. 86.12 CONCRETE CURB 8 GUTTER WITH 4" AGGREGATE BASE 1,660 L.F. 8.75 16,27500 100% 0.00 8. BACKFILL CURBS 1,860 L.F 1,00 11860.00 L"" 0.00 9. FINE GRADE STREET SUBGRADE 988 S.Y. 0.75 739.50 0100 TOTAL PAVING,CURBS,SIDEWALK f 91,43111.20 $ 37,342.70 F. STREET LIGHTING 1. STREET LIGHT 25 STANDARD,COMPLETE INCLUDE WIRE 6 TRENCHING,ETC. 2 EA. 4,500.00 9,000.00 0.00 TOTAL STREET LIGHTING $ 9,000.00 $ - G. LANDSCAPING 1. LANDSCAPING 53,638.00 53,638.00 ESTIMATE FROM ROLF CAMPBELL TOTAL LANDSCAPING :53,638.00 $53,639.00 SUMMARY A. EXCAVATION 6 GRADING NIA WA B. SANITARY SEWER 85,28750 0.00 C. WATERMAIN 83,773.00 0.00 D. STORM SEWER 47,233.25 0.00 E. PAVING,CURBS,SIDEWALK 91,436,20 37,342.70 F. STREET LIGHTING 9,000.00 0.00 0. LANDSCAPING 53,638.00 53,638,00 TOTAL 370,987.95 90,980.70 Plus 10% 37,038,80 9,098.07 407,404.75 100,078:77 Current LOC 407,404.75 Amount of Completed Work 278,162,00 Amount of Required 10,249.00 Transfer Obligation to Lend Purchaser 118,993,75 Issue Check to City 0.00 Eliminate LOC or Transfer Obligation to Future Builder 0,00 Remaining Work 100,07877 Relainage(15%) 55,55519 EEI Recommend LOC Value 155,63396 Possible Reduction Value 251,770.79 LETTER OF CREDIT-17-S594383 ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST FOR GRANDE RESERVE NORTH NEIGHBORHOOD 1 PHASE 1-1(UNIT 23) YORKVILLE,ILLINOIS FILE:3405.01 FINAL 0607D6jft DATE:080706 REVISED:08/03/06 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST A. EXCAVATION,GRADING,AND SOIL EROSION CONTROL COVERED BY PREVIOUS LETTER OF CREDIT S.SANITARY SEWER 1. 8"PVC SANITARY SEWER(SDR-26) 2,547 L.F. 20.00 50,940.00 100% 0.00 2. 8"PVC SANITARY SEWER(SDR 21) 992 L F. 26.00 25,792.00 100% 0.00 3. 8-PVC SANITARY SEWER(DR 18) 1,239 L.F. 36,00 44,604.00 100% 0.00 4. 12"PVC SANITARY SEWER(SDR 21) 210 L.F. 40.00 8,400.00 100% 0.00 5. 48"MANHOLE TYPE A WIFRAME&LID 30 EA, 1,950.00 58,500.00 100% 0.00 6. 48'MANHOLE TYPE A W/FRAME&LID,DROP CONNECTION 3 EA. 3,500.00 10,500.00 100% 0.00 7. W SANITARY SERVICE COMPLETE,INCLUDING TEE&SELECT GRANULAR BACKFILL-NEAR 54 EA. 360.00 19,440.00 100% 0.00 8- 6'SANITARY SERVICE COMPLETE,WCLUDING TEE&SELECT GRANULAR BACKFILL-FAR 64 EA. 1,200.00 76,800.00 100% 0.00 9. 6"SERVICE RISER 145 V.F. 25.00 3,625.00 100% 000 10. CONNECT TO EXISTING 12'STUB 1 EA, 500.00 500.00 100% 0.00 11. PLUG&STUB FOR FUTURE CONNECTION 1 EA. 250.00 250.00 100% 000 12. SELECT GRANULAR BACKFILL(CA-7) 1,715 L.F. 36.50 62,597.50 100% 0.00 13. TELEVISE MAINS 4,988 L.F. 1.00 4,988.00 100% 0.00 TOTAL SANITARY SEWER $ 366,938.60 ; C.WATER MAIN 1. 6"DUCTILE IRON WATER MAIN 146 L.F. 18.00 2,628.00 100% 0,00 2. 8"DUCTILE IRON WATER MAIN 7,262 L.F. 21.00 152,502.00 100% 0.00 3. 8"PLUG&STUB 3 EA. 250.00 750.00 100% 0.00 4. 8'VALVE&BOX 24 EA. 1,000.00 24,000.00 100% 000 5. 1'TYPE K COPPER SERVICE,NEAR 48 EA 300.00 14,400.00 100% 0.00 6. V TYPE K COPPER SERVICE,FAR 70 EA 600.00 42,000.00 100% 0.00 7. FIRE HYDRANT 22 EA. 1,900.00 41,800.00 100% 0.00 9. DEPRESS WATER MAIN 24 EA. 500.00 12,000.00 100% 0.00 10. CONNECT TO EXISTING WATER MAIN 1 E/1. 500.00 500.OD 100% 0,00 11. SELECT GRANULAR BACKFILL(MAINLINE) 1,351 EA. 17,50 23,642.50 1 DO% 0.00 TOTAL WATER MAIN $ 314,222.50 ; D. STORM SEWER 1. 4'PVC SUMP SERVICES 2,373 LF. 12.00 28,476.00 100% 0.00 2. 8'PVC FOR SUMP CONNECTION 11584 L.F. 20.00 31,680.00 100% 0.00 3. 12"RCP 2,289 L.F. 19.00 43,491.00 100% 0.00 4. 12"RCP W/ASTM C-443 JTS. 631 L.F. 20.00 12,620.00 100% 0.00 5. 15"RCP 11108 LF 20.00 22,160.00 100% 0.00 6. 15'RCP W/ASTM C-443 JTS. 250 L.F 22.00 5,500.00 100% 0.00 7. 18"RCP 864 LF 24.00 20,736.00 100% 0.00 8. 18'RCP W/ASTM C-443 JTS. 199 LF. 26.00 5,174.00 100% 0.00 9. 21'RCP 813 LF 26.00 21,138.00 100% 0.00 10. 24'RCP 765 LF 30.00 22,950.00 100% 000 11. 27'RCP 1,448 LF 33.00 47,76400 10096 0.00 12. 30"RCP 211 LF 37,00 7,807.00 100% 0.00 13. 30'RCP W/ASTM C-443 JOINTS 160 L.F. 40.00 6,400.00 100% 0.00 14. 36'RCP 1,801 L F 46.00 82,846.00 100% 0.00 15, 36"RCP W/ASTM C-443 JOINTS 174 L.F. 49.00 8,526.00 100% 0.00 16. 42'RCP 1,021 L.F. 60.00 61,260.00 100% 0.00 17. 42'RCP Wt ASTM C-443 JTS. 139 L.F. 64.00 8,896.00 100% 000 18. 48'MANHOLE W/FRAME&LID 25 EA, 1,050.00 26,250.00 100% 0.00 19. 60'MANHOLE W/FRAME&LID 36 EA. 1,400.00 50,400.00 100% 0.00 20 72"MANHOLE WlFRAME&LID 9 EA. 2,000.00 18,000,00 100% 0,00 21, 84'MANHOLE W/FRAME&LID 6 EA. 3,000.00 18,000,00 100% 000 22. 96'MANHOLE W/FRAME&LID 5 EA. 4,200.00 21,000.00 100% 0.00 23, 108'MANHOLE W/FRAME&LID 2 EA. 5,500.00 11,000.00 100% 000 24. 4'x W SLOPE GRATE RESTICTOR STRUCTURE 1 EA. 2,500,00 2,500.00 100% 0.00 25. 48"CATCH BASIN W/FRAME&GRATE 33 EA 1,200,00 39,600,00 100% 000 26, 60'CATCH BASIN W/FRAME&GRATE 4 EA. 1,500.00 6,000.00 100% 0.00 27. 24"INLET TYPE A W/FRAME&GRATE 47 EA. 600,00 28,200.00 100% 0.00 28. 12"RCP FLARED END SECTION W/GRATE 1 EA. 500.00 500.00 100% 0.00 29. 24'RCP FLARED END SECTION WI GRATE 1 EA. 700.00 700.00 100% 0.00 30. 27'RCP FLARED END SECTION Wl GRATE 1 EA. 820,00 820,00 100% 000 31 36'RCP FLARED END SECTION W/GRATE 1 EA. 1,500.00 1.500.00 100% 0.00 32. 42'RCP FLARED END SECTION W/GRATE 2 EA, 2,000.00 4,000.00 100% 0.00 33. CONNECT TO EXISTING 1 EA. 300.00 300.00 100% 0.00 34. SELECT GRANULAR BACKFILL(MAINLINE) 1,305 L.F. 10.00 13,050.00 100% 0.00 35. TELEVISE STORM SEWER 11,873 L.F. 1.75 20 777.75 100% 000 TOTAL STORM SEWER = 700,041.75 $ - E.PAVING,CURBS,SIDEWALK 1. 1-1/2'BIT.CONC.SURFACE COURSE CL I,MIX 27,951 S.Y. 3.15 C 88,045.65 0% 88,045.65 2, 2-112'BITUMINOUS CONCRETE BINDER 20,746 S.Y. 3.00 COURSE 62,238.00 100% 0.00 3. 4-112'BITUMINOUS CONCRETE BINDER 7,205 S.Y. 5.00 COURSE 36,025.00 100% 0.00 4. 10'AGGREGATE BASE COURSE 20,746 S.Y. 7.50 155,595.00 100% 0.00 5. 12'AGGREGATE BASE COURSE 7,205 S.Y. 9.00 54,845.00 100°,5 000 6. 6 WIDE-S'PCC SIDEWALK W/2'AGGREGATE 67,589 S.F. 3.25 219,66425 20% 175,731.40 7. 10'WIDE BIKE PATH-2'BIT.SURFACE W/8' 7,510 S.F. 9,50 AGGREGATE BASE COURSE 71,343.94 100% 0.00 S. 86.12 CONCRETE CURB 8 GUTTER WITH 4' AGGREGATE BASE 13,969 L.F. 8.75 122,226.75 100% 0.00 9. REVERSE PITCH CONCRETE CURB&GUTTER WITH 4'AGGREGATE BASE 3,853 L.F. 8.75 33,713.75 100% 0.00 10. GEOTEXTILE FABRIC 27,951 S.Y 1.20 33,54120 100% 0.00 11. BACKFILL CURBS 17,822 L.F 1.00 17,822.00 100% 0.00 12. FINE GRADE STREET SUBGRADE 27,951 S.Y. 0.75 20,963.25 100% 0.00 13. 2'PVC ELECRTICAL SLEEVES 72 LF. 14.50 1,044.00 100% 0.00 14. 6'PVC IRRIGATION SLEEVES 81 LF. 18.00 1,458 00 100% 0.00 TOTAL PAVING,CURBS,SIDEWALK $928,527.79 :283,777.06 F.STREET LIGHTING 1 STREET LIGHT 26 STANDARD,COMPLETE 6NCLUDE WIRE A TRENCHING.ETC. INCLUDE WIRE&TRENCHING ETC. 23 EA, 3,000.00 69,000.00 90% 6,900.00 1. DOUBLE MAST STREET LIGHT 26'STANDARD, COMPLETE INCLUDE WIRE 8 TRENCHING, INCLUDE WIRE 6 TRENCHING ETC. 4 EA. 6,000.00 24,000.00 90% 2,400.00 TOTAL STREET LIGHTING $ 93,000.00 $ 9,300.00 SUMMMY A. EXCAVATION 6 GRADING WA N/A B.SANITARY SEWER 366,936.50 0.00 C. WATERMAIN 314,222.50 000 D.STORM SEWER 70D,041 75 0.00 E. PAVING,CURBS,SIDEWALK 928,527.79 263,777.05 F.STREET LIGHTING 93,000.00 9,300.00 TOTAL 2,402,728.54 273,077.05 Plus 10% 240,272.85 27,307.71 2,643,001 A0 300,384.76 Current LOC 713,701.91 Amount of Completed Work 84,472.00 Amount of Required 96,650.00 Transfer Obligation to Land Purchaser 217,847.00 Issue Check to City 0.00 Eliminate LOC or Transfer Obligation to Future Builder 314,532.91 Remaining Work 300,384.76 Retainage(15 0,6) 360.409.28 EEI Recommend LOC Value 660 794.04 Possible Reduchon Value 52,90787 LETTER OF CREDIT-18-S594384 LANDSCAPE ARCHITECT OPINION OF PROBABLE CONSTRUCTION COST FOR UNIT 23 GRANDE RESERVE NORTH-NEIGHBORHOOD 1 &2 ESTIMATED PERCENT REMAINING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION COMPLETE COST G. LANDSCAPING 1. LANDSCAPING 760,942.00 20% 608.753.60 ESTIMATE FROM ROLF CAMPBELL TOTAL LANDSCAPING $760,942.00 $608,753.60 Plus 10% 76,094,20 60,875.36 837,036.20 669,628.96 Current LOC 837,036,20 Amount of Completed Work 152,188.00 Amount of Required 0.00 Transfer Obfiolon to Land Purchaser 684,848.20 Issue Check to City 0,00 Eliminate LOC or Transfer Obligation to Future Builder 0,00 Remaining Work 669,628.96 Retainage(15%) 114,141.30 EEI Recommend LOC Value 783,770.26 Possible Reduction Value 53 265.94 .�. `S 2.'.34>; " -'4Fyye+,.{;a "'i ° ' •:,K. -.r{f r7 "'"-t R4 a� r November 9, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 92 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locdtions and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections; and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. Provide a signed copy of the Storm Water Management System Maintenance Plan Agreement for the storm water basins. 3. All ponds should have their annual inspection reports completed and submitted to the City for review. In addition, the ponds should be surveyed to verify there are no sediment issues and the volumes are correct. 4. A 48 hour burn test of the street lights should be completed prior to acceptance. 52 Wheeler Road,Sugar Grove, IL 60554— (630)466-6700 tel —(630)466-6701 fax—www.eeiweb.com Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 5. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 6. All damaged and/or missing signs around ponds should be replaced or repaired necessary. Outfall Storm Sewer 7. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: - FES 3 - FES 1 8. Storm MH 4 should have the area around the structure graded and restored. 9. MH 5A should be located for inspection. 10. The following structures have missing steps that should be replaced: - MH 9 - MH 12 - MH 10 11. MH 13 should have the frame re-centered on the structure. Storm Sewer 12. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: - FES 5-63 - FES 5-64 13. The following storm structures should be cleaned of all debris - I N L 5-33 - Temporary MH at intersection of Big Rock Boulevard and Mill Street (might need to be removed) 14. FES 5-63 top has been damaged and the grate can't be connected to the flared end section. The flared end section should be repaired and/or replaced. 15. FES 5-46 has the incorrect sized grate installed. This grate should be removed and replaced with the correct sized grate. 16. Flared End Section 5-46 should have the toe block reset and the lifting hooks cut off of the toe block. 17, MH 5-21 has missing steps that should be replaced. 18. INL 5-33 should have the frame re-centered on the structure. 19. CB 5-38 needs to have the fillets poured around the frame of the structure. 20. MH 5-37 needs to be adjusted to grade after the sidewalk around the frame has been replaced. Ms. Krysti Barksdale-Noble November 9, 2011 Page 3 21. MH 5-41 could not be opened for inspection. 22. MH 5-21 should have the top of the manhole mortared. 23. All storm sewer must be televised and reports submitted for review. Sanitary Sewer 24. The sanitary manhole at the intersection Big Rock Boulevard and Mill Road should be raised to match existing grade. Water 25. The paint on various fire hydrants are flaking or chipping. All fire hydrants should be wire brushed and re-painted. 26. FH 5-4 auxiliary valve adaptor is not connected to the top of the valve. 27. VB 5-2 could not be turned. Roadway 28. The following locations currently have damaged sidewalk that should be removed and replaced. Prior to replacement all locations will be field verified. — Beresford Drive Station 12+00 to 17+00 (11 squares + 2 handicap ramps) 29. The following locations currently have damaged curb that should be removed and replaced Prior to replacement all locations will be field verified. — Beresford Drive Station 12+00 to 17+00 (60'—9 locations) — Big Rock Boulevard Station 10+00 to 13+00 (35'—4 locations) 30. All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. 31. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 32. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. Landscaping 33. Landscaping needs to be installed on all undeveloped parcels. After all parcels have been developed a final review of the landscaping will be completed. 34. All landscaping will need to be revisited again in the spring to verify that all plants are living. The following missing or dying trees should be removed or replaced: — 1 AFS east side Big Rock Boulevard station 11+50 — 1 ASB north of lot EBE 12 on berm — 4 FG north side of Basin 8N Ms. Krysti Barksdale-Noble November 9, 2011 Page 4 — 12 CO around Basin 8N If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G:\Public\Yorkvllle\2011\YO1130-D Grande Reserve\Docs\Unit 12 Punchlist 01 docx i f Eh e rpris November 9, 2011 Ms. Krysti Barksdale-Noble �'fi 7T-ffl, o f C,x, I r Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560" Re: Grande Reserve Unit 13 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System, 2. There are various parking areas located in the model areas that should be removed. 3. Provide a signed copy of the Storm Water Management System Maintenance Plan Agreement for the storm water basins. 4. All ponds should have their annual inspection reports completed and submitted to the City for ,review, In addition, the ponds should be surveyed to verify there are no sediment issues and the volumes are correct. 52 Wheeler #o.■, Sugar Grove, IL 60554 (6 30)466-6700 (6 30)466-6701 www.eeiweb.com Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 5. A 48 hour burn test of the street lights should be completed prior to acceptance. 6. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 7. All damaged and/or missing signs around ponds should be replaced or repaired necessary. Storm Sewer 8. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: - FES 3-32 - FES 24 - FES 3-1 9. The following storm structures should be cleaned of all debris - Special Storm Structure 23 - INL 3-37 - INL 3-41 B 10. FES 3-1 should have the area around the structures re-graded and restored. 11. The following structures have missing steps that should be replaced: - MH 3-40 - MH 3-9 - MH 3-2 - CB 3-85 - MH 3-8 - CB 3-88 12. The following structures need to have the frame re-centered on the structure: - MH 3-8 - MH 3-40 13. The following structures need to have the fillets poured around the frame of the structure: - CB 21 - INL 3-37 - CB 20 - INL 3-41 B - CB 3-88 - CB 3-41 - INL 3-89 - INL 3-41A - CB 3-85 - CB 3-38 - INL 3-86 - INL 3-39 - CB 3-35 - CB 3-3 - CB 3-36 - INL 3-4 14. The following structures currently have an open lid but should be replaced with a closed lid: MH 3-84 - MH 3-34 MH 3-33 15. MH 3-42 should have the rest of the void between the adjusting rings and manhole top mortared. 16. All storm sewer must be televised and reports submitted for review. Ms. Krysti Barksdale-Noble November 9, 2011 Page 3 Sanitary Sewer 17. San MH 3-4 should be cleaned of all debris. Water 18. The paint on various fire hydrants are flaking or chipping. All fire hydrants should be wire brushed and re-painted. 19. The following valve boxes or auxiliary valves should be located for inspection: - VB 3-4 - FH 3-1 - FH 3-3 - VB 3-5 - FH 3-2 - VB 3-12 20. FH 3-6 auxiliary valve adaptor is not connected to the top of the valve. 21. FH 3-8 could not be turned. Roadway 22. The following locations currently have damaged sidewalk that should be removed and replaced. Prior to replacement all locations will be field verified. - Tuscany Trail 10+00 to 17+00 (3 squares + 1 handicap ramp) - Preston Drive 10+00 to 17+00 (3 squares) - Havenbill Court Station 10+00 to 13+50 (2 squares) 23. The following locations currently have damaged curb that should be removed and replaced. Prior to replacement all locations will be field verified. - Tusr,any Trail Station 10+00 to 17+00 (50' -7 locations) - Preston Drive Station 10+00 to 15+00 (50'-9 locations) - Havenhill Court Station 10+00 to 13+50 (35'-4 locations) 24. All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. 25. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 26. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. Landscaping 27. Landscaping needs to be installed on all undeveloped parcels. After all parcels have been developed a final review of the landscaping will be completed. 28. All landscaping will need to be revisited again in the spring to verify that all plants are living. In addition, there are many lots without structures thus the landscaping has not been installed. The following missing or dying trees should be removed or replaced: - 1 CO east side of Tuscany Trail in pond station 14+50 Ms. Krysti Barksdale-Noble November 9, 2011 Page 4 — 1 APR east side of Tuscany Trail station 14+50 — 1 FAFF north side of Preston Drive station 11+00 — 1 PCC west of lot EBE1 — 1 TP southwest of lot EBE 2 — 1 CO southwest of lot EBE 2 — 1 CO southwest of lot EBE 3 — 1 TP southwest of lot EBE 3 — 1 PCR south line of Basin 1ONE — 1 PN south of lot EBE 8 — 2 AFM in parkway of lot EBE 7 — 1 BN south of lot EBE 7 If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G:\Public\Yorkville\2011\Y01130-L Grande Reserve0ocs\Unit 13 Punchlist 01 docx tV November 9, 2011 Ms. Krysti Barksdale-Noble L f,i7 r,,L OF C.Lr 01'r Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 94 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole(for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular,form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to.be imported into the City's Base Map and GIS System. 2. A 48 hour burn test of the street lights should be completed prior to acceptance. 3. The silt fence around the topsoil stock piles needs to be repaired and/or replaced. 4. Mass grading and any infrastructure associated with the development of Park A should be completed as soon as possible in. preparation for.the development of the Park. In addition, all necessary utility adjustments should be,made,and the utility stubs marked in the field: An as- built grading plan will be required. The Park shall be completed per the City's Park development standards. Road, Sugar Grove, L 1 466-6700 (6 30)46 01 www.eeiweb.com Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 5. There are various areas around the edge of the unit/property line that has silt fence installed that has been,damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 6. There are various portions of the improvements that are still being farmed. In order to control sediment runoff into the ponds or storm sewers the farmer should be contacted and asked to leave a minimum fifty (50') foot strip of vegetation between the farmland and property lines, ponds, or storm sewer. Storm Sewer 7. The following storm structures should be cleaned of all debris: - MH 3-45 - IN L 3-52A -- INL 3-47 - INL 3-51A 8. MH 3-48 should be located for inspection: 9. MH 3-50 should have the frame re-centered on the structure. 10. The following structures need to have the fillets poured around the frame of the structure: - CB 3-44 - INL 3-13 - MH 3-45 - MH 3-14 - INL 3-51A 11. MH 3-64 currently has a water lid installed. This frame should be replaced with the correct storm lid. 12. The following structures currently have an open lid but should be replaced with a closed lid: - MH 3-65 - INL 3-69 - MH 3-66 - CB 3-110 - MH 3-67 - MH 3-116 - MH 3-68 - MH 3-117 13. All storm sewer must be televised and reports submitted for review. Sanitary Sewer 14. The following structures have missing steps that should be replaced: - San MH 3-10 - San MH 3-12 Roadway 15. An area near 3968 Evans Court (24'x50') should have the binder patched prior to placement of Hot-Mix Asphalt Surface Course. 16. The following locations currently have damaged sidewalk that should be removed and replaced. Prior to replacement all locations will be field verified. - Preston Drive Station 15+00 to 19+00 (2 squares) - Evans Court Station 10+00 to 13+00 (3 squares) Ms. Krysti Barksdale-Noble November 9, 2011 Page 3 17. The following locations currently have damaged curb that should be removed and replaced. Prior to replacement all locations will be field verified. - Preston Drive Station 15+00 to 19+00 (75'—8 locations) — Evans Court Station 10+00 to 13+00 (35' —6 locations) 18.All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. 19. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 20. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. Landscaping 21. All landscaping will need to be revisited again in the spring to verify that all plants are living. In addition, there are many lots without structures thus the landscaping has not been installed. The following missing or dying trees should be removed or replaced: — 2 BN west of lot EBE 61 — 1 PN south of lot EBE 57 — 1 PN west of lot EBE 61 — 1 GTS east of lot EBE 12 — 2 BN west of lot EBE 60 — 1 AFM north of lot EBE 12 1 MPIP west of lot EBE 60 — 1 GTS west of lot EBE 12 — 1 PA northeast of lot EBE 69 — 1 QB south of lot EBE 12 — 1 GTS east of lot EBE 58 - 1 MRJ south of lot EBE 12 — 1 QB southeast of lot EBE 58 22. All landscaping will need to be revisited again in the spring to verify that all plants are living. The following missing or dying foundational and berm plantings should be removed or replaced: — 6 VDR north of lot EBE 60 — 16 CR east of lot EBE 58 If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G APublic\Yorkville\2011\YO1130-D Grande Reserve\Docs\Unit 14 Punch list 01.docx November 9. 2011 17r"n, Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 15 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General; 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm .overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed. by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-'size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. A 48 hour burn test of the street lights should be completed prior to acceptance. 3. Mass grading and any infrastructure .associated with the development of Park B should be completed as soon as possible .in preparation for the development of the Park. The Park shall be completed per the City's.Park development standards. 52 Wheeler Road,Sugar Grove,IL 60554— (630)466-6700 tel— (630)466-6701 fax—www.eeiwel).com Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 4. There are various areas around the edge of the unit/property line that has silt fence installed that.has been damaged or is missing. All silt fence-that is damaged or missing should be fixed in order to control sediment runoff. 5. There are various portions of the improvements that are still being farmed. In order to control sediment runoff into the ponds or storm sewers the farmer should be contacted and asked to leave a minimum fifty (50) foot strip of vegetation between the farmland and property lines, ponds, or storm sewer. 6. All damaged and/or missing signs around ponds should be replaced or repaired necessary. Storm Sewer 7. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: - FES 5-78 - FES 5-79 - FES 5-80 8. The following storm structures should be cleaned of all debris - MH 5-60 - MH 5-44 - MH 5-10 - MH 5-43 - MH 5-81 - MH 5-42 - MH 5-77 - INL 5-50 - MH 5-45 9. INL 5-25 should be located for inspection. 10. The following structures need to have the fillets poured around the frame of the structure: - MH 5-60 - MH 5-8 - MH 5-10 - INL 5-18 - CB 5-9 11. MH 5-77 should have the filter fabric replaced. 12. The following structures currently have an open lid but should be replaced with a closed lid: - MH 5-42 - INL 5-45 - MH 5-43 - MH 5-76 - INL 5-44 - MH 5-77 13.All storm sewer must be televised and reports submitted for review. Sanitary Sewer 14. San MH 5-9 should be cleaned of all debris. Water 15. The paint on various fire hydrants are flaking or chipping. All fire hydrants should be wire brushed and re-painted. Ms. Krysti Barksdale-Noble November 9, 2011 Page 3 16. VB 5-38's auxiliary valve adaptor is not connected to the top of the valve. 17. FH 5-31's auxiliary valve could rot be turned. 18. The following valve box or auxiliary valves could not be opened. These valve boxes or auxiliary valves should be repaired so that they can be opened for inspection: — VB 5-26 — VB 5-12 Roadway 19. The following street lights should be installed as shown in the approved engineering plans: — 5-10 — 5-11 20. The following areas should have the binder patched prior to placement of Hot-Mix Asphalt Surface Course: — The area in front of CB 5-7 (5'x5') — 3729 Bailey Road (10'x10') 23. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 24.All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. 25. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. 26. The bike path on Bailey Road Station 10+60 (15' each side of roadway)(also needs detectable warnings installed) has been damaged and should be removed and replaced. Landscaping 27. Landscaping needs to be installed on all undeveloped parcels. After all parcels have been developed a final review of the landscaping will be completed. 28. All landscaping will need to be revisited again in the spring to verify that all plants are living. The following missing or dying trees should be removed or replaced: — 1 QR north of lot EBE 3 — 1 QR north of lot EBE 1 — 1 QR north of lot EBE 17 — 1 FAFF west of lot EBE 1 — 4 PF west of lot EBE 1 — 16 QB around Basin 8S — 5 APR around Basin 8S — 8 GTS around Basin 8S 29. All landscaping will need to be revisited again in the spring to verify that all plants are living. The following missing or dying foundational and berm plantings should be removed or replaced: — 19 SVR north of lot EBE 2 — All planting around sign north of Baily Road station 11+00 Ms. Krysti Barksdale-Noble November 9, 2011 Page 4 If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. D�� I radley P. Sanderson, P.E. Vice President BPS/swm pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G:\Public\Yorkville\2011\YO1130-D Grande Reserve\Docs\Unit 15 Punchlist 01.docx �. Enyineerinj Enterprises, November 9, 2011 Ms. Krysti Barksdale-Noble ..� Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 19 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. Provide a signed copy of the Storm Water Management System Maintenance Plan Agreement for the storm water basins. 3. All ponds should have their annual inspection reports completed and submitted to the City for review. In addition, the ponds should be surveyed to verify there are no sediment issues and the volumes are correct. 4. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. Road,52 Wheeler 60554 r rr r 466-6701 Ms. Krysti Barksdale-Noble November 9; 2011 Page 2 5. All damaged and/or missing signs around ponds should be replaced or repaired necessary. 6'. The final plat needs to be recorded. Storm Sewer 7. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: - FES 15 - FES 16 8. Special Storm Structure 14 should be cleaned of all debris 9. All storm sewer must be televised and reports submitted for review. Roadway 10. West side of Basin 10S (25') has an area of damaged bike path. This area should be removed and replaced. Landscaping- 11. All landscaping will need to be revisited again in the spring to verify that all plants are living. In addition, there are many lots without structures thus the landscaping has not been installed. The following missing or dying trees should be removed or replaced: - 1 CO southwest corner of Basin 10S - 1 CO west side of Basin 10S - 2 CO north side of Basin 10S - 1 PCR north side of Basin 10S If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. �i� - Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G APublic\Yorkville\2011\YO1130-0 Grande Reserve0ocs\Unit 19 Punchlist 01.docx EngineeringEn'tkbrh0s,In AA November 9, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re; Grande Reserve Unit 20 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. Provide a signed copy of the Storm Water Management System-Maintenance Plan Agreement for the storm water basins. 3. All ponds should have their annual inspection reports completed and submitted to the City for review. In addition, the ponds should be surveyed to verify there are no sediment issues and the volumes are correct. 4. ;A 48 hour burn test of the street lights should be completed prior to acceptance. Wheeler Road, Sugar 60554 1 466-6700 ■ 1 466-6701 - -• a Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 5. There are various parking areas located in the model areas that should be removed. 6. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 7. All damaged and/or missing signs around ponds should be replaced or repaired necessary. Storm Sewer 8. The following flared end sections should have the rip rap and flow line cleaned along with additional rip rap as needed: — .FES 18 — FES 2-1 — FES 19 9. The following storm structures should be cleaned of all debris — Special Storm Structure 17 — MH 2-39 10. MH 2-61 should be located for inspection. 11. The following structures have missing steps that should be replaced: — MH 2-62 — MH 2-36 — MH 2-35 — MH 2-29 12. The following structures need to have the fillets poured around the frame of the structure: — INL 2-44 — INL 2-65 — CB 2-43 — CB 2-69 — CB 2-4 — INL 2-70 — INL 2-24 — CB 2-58 — CB 2-26 — INL 2-59 — INL 2-48 — CB 2-53 — CB 2-47 — INL 2-54 — INL 2-47A — CB 2-23 — CB 2-64 — INL 2-23A 13. The following structures currently have an open lid but should be replaced with a closed lid: — MH 2-45 — MH 2-3 — MH 2-42 — MH 2-22 — MH 2-41 — MH 2-25 — MH 2-21 14. MH 2-3 should have the void around the pipes mortared. 15. FES 2-82 should have the lifting hole mortared. 16. All storm sewer must be televised and reports submitted for review. Ms. Krysti Barksdale-Noble November 9, 2011 Page 3 Sanitary Sewer 17. San MH 2-17 should be located for inspection. Water 18. The paint on various fire hydrants are flaking or chipping. All fire hydrants should be wire brushed and re-painted. 19. FH 2-23's auxiliary valve adaptors are not connected to the top of the valve. 20.The following valves could not be turned: - VB 3-50 - VB 2-24 Roadway 21. The following areas should have the binder patched prior to placement of Hot-Mix Asphalt Surface Course: - 4008 Brady Street (24'x20') - 4023 Brady Street (24'x50') - 4004 Shoeger Court (12'x30') - 4022 Shoeger Court (15'x15') 22. The following locations have damaged areas on the bike path. These areas should be removed and replaced: - Tuscany Trail Station 16+50 (10') - Tuscany Trail Station 38+15 (10') 23. The following locations currently have damaged sidewalk that should be removed and replaced. Prior to replacement all locations will be field verified. - Shoeger Drive Station 10+00 to 17+00 (1 handicap ramp) - incomplete installation of sidewalk - Shoeger Court Station 10+00 to 13+00 incomplete sidewalk installation - Crooker Drive Station 29+50 to 34+00 (7 squares + 1 handicap ramp) - incomplete sidewalk - Brady Street Station 10+00 to 16+75 (22 squares + 2 handicap ramps) - incomplete sidewalk installation - Tuscany Trail Station 17+50 to 32+00 (2 squares + 2 handicap ramps) 24. The following locations currently have damaged curb that should be removed and replaced. Prior to replacement all locations will be field verified. - Shoeger Drive Station 10+00 to 17+00 (125'- 10 locations) - Shoeger Court Station 10+00 to 13+00 (25'-3 locations) - Crooker Drive Station 29+50 to 34+00 (40'-5 locations) - Brady Street Station 10+00 to 16+75 (50'-7 locations) - Tuscany Trail Station 17+50 to 32+00 (45' -5 locations) 25. All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. Ms. Krysti Barksdale-Noble November 9, 2011 Page 4 26. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed 27. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. Landscaping 28. All landscaping will need to be revisited again in the spring to verify that all plants are living. In addition, there are many lots without structures thus the landscaping has not been installed. The following missing or dying trees should be removed or replaced: — 7 QB around Basin 10NW — 4 PA northwest corner of Mill Road and Tuscany Trail 29. All landscaping will need to be revisited again in the spring to verify that all plants are living. The following missing or dying foundational and berm plantings should be removed or replaced: — All plantings around sign at northwest corner of Mill Road and Tuscany Trail If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI GAPub1ic\Yorkv111e\2011\YO1130-D Grande Reserve\Dots\Unit 20 Punchlist 01.docx r s r th November 9, 2011 Ms. Krysti Barksdale-Noble L I_T7 r;.t cr. (.&A-017 Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 21 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. A 48 hour burn test of the street fights should be completed prior to acceptance. 3. The silt fence around the topsoil stock piles needs to be repaired and/or replaced. 4. There are various areas around the edge of the unit/property line that has silt fence installed ,that has been damaged or is missing. All silt fence that is damaged or missing should be fixed.in order to control sediment runoff. Road,52 Wheeler Sugar Grove, 60554 466-6700 • 1 46• • • Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 5. There are various portions of the improvements that are still being farmed. In order to control sediment runoff into the ponds or storm sewers the farmer should be contacted and asked to leave a minimum fifty (50') foot strip of vegetation between the farmland and property lines, ponds, or storm sewer. 6. The storm water easements need to be recorded. Storm Sewer 7. FES 2-92 should have the rip rap and flow line cleaned along with placement of additional rip rap as needed. 8. The following storm structures should be cleaned of all debris — MH 2-86 — MH 2-88 9. All storm sewer must be televised and reports submitted for review. Sanitary Sewer 10. San MH 2-6 should have the areas around the pipe mortared: If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI GAPublifforkville1201 IXY01130-D Grande Reserve\DoWUnit 21 Punchlist 01.docx Engineiering November 9, 2011 Ms. Krysti Barksdale-Noble �_ ,e ri 1 n 4?' C Ad, lot T 1, I I, i r Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 22 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIs System. 2. A 48 hour burn test of the street lights should be completed prior to acceptance. 3. , There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 52 Wheeler Road, SLIgar Grove, IL 60554—(630)466-6700 tel — (630)466-6701 fax—www-eeiweb.com Ms. Krysti Barksdale-Noble Novernber 9, 2011 Page 2 Storm Sewer 4 INL 5-54 should be cleaned of all debris. 5. The following structures need to have the fillets poured around the frame of the structure: - CB 5-53 - INL 5-28 - INL 5-54 - CB 5-30 6. The following structures need to have the frame re-centered on the structure: - MH 5-52 - INL 5-14 7. The following structures could not be opened for inspection: - CB 5-24 - CB 5-23 8. INL 5-31 has an incorrect frame installed and should have the correct curb frame installed. 9. All storm sewer must be televised and reports submitted for review. Sanitary Sewer 10. The following sanitary sewer manholes should have their frames re-centered on the structure and the chimney seals replaced/repaired: - San MH 5-28 - San MH 5-12 Water 11. The paint on various fire hydrants are flaking or chipping. All fire hydrants should be wire brushed and re-painted. 12. FH 5-22's auxiliary valve adaptor is not connected to the top of the valve. 13. The following valves could not be turned: - FH 5-18 - FH 5-21 - FH 5-17 - VB 5-15 14. The following valve boxes or auxiliary valves need to be vertically straightened: - FH 5-17 - FH 5-22 15. FH 5-29's auxiliary valve needs to have the box top replaced. Roadway 16. The following locations currently have damaged sidewalk that should be removed and replaced. Prior to replacement all locations will be field verified. - No sidewalk installed on Bissel Drive - Incomplete sidewalk on Bailey Road from station 10+00 to 16+50 - Bailey Road Station 16+50 to 24+00 (2 squares) Ms. Krysti Barksdale-Noble November 4, 2011 Page 3 17. The following locations currently have damaged curb that should be removed and replaced. Prior to replacement all locations will be field verified. a. Bissel Drive Station 10+00 to 19+50 (30' —4 locations) b. Bailey Road Station 10+00 to 16+50 (50' -7 locations) c. Bailey Road Station 16+50 to 24+00 (25' —5 locations) 18. All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. 19. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 20. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. Landscaping 21. Landscaping needs to be installed on all undeveloped parcels. After all parcels have been developed a final review of the landscaping will be completed. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G APub11c\Yorkvil1e\20111Y01130-D Grande ReservelDocs\Unit 22 Punchlist 01.dou 1 / !, - in November 9, 2011 Ms. Krysti Barksdale-Noble �Ar-n of c.X,r:# Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re; Grande Reserve Unit 23 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. Provide a signed copy of the Storm Water Management System Maintenance Plan Agreement for the storm water basins. 3. All ponds should have their annual inspection reports completed and submitted to the City for review. In addition, the ponds should be surveyed to verify there are no sediment issues and the volumes are correct. 4. A 48 hour burn test of the street lights should be completed prior to acceptance. 5. There are various parking areas located in the model areas that should be removed. 'i.v Sugar Grove,[L"60554-163011-466-610 0 a i � a• 1 `i i Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 6. The silt fence around Basin 13 needs to be repaired and/or replaced. 7. All Galena Road Improvements should be completed prior to acceptance. Please provide any updated plans for review. 8. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 9. All damaged and/or missing signs around ponds should be replaced or repaired necessary. Storm Sewer 10. The following flared end sections should have the rip rap and flow line cleaned along with placement of additional rip rap as needed: - FES 3-102 - FES 1-218 - FES 1-294 - FES 1-90 - FES 1-293 - FES 3-25 - FES 1-37 - FES 1-224 - FES 1-87 - FES 1-225 11. FES 3-25 at in the southeast corner of pond 12 should have the grate reattached to the flared end section. 12. The following storm structures should be cleaned of all debris INL 1-54 - INL 1-197 INL 1-44A - INL 1-200 INL 1-105A - INL 1-177A INL 1-97 - INL 1-189A INL 1-158A - MH 1-107 - INL 1-159 - MH 1-228 INL 1-107 13. The following structures should have the area around the structures regraded and restored: - FES 1-294 - FES 1-293 14. INL 1-208A should be located for inspection. 15. The following structures have missing steps that should be replaced: - CB 1-96 - CB 1-177 - CB 1-190 16. MH 1-157 should to have frame re-centered on the structure. 17. The following structures need to have the fillets poured around the frame of the structure: - INL 1-206 - INL 1-107 - CB 1-202 - INL 1-191 - INL 1-203 - CB 1-39 Ms. Krysti Barksdale-Noble November 9, 2011 Page 3 - CB 1-88 - CB 1-89 18. The following structures currently have an open lid but should be replaced with a closed lid: - MH 1-107A - MH 1-58 - MH 1-63 - MH 1-165 19. The following structures need to have the void around the pipes mortared: - MH 1-64 - MH 1-221 20. The following structures should have the lifting hooks cut off: - MH 1-52 - MH 1-237 - MH 1-234 21, CB 1-188 should has a damaged frame that should be replaced. 22. All storm sewer must be televised and reports submitted for review. Sanitary Sewer 23. The following sanitary sewer manholes should have their frames re-centered on the structure and the chimney seals replaced/repaired: - San MH 1-16 - San MH 1-6 24. Fox Metro has been contacted regarding all sanitary testing on the site. A final testing report will be sent at a later date. Water 25. The paint on various fire hydrants are flaking or chipping. All fire hydrants should be wire brushed and re-painted. 26. The following valve boxes or auxiliary valve adaptors are not connected to the top of the valve: - FH 1-1 - FH 1-13 - VB 1-3 - VB 1-22 - VB 1-6 - FH 1-30A - FH 1-12A 27. The following valves could not be turned: - VB 1-11 - VB 1-21 - VB 1-14 - VB 1-30 - VB 1-18 - VB 1-32A - VB 1-20 - VB 1-33 - VB 1-26 - VB 1-35 - VB 1-28 28. The following fire hydrants need to be extended so that the center of the main nozzle is between 18" and 24"from the ground: - FH 1-1 - FH 1-27 Ms. Krysti Barksdale-Noble November 9, 2011 Page 4 Roadway 29. The area just east Blackhawk on Millbrook at cul-de-sac (10'x10'x4 each) should have the binder patched prior to placement of Hot-Mix Asphalt Surface Course. 30. The following locations currently have damaged sidewalk that should be removed and replaced. Prior to replacement all locations will be field verified. — Tuscany Trail Station 31+60 to 47+50 (4 squares) — East Millbrook Circle Station 10+00 to 20+00 (8 squares] — incomplete sidewalk installation — East Millbrook Circle Station 20+00 to 28+00— incomplete sidewalk installation — East Millbrook Circle Station 28+00 to 37+00 (1 handicap ramp) — incomplete sidewalk installation — Owen Court Station 10+00 to 13+00—incomplete sidewalk installation — Gains Court Station 10+00 to 13+50—incomplete sidewalk installation — Sheridan Court Station 10+00 to 13+00—incomplete sidewalk installation — Ketchum Court Station 10+00 to 12+50—incomplete sidewalk installation — East Millbrook Circle cul-de-sacs Station 35+00 (3 squares + 1 handicap ramp) — incomplete sidewalk installation — Blackhawk Boulevard Station 10+00 to 13+75 (1 handicap ramp) — Preston Drive Station 10+00 to 12+00 (4 squares + 3 handicap ramps) 31. The following locations currently have damaged curb that should be removed and replaced. Prior to replacement all locations will be field verified. — Tuscany Trail Station 31+60 to 47+50 (50'— 10 locations) — East Millbrook Circle Station 10+00 to 20+00 (200'—20 locations) — East Millbrook Circle Station 20+00 to 28+00 (100'— 16 locations) — East Millbrook Circle Station 28+00 to 37+00 (40'—8 locations) — Owen Court Station 10+00 to 13+00 (10'—2 locations) — Gains Court Station 10+00 to 13+50 (25'—5 locations) — Sheridan Court Station 10+00 to 13+00 (130'— 16 locations) — Ketchum Court Station 10+00 to 12+50 (20'—4 locations) — East Millbrook Circle cul-de-sac Station 35+00 (35'—7 locations) — Blackhawk Boulevard Station 10+00 to 13+75 (65'— 12 locations) — Preston Drive Station 10+00 to 12+00 (20'—4 locations) 32. All roadways should be milled prior to Hot-Mix Asphalt Surface Course installation. 33. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 34. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. Ms. Krysti Barksdale-Noble November 9, 2011 Page 5 Landscaping 35. All landscaping will need to be revisited again in the spring to verify that all plants are living. In addition, there are many lots without structures thus the landscaping has not been installed. The following missing or dying trees should be removed or replaced: - 1 PCA southeast corner of Galena Road and Blackhawk Boulevard - 1 QB north of lot 239 on berm along Galena Road - 1 UXF north of lot 239 - 1 CS north of lot 239 on berm along Galena Road - 1 AFM north of lot 243 - 1 FPS north of lot 250 on berm along Galena Road - 2 ARS north of lot 251 on berm along Galena Road - 2 QB north of lot 252 on berm along Galena Road - 1 AFM north of lot 251 - 2 UXP south of lot 251 - 1 FAFF south of lot 244 - 1 AFSG southwest of lot 260 - 1 QR north of lot 259 - 1 QB on the berm on the east side of Basin 13 - 1 AC east of lot 263 - 4 BN east of lot 266 - 3 AC east of lot 274 - 1 AC east of lot 275 - 1 ASB north of lot 232 - 1 AFSG north of lot 227 - 2 AFSG north of lot 234 - 3 AC6 north of lot 167 - 1 AFM east side of Tuscany Trail station 43+00 - 1 GTS west side of Tuscany Trail station 41+25 - 1 GTS west side of Tuscany Trail station 40+00 - 1 PCE west side of Tuscaay Trail station 38+75 - 1 QR east of lot 284 - 1 QB west side of Tuscany Trail station 34+50 - 1 PCA4 west side of Blackhawk Boulevard station 11+00 - 1 MSF west side of Blackhawk Boulevard 13+75 - 1 FAFF north of lot 97 - 1 GTS northeast of lot 86 - 1 ARO north of lot 86 36.All landscaping will need to be revisited again in the spring to verify that all plants are living. The following missing or dying foundational and berm plantings should be removed or replaced: - 15 CR southeast corner of Galena Road and Blackhawk Boulevard - 18 REB southeast corner of Galena Road and Blackhawk Boulevard - 9 THE southeast corner of Galena Road and Blackhawk Boulevard - 6 SPM west side of Tuscany Trail Station 42+50 - 8 SPM west side of Tuscany Trail station 42+00 - 9 SPM west side of Tuscany Trail station 41+75 NMs. Krysti Barksdale-Noble November 9, 2011 Page 6 - 19 SNF west side of Tuscany Trail station 41+25 - 21 FOM west side of Tuscany Trail station 40+00 - 28 RKO west side of Tuscany Trail station 39+00 - 11 CR east of lot 283 - 48 REB west side of Tuscany Trail station 37+00 - 20 FOM west side of Tuscany Trail station 36+00 - 16 SXV west side of Tuscany Trail station 35+50 - 29 REB in island at intersection of Blackhawk Boulevard and Galena Road - 11 SPM in island at intersection of Blackhawk Boulevard and Galena Road - 2 MSF east side of Blackhawk Boulevard station 11+50 - 9 REB in northwest corner of Tuscany Trail and Preston Drive - 2 TMW west side of Tuscany Trail station 29+50 - 7 SMK west side of Tucany Trail station 29+00 - All plantings around sign at northwest corner of Blackhawk Boulevard and Galena Road If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G:\Public\Yorkville\2011\YO1130-D Grande Reserve\Dots\Unit 23 Punchlist 01.docx Enterprises; November 9, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re; Grande Reserve Unit 26 Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between October 24 and November 1, 2011, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings should be submitted for review. Record drawings must include as-built rim and invert elevations of all new storm sewer and sanitary sewer structures, as well as existing sewer structures where connections are made. For water mains, provide valve rim elevations and top- of-pipe elevations where possible. Water, sanitary, and storm service locations to individual buildings are required to be correctly located on the plan or listed in a table with measurements from the nearest downstream manhole (for sewers) and to the nearest side lot line and distance from back of curb for B-boxes. Benchmarks are to be established on all new hydrants and listed in tabular form. As-built light pole locations and cable routing are to be provided. As-built storm water basin grading and volume calculations, and adequate spot elevations for all major storm overflow paths are required. Additional as-built data may be required on a case by case basis. Record drawings shall also include the same notes, typical sections, and special details provided in the approved plans. Record drawings are required to be prepared by, signed, and sealed by an Illinois Licensed Professional Engineer. Once the record drawings are approved, provide two full-size prints and a digital copy to be imported into the City's Base Map and GIS System. 2. Provide a'-signed copy of the Storm Water Management System Maintenance Plan Agreement for the storm water basins. 3. All ponds.should have their annual inspection reports completed and submitted to the City for review. In.addition, the ponds should be surveyed to verify there are no sediment issues and-the volumes are correct. 4. A 48 hour burn test of the-street lights should be completed prior to acceptance. 4. � a�� Q got Ms. Krysti Barksdale-Noble November 9, 2011 Page 2 5. The silt fence around the topsoil stock piles need to be repaired and/or replaced. 6. There are various areas around the edge of the unit/property line that has silt fence installed that has been damaged or is missing. All silt fence that is damaged or missing should be fixed in order to control sediment runoff. 7. There are various portions of the improvements that are still being farmed. In order to control sediment runoff into the ponds or storm sewers the farmer should be contacted and asked to leave a minimum fifty (50') foot strip of vegetation between the farmland and property lines, ponds, or-storm sewer. 8. All damaged and/or missing signs around ponds should be replaced or repaired necessary 9. The storm water management easements need to be recorded. Storm Sewer 10. The following flared end sections should have the rip rap and f;ow line cleaned along with placement of additional rip rap as needed: - FES 1-286 - FES 1-290 - FES 1-288 11.All storm sewer must be televised and reports submitted for review. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI G APublic\Yorkvil1e\20111YO1130-D Grande Reserve\DocsWriit 26 Punchlist 01.docx Reviewed By: Agenda Item Number O -10 Legal ❑ PW#1 EST. Z � 1836 Finance ❑ Engineer ❑ Tracking Number O City Administrator °mma` O Police ❑ L7tC �� Human Resources El PW 2011-65 E Public Works ❑ Agenda Item Summary Memo Title: ITEP Bike Path Grant Award—Kennedy Road Shared Use Path Meeting and Date: City Council—December 27, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Nov 2011 Action Taken: PW Committee recommends rejection Item Number: Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: ° C/ry � o Memorandum To: City Council EST. �, 1836 From: Bart Olson, City Administrator C.".p, Date: December 21, 2011 <l l .n C- �' Subject: ITEP Bike Path Grant Summary Direction from City Council on whether to accept or reject a$1.4 million grant for a Kennedy Road multi-use path. Background This item was discussed by the Public Works Committee at their November meeting. At that meeting, the Committee recommended to reject the trail grant by a vote of 3-0. After the meeting, the staff discussed the requirements of the grant authorization or rejection letter with IDOT staff members, and contemplated the possibility of a majority of a committee (3)being the minority of the City Council on an issue. We came to the conclusion that the majority of a committee should not be able to reject an authorization of the entire City Council. Therefore, we pose the committee's recommendation to the entire City Council as a unanimous negative recommendation and ask that the entire City Council provide final, formal direction on the grant award letter. For the aldermen not on the Public Works Committee, the materials given to the Public Works Committee to formulate their recommendation is attached. Action requested Final direction from the City Council on the acceptance or rejection of a the ITEP bike path grant award for the Kennedy Road Trail. Memorandum ` � o Y 0 �"';' '" To: Bart Olson, City Administrator j, From: Brad Sanderson EEI EST. ' �� 1838 > •� CC: Laura Schraw, Interim Director of Parks and Recreation p � ' :i ` Krysti Barksdale-Noble, Community Development Director Eric Dhuse, Director of Public Works Date: November 9, 2011 Subject: Kennedy Road Shared-Use Path ITEP Grant Award As you are aware,the City was awarded an Illinois Transportation Enhancement Program(ITEP)Grant in the amount of$1,387,280 on October 29,2010(see attached). As part of the grant award, ITEP requires that the awarded community proceed with Phase I Engineering within one year of the grant award(Sunset Clause). Accordingly,we have been coordinating with the IDOT District 3 offices in regards to proceeding with the project. Attached you will find the joint agreement prepared by IDOT that describes the funding for Phase I and Phase II Engineering. Please note that the grant will cover 80%of these expenditures up to$190,240. The local commitment for this portion is $47,560. We have also included a summary table that indicates the proposed funding for the entire project. The anticipated schedule for the project is as follows: Agreement Approvals 3-6 months Phase I Engineering 12-15 months Agreement Approvals 3-6 months Phase II Engineering 6-9 months Land Acquisition 6 months Bidding and Contracting 4-6 months Construction 6-9 months To summarize the schedule, it is estimated that construction would commence at the earliest 38-48 months after approving the initial agreements. Please note the schedule may be shortened or lengthened depending on number of variables. We have also attached our Phase I Engineering Agreement for consideration. IDOT has requested that both the Joint Agreement and Phase I Engineering Agreement be processed at the same time. Lastly, we have attached a support memo and map from Laura Schraw that details some of the project history and regional significance. Please place this on an upcoming Public Works Committee Agenda for consideration of approving the Joint Agreement and Phase I Engineering Agreement. If you have any further questions or need additional information,please call. UTIllinois Department of Transportation Office of the Secretary 2300 South Dirksen Parkway/Springfield, Illinois/62764 Telephone 217/782-5597 October 29, 2010 Honorable Valerie Burd Mayor 800 Game Farm Road Yorkville, Illinois 60560 Dear Mayor Burd: The department is pleased to inform you that Governor Pat Quinn has approved Illinois Transportation Enhancement Program (ITEP)funding for the Yorkville- Kennedy Road Shared-Use Path project. The ITEP commitment for this project will not exceed $1,387,280, pending a more detailed project review, specifically to determine eligible federal costs. We received 391 project applications requesting almost$370 million. The high level of interest in this program made it very competitive. Please contact Kenneth Lang, District 3, Bureau of Local Roads in Ottawa at (815)4348402 in the near future to begin preparation of an intergovernmental agreement. Projects within a Metropolitan Planning Organization (MPO) planning boundary are required to be listed in the local MPO's Transportation Improvement Program (TIP). Sponsoring agencies must coordinate with local MPO's to ensure your project is included in the TIP. Congratulations on your successful application. If you have questions, please feel free to visit our ITEP website at www.dot.ii.-gov/ogp/itep.htmi. You will find a listing of Frequently Asked Questions, and additional questions can be submitted through the website. We are looking forward to working jointly with you to improve the quality of life for Illinois citizens through the ITEP program. Sincerely, ry Hannig� ecretary ITEP - KENNEDY ROAD BIKE TRAIL (IL 47 TO MILL ROAD) PROPOSED PROJECT COSTS UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS OCTOBER 24, 2011 TOTAL FEDERAL LOCAL ENGINEERING PHASE 1 $ 126,184.24 $ 100,947.39 $ 25,236.85 (% MATCH) (80%) (20%) ENGINEERING PHASE II $ 111,615.76 $ 89,292.61 $ 22,323.15 (% MATCH) (80%) (20%) R.O.W. $ 28,000.00 $ 14,000.00 $ 14,000.00 (% MATCH) (50%) (50%) ENGINEERING PHASE III $ 158,500.00 $ 126,800.00 $ 31,700.00 (% MATCH) (80%) (20%) CONSTRUCTION $ 1,320,300.00 $ 1,056,240.00 $ 264,060.00 (% MATCH) (80%) (20%) PROJECT TOTAL $ 1,744,600.00 $ 1,387,280.00 $ 357,320.00 G:1PubliclYorkvillet20111Y01144-P Kennedy Road Bike Path-Phase hAgreement4proposed costs-october 2011.)ds)Proposed Costs Local Agency State Contract Day Labor Local Contract RR Force Account oIffinois f anspo lion t City of Yorkville x Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 10-00042-00-BT STE 329015 Construction En in ering Ri ht-of-Wa Job Number Project Number Job Number Project Number Job Number Project Number P-93-022-11 TE-OOD3(068) This Agreement is made and entered Into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation,hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA11. Location Local Name Kennedy Road Route N/A Length 2.72 Mile Termini IL RT 47 to Mill Road Current Jurisdiction City of Yorkville Existing Structure No Project Description Construct a 10'wide shared-use path for bicycle and pedestrain use adjacent to Kennedy Road from IL RT 47 to Mill Road. Division of Cost Type of Work STE % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering 190,240 ( ) ( ) 47,560 ( Bal ) 237,800 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 190,240 $ $ 47,560 $ 237,800 *80%STE funds NTE$190,240 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required,to cover the LA's total cost. Method of Financing(State Contract Work) METHOD A---Lump Sum (80%of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 10/20/2011 Page 1 of 5 BLR 05310(12/08/10) Agreement Provisions THE LA AGREES: (1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be cooperatively determined by representatives of the LA,and STATE and the FHWA,if required. (2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities,public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required. (5) To maintain or cause to be maintained,in a manner satisfactory to the STATE and FHWA,the completed improvement,or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department;and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE,a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum,upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment,labor,material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 10/20/2011 Page 2 of 5 BLR 05310(12/08/10) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the (DOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State,local)with commission of any of the offenses enumerated in item(b)of this certification;and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement,and the extension,continuation,renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 10/20/2011 Page 3 of 5 BLR 05310(12/08/10) (25) (Single Audit Requirements) That if the LA receives$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the Central Contractor Registration (CCR),which is a web-enabled government-wide application that collects,validates,stores,and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. If you do not have a CCR number,you must register at httr)s://www.bpn.gov/ccr. If the LA,as a sub-recipient of a federal funding, receives an amount equal to or greater than$25,000(or which equals or exceeds that amount by addition of subsequent funds),this agreement is subject to the following award terms: http://edocket.access.qpo.gov/2010/r)df/2010-22705.pdf and http://edocket.access.gao.gov/2010/1)df/2010-22706.pdf. THE STATE AGREES: (1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles 11 and 111 requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if required)and to award a contract for construction of the proposed improvement,after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering,right-of-way,utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel,cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program,as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further payment being required if,in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of that Act exempt its application Printed on 10/20/2011 Page 4 of 5 BLR 05310(12/08/10) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Gary Hannig,Secretary of Transportation Date By: Title (County Board Chairperson/Mayor/Village President/etc.) (Delegate's Signature) (Delegate's Name-Printed) (Signature) Date The above signature certifies the agency's TIN number is Christine M. Reed,Director of Highways/Chief Engineer Date conducting business as a Governmental Entity. DUNS Number Ellen J.Schanzie-Haskins,Chief Counsel Date Matthew R.Hughes,Acting Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. Printed on 10/20/2011 Page 5 of 5 BLR 05310(12/08/10) Local Agency I Consultant United City of Yorkville L Illinois Department Engineering Enterprises, Inc. p of Transportation c County C � Address Kendall A N 52 Wheeler Road Section L S City U S ar v Project No. A Preliminary Engineering U state Job No. G Services Agreement T L For Zip Code A 60554 Contact Name/Phone/E-mail Address N Federal Participation N Contact Name/Phone/E-mail Address Laura Schraw C T Brad Sanderson 630/553-8574 y 630-466-6720 LSchraw orkville.il.us bsanderson eeiweb.com THIS AGREEMENT is made and entered into this day of , 2011 between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Kennedy Road Route FAU3793 Length 3.14 mi Structure No. NA Termini IL Route 47 to Mill Road Description: Phase I Engineering Services for the construction of a new bike path on the south side of Kennedy Road from IL Route 47 to Mill Road. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance,in accordance with STATE approved design standards and policies,of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 480 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm,including the Principal Engineer,perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors,omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. Page 1 of 5 BLR 05610(Rev.9/06) Printed on 10/20/2011 9:19:10 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage,contingent fee or other considerations,any firm or person (other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm,organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ® Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment,State Clearinghouse,Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction,Bureau of Local Roads and Streets Administrative Policies,Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment,location and size of drainage structures,and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ❑ Complete the general and detailed plans,special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 5 BLR 05610(Rev.9/06) Printed on 10/20/2011 9:19:10 AM II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%[DL+ R(DL)+OH(DL) + IHDC], or ❑ CPFF= 14.5%[DL+ R(DL)+ 1.4(DL)+IHDC], or ❑ CPFF= 14.5%[(2.3+R)DL+ IHDC] Where: DL=Direct Labor IHDC= In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race,color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to cant'out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). III. IT IS MUTUALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings,plans, specifications,estimates,maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes,sketches,charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available,upon request,to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 5 BLR 05610(Rev.-9/06). Printed on 10/20/2011. 9:19:10 AM 3. 1 hat all reports, plans,estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section Il will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE,and their officers,agents and employees from all suits,claims,actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all drawings,plats,surveys;reports, permits,agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data,if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited to, suspension of contract or grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification,"grantee"or"contractor"means a corporation, partnership or other entity with twenty-five(25) or more employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance, including cannabis,is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a) abide by the terms of the statement;and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling,rehabilitation and employee assistance program;and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph (3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 5 BLR 05610(Rev.9/06) Printed on 10/20/2011 9:19:10 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Acireement Amount E—nqlneering Enterprises, Inc. 36-3150869 $115,249.79 Sub-Consultants: TIN Number Agreement Amount Huff&Huff, Inc. 36-3044842 $10,934.45 Sub-Consultant Total: $10,934.45 Prime Consultant Total: 1 $115,249.79 Total for all Work: 1 $126,184.24 Executed by the LA: United City of Yorkville (Municipalityrrownship/County) ATTEST: By: By: Beth Warren—City Clerk Title: Mayor (SEAL) Executed by the ENGINEER: ATTEST: Engineering Enterprises, Inc. By: By: Title: Executive Assistant Title: Vice President Page 5 of 5 BLR 05610(Rev.9/06) Printed on 10/20/2011 9:19:10 AM DF-824-039 REV 12/04 PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Engineering Enterpriser.Inc. DATE 10/20111 PRIME/SUPPLEMENT Prime PTB NO. CONTRACT TERM 16 MONTHS OVERHEAD RATE 185.00% START DATE 5/112012 COMPLEXITY FACTOR 0 RAISE DATE 11112013 %OF RAISE 3.00% ESCALATION PER YEAR 5/1/2012 - 1/1/2013 102013 - 911/2013 8 8 16 16 50.00% 51.50% 1.0150 The total escalation for this project would be: 1.50% Bureau of Design and Environment Printed 10120/2011 9:19 AM DF-824-039 REV 12/04 PAYROLL RATES FIRM NAME Engineering Enterprises DATE 10/20/11 PRIME/SUPPLEMENT Prime PSB NO. ESCALATION FACTOR 1.50% CLASSIFICATION CURRENT RATE CALCULATED RATE Senior Principal $54.81 $55.63 Principal $54.81 $55.63 Senior Project Manager $43.07 $43.72 Project Manager $37.49 $38.05 Sr. Project Engineer/Planner/Surveyor II $32.98 $33.47 Sr. Project Engineer/Planner/Surveyor 1 $27.85 $28.27 Project Engineer/Planner/Surveyor $23.08 $23.43 Sr. Project Technician II $32.82 $33.31 Sr. Project Technician 1 $29.73 $30.18 Project Technician $26.99 $27.39 Administrative Assistant $21.92 $22.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PREPARED BY THE AGREEMENTS UNITrinted 10/20/20119:19 AM COST PLUS FIXED FEE COST ESTIMATE OF CONSULTANT SERVICES DF-824-039 REV 12/04 FIRM Engineering Enterprises,Inc. DATE 10120111 PSB OVERHEAD RATE 1.85 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 FIXED FEE= 14.5%[DL+R(DL)+OH(DL)+IHDC] DBE OVERHEAD IN-HOUSE Outside SERVICES %OF DROP ITEM MANHOURS PAYROLL & DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A) (B) (C) D) (E) (F) (G) (H) (B-G) Data Collection 16 553.26 1,023.52 228.63 1,805.41 1.43% To o.&Field Surveys 328 10,185.24 18,842.70 585.00 4,293.88 33,906.81 26.87% Design Studies, P&P 180 6,174.33 11,422.50 2,551.54 20,148.37 15.97% Env. Studies and Doc. 64 2,211.73 4,091.69 914.00 10,934.45 18,151.86 14.39% Drainage Study 88 2,975.90 5,505.41 1,229.79 9,711.10 7.70% ROW Coordination 44 1,499.93 2,774.86 619.84 4,894.63 3.88% Estimate of Cost 20 687.801 1,272.44 284.24 2,244.48 1.78% Project Dev. Report 136 4,730.59 8,751.59 250.00 1,991.17 150.00 15,873.35 12.58% Meetings&Coord. 52 1,937.88 3,585.08 800.83 6,323.78 5.01% Administration 32 1,358.31 2,512.88 561.32 4,432.52 3.51% QC/QA 32 1,358.31 2,512.88 561.32 4,432.52 3.51% CAD 3,720.001 539.40 4,259.40 3.38% Subconsultant DL 0.00 1 0.00 0.00% TOTALS 992 33,673.27 62,295.56 4,555.00 14,575.96 150.00 10,934.451 0.00 126,184.24 100.00% DBE 0.00% DBE PREPARED BY THE AGREEMENTS UNIT Printed 10/20/2011 9:19 AM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM Engineering Enterprises,Inc. PSB DATE iw0i1i PRIMEISUPPLEMENT Prime SHEET 1 OF 2 PAYROLL AVG TOTAL PROJECT RATES Data Collection Topo.&Field Surveys Design Studies,P&P Env.Studies and Doc. Drainage Study HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % I Wgtd Hours I % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part Avg Part. Avg Part. Avg Part. Avg Senior Principal 55.63 0 Principal 55.63 28 2.8i°/. 1.57 4 2.22% 1.24 Senior Project Manager 43.72 0 Project Manager 38.05 1 244 24.60% 9.36 4 25.00% 9.51 68 20.73% 7.89 16 8.89% 3.38 16 25.00% .9.51 8 9.09% 3.46 Sr.Project Engineer/Planner/Surveyor II 33.47 260 26.21% 8.77 8 50.00% 16.74 80 44.44% 14.88 24 37.50% 12.55 40 45.45% 15.22 Sr. Project Engineer/Planner/Surveyor 1 28.27 130 13.10% 3.70 130 39.63% 11.20 Project Engineer/Planner/Surveyor 23.43 0 Sr.Project Technician II 33.31 188 18.95% 6.31 4 25.00% 8.33 80 44.44% 14.81 24 37.50% 12.49 40 45.45% 15.14 Sr.Project Technician 1 30.18 130 1310% 3.95 130 39.63% 11.96 Project Technician 27.39 0 Administrative Assistant 22.25 12 1.21% 0.27 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 992 100% $33.94 16 100.00%1$34.58 3287 100% $31.05 180 100°k $34.30 64 100% $34.56 88 100% $33.82 PREPARED BY THE AGREEMENTS UNIT Printed 10120/2011 9,19 AM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM Engineering Enterprises,Inc. PSB DATE 10120111 PRiME/SUPPLEMENT Prime SHEET 2- OF 2 PAYROLL AVG ROW Coordination Estimate of Cost Project Dev.Report Meetings&Coord. Administration QCIOA HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wg CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Tv Senior Principal 55.63 Principal 55.63 4 2.94% 1.64 4 7.69°A 4.26 a 25.00% 13.91 8 25.00% LL3.5 Senior Project Manager 43.72 Project Manager 38.05 16 36.36% 13.64 4 20.00% 7.61 40 29.41% 11.19 24 46.15% 17.56 24 75.00% 26.54 24 75.00%' 28.1 Sr.Project Engineer/Planner/Surveyor 11 33.47 16 36.36% 12.17 16 60.00% 26.76 60 44.12% 14.77 16 30.77% 10.30 Sr.Project En ineer/Planner/Surve or 1 28.27 Project Engineer/Planner/Surveyor 23.43 Sr.Project Technician II 33.31 8 18.18% 6.06 24 17.65% 5.88 6 15.38% 5.12 Sr.Project Technician 1 30.18 Project Technician 27.39 Administrative Assistant 22.25 4 9.09% 2.02 a 5.88% 1.31 TOTALS 44 1 100% $34.09 20 100% $34.391 136 1 100% $34.78 52 100% $37.27 32 100% $42.45 32 100% $42.,e PREPARED BY THE AGREEMENTS UNIT Printed 1012012011 9•.19 AM SUMMARY OF DIRECT COSTS Kennedy Road Bike Path; IL47 to Mill Road Kendall County Engineering Enterprises, Inc. In-House Direct Costs No. Unit Cost/Unit Total Cost Printing/Reports 1500 Pages $0.10 $150.00 Printing/Plans 100 Sheets $1.00 $100.00 CAD 248 Hours $15.00 $3,720.00 Vehicle-Surveying 13 Days $45.00 $585.00 Subtotal $4,555.00 Outside Direct Costs No. Unit Cost/Unit Total Cost Postage/Overnight Delivery 10 Each $15.00 $150.00 Subtotal $150.00 TOTAL $4,705.00 JI t: 915 Harger Road,Suile:330 Oak Brook,IL 60523 Phone(630)684-9100 environmental engineers Fax(630)684-9120 and consultants Website:httpl/hufY»huff.cotn October 12, 2011 Mr. James R. Lenzini Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 PESA,Wetland Delineation,Endangered Species,Tree Survey,Wetland Impact Evaluation Form(WIE)/Process Kennedy Road Shared-Use Path Yorkville,Illinois Proposal No.Tll-125 Dear Mr. Lenzini: Huff & Huff, Inc. (H&H) is pleased to submit this proposal to perform a Preliminary Environmental Site Assessment (PESA), wetland delineation, endangered species, tree survey and wetland impact evaluation form for the construction of the Kennedy Road Shared-Use Path in Yorkville. This proposal presents our project understanding, the scope of services, cost, and schedule for completing the project. A tiered approach to the wetlands and PESA is utilized to efficiently address potential impacts. 1—PROJECT UNDERSTANDING H&H has been requested to provide various environmental services for the parcel located for the construction of the Kennedy Road Shared-Use Path in Yorkville, Illinois. The project limits on Kennedy Road are from IL 47 to Mill Road, which is approximately three miles in length. The Shared-Use Path will be located on the south/east side of Kennedy Road and the area that we will be working in will be from the centerline of the road to 10 feet beyond the 40'right-of-way. 2. SCOPE OF SERVICES Task 1 -Preliminary Environmental Site Assessment(PESA) H&H will prepare a Preliminary Environmental Site Assessment for the Kennedy Road Shared- Use path identified in the attached Location Map. The process will follow general protocols associated with ASTM E1527-05, which is a standard environmental site assessment methodology and IDOT procedures. These protocols are consistent with the "Preliminary Site Assessment(PESA)" procedures outlined by the Illinois Department of Transportation(IDOT) in BDE #66-10A,the "Manual for Conducting Preliminary Environmental Site Assessments for u:1Proposal I MransportationTEITE1-.Kennedy.Road Yorkyille.docx Illinois Department of Transportation Highway Project", and Bureau of Local Roads Special Waste Procedures. A. Historical Research The site's historical land use/ownership record will be developed from standard historical sources. Either historical aerial photographs or historical maps, such as Sanborn Fire Insurance Maps, will be reviewed. The review will identify land use over time and potential areas of environmental concern, such as areas of surface disturbance and outside storage. B. Site Evaluation Current environmental features and conditions of sites adjacent to the right-of-way will be evaluated. A site walkover of potential right-of-way areas designated for excavation and/or acquisition will be conducted for first-hand evaluation of current environmental conditions within the project limits. All of the features and conditions listed above will be investigated and, as appropriate, documented in photographs. The land-use and housekeeping practices of adjacent properties also will be evaluated in accordance with ASTM protocols. C. Records Review A records review will be conducted to determine potential environmental concerns within the study area. It will include a search of standard state and federal environmental record databases in accordance with the specifications of ASTM standards. This search is based on the outline of the study area. Specifically, Consultant will search each database to identify any potential sources requiring further investigation. As appropriate, Freedom of Information Act(FOIA)requests will be filed with the Illinois Environmental Protection Agency(IEPA) to obtain additional data pertaining to identified sites. A local source, such as the fire department or building department, will be contacted regarding available records and area history. D. Report Preparation A special waste screening document will be prepared if the records review does not indicate the presence of any Recognized Environmental Conditions (RECs). If RECs are present, a Preliminary Environmental Site Assessment will document these findings. The following information will be included in this report: a) The project location and description b) Historical uses of corridor. c) The area geology and hydrology. d) The environmental status of sites adjacent to the corridor regarding chemical use and storage, underground and aboveground storage tanks, solid waste, special waste, and hazardous waste,wastewater,and PCBs. e) The environmental records review conducted for the two sites. f) An analysis of the site inspection. U,\Proposal 11\TransportadoMEEREEI-Kennedy Road Yorkville.docx 1. g) A summary of the findings regarding any environmental concerns. This will include IDOT's per Memo 66-10A. Task 2. Wetland Delineation and Report The following records/documents will be reviewed prior to conducting the field investigation. Soils information will be reviewed to determine the soil types encountered during the delineation procedures. The maps reviewed and to be used include: • U.S. Geological Survey Topographic Maps • National Wetlands Inventory Maps • Kendall County Wetland Map • Kendall County Soil Survey • Kendall County Flood Insurance Rate Maps • Hydric Soils of the United States In addition to the areas identified on available mapping, the entire area within the .proposed project limits will be investigated in the event that unmapped wetlands are present. As the wetland maps are developed to be used as a general planning tool, detailed field investigations are required to ascertain whether or not wetlands are present. All areas exhibiting wetland characteristics within the parcel will be investigated. On-Site Investigation(Field lnventory) The on-site investigation will be conducted by our environmental staff experienced in Federal methods for conducting wetland delineations. Our staff will classify and define hydric soils, hydrophytic vegetation, and evidence of hydrology to determine if wetlands are present. The wetland perimeters will be located and flagged for completion of field survey by others. A wetland delineation of the project site will be conducted that will meet the requirements of Executive Order 11990, "Protection of Wetlands;" Section 404 of the Federal Water Pollution Control Act as amended by the Clean Water Act (Corps of Engineers, Section 404 Permit), the Illinois Environmental Protection Agency (IEPA Section 401 Guidelines) regulations, the Kendall County Stormwater Management Ordinance, and the Yorkville Wetland Protection Regulation Ordinance. These regulations pertain to the placement of fill or alterations of drainage within wetlands of any type and apply to privately as well as publicly owned wetlands. The investigation will meet the requirements of these regulations by identifying the type, functions, and approximate boundaries of the involved wetlands. Wetlands found will be classified according to type using the "Classification of Wetlands and Deep Water Habitats of the United States" by Cowardin. Wetland boundaries will be defined in accordance with the regional supplement to the Corps of Engineers Wetlands Delineation Manual: Midwest region- This includes a soil investigation to determine the presence or absence of hydric soils and an analysis of the dominant plant species. Field observations will be made on any evidence indicating the hydrology of the area and on water sources that are supporting these wetlands. Functions of these wetlands will be evaluated from field observations. UAProposal 11\TransportationTEREEI-Kennedy Road Yorkville.doex H&H will flag the wetland perimeters. H&H will not conduct the survey of the wetlands but will coordinate with EEI staff to assure accuracy-of the wetland boundaries. This will include a meeting in the field with the survey crew, if necessary. Farmed Wetland Determination As there are farms located within the project limits, a Farmed Wetland Determination will be required. H&H will utilize the current USDA Natural Resource Conservation Service methodology for determining farmed wetlands. If farmed wetlands are identified on the aerial slides provided by the USDA Farm Services Agency, these areas will be investigated in the field to determine if they meet wetland criteria. The farmed wetland determination will be completed prior to the field work. Report A wetland delineation report will be prepared summarizing the findings of the fieldwork. If no wetlands are present at either site, a summary letter will be prepared in lieu of a report, with necessary documentation of the field investigation. Specific items to be included are as follows: a)Map showing the wetland boundaries and project boundaries -b)Aerial Photo with the appropriate limits of delineated wetlands c) Floristic Quality Assessment A formal delineation of wetlands is required in accordance with Kendall County and the City of Yorkville regulations, prior to permitting any wetland impacts. Permitting will be conducted in Phase 2 and is not included in this scope of work. Task 3 . Endangered Species Review Endangered species consultation with the Illinois Department of Natural Resources (IDNR) will be submitted. H&H will prepare an ECOCAT and submit them for state listed endangered species consultation. A Section 7 Endangered Species consultation will be completed as documented on the United States Fish and Wildlife Service(USFWS) website. This documentation will determine whether federally threatened or endangered species habitat is present. If habitat is present,the next step is to determine whether the project will have an impact on the habitat. The USFWS does not review Section 7 consultation letters;instead the COE reviews the letters during permitting. One (1) copy of the EcoCAT, INDR response, and USFWS Section 7 Endangered Species consultation letter will be forwarded to EEI. U;\Proposal 1 l\TransportationTEAEEI-Kennedy Road Yorkville.doex,. Coordination with the USFWS is required if it is anticipated that there will be an effect on threatened or endangered species, or their habitat. Coordination requirements with the.USFWS. will be documented. Endangered species surveys are not included in this scope of work. This proposal does not include an endangered species survey should one be required. Task 4. Tree Survey A tree survey will be conducted in accordance with current IDOT policies and Design & Environment Memorandum 18, Preservation and Replacement of Trees, and the City of Yorkville Landscape Ordinance. This survey will include all trees six (6) inches in diameter or greater and smaller individuals when planted for landscape purposes. H&H staff will utilize initial survey data from EEI to conduct the tree assessment. Station and offset information will be obtained from EEI. H&H will identify the trees to species level and determine health, structure, and origin. H&H will also note whether any trees are of exceptional size and condition. .H&H will determine which trees are worth avoidance. In addition,H&H will identify invasive,non-native trees that may enhance the rural setting through their removal. H&H will complete tabulation tables with the information gathered from the field assessment. Station and offset for the tables will be obtained from the survey. All data collected in the field concerning health, structure, and origin will be tabulated and summarized on the tables. A summary memorandum will be prepared upon completion of the tabulation. Recommendations on trees to be avoided or removed will be included. H&H will also work with EEI in potential mitigation measures should certain trees be potentially impacted by the proposed project. This proposal does not include a Tree Removal Permit or Tree Preservation and Removal Plan should one be required. Task 5. Wetland Impact Evaluation Form(WIEI/Process Once all impacts are determined and the mitigation measure is selected,the results of the wetland studies will be summarized in the Wetland Impact Evaluation Forms and submitted to IDOT for review. 3. LEVEL. UlF EFFORT AND SCHEDULE The level of effort and project cost is provided in the CECS Form attached to this proposal. Costs will be invoiced as a cost plus fixed fee. Please indicate acceptance of this agreement by returning a signed copy of this agreement or a purchase order incorporating the terms of the agreement. We appreciate the opportunity to work with you and look forward to a successful project. If you have any questions concerning our proposed scope of services or fees, please contact us. U:\Proposal 1 MransportationTEIIEEI-Kennedy Road Yorkville.docx 4. CONTRACT.C.ONDITIONS 1. ' CONSULTANT'S SERVICES: The Consultant's (Huff& Huff, Inc.) services shall consist of those tasks described in Section 2. 2. SCHEDULE: The Consultant's work under this Agreement shall begin according to Section 3. 3. COMPENSATION: The fee basis is outlined in Section 3. 4. DIRECTION: For work performed under this Agreement, Consultant shall take direction from the Client. 5. CHANGES: This Agreement may only be changed by written amendment which specifies the terms being revised and which has been signed by both parties hereto. 6. PROJECT DATA: The Consultant, in coordination with the Client, shall obtain from the appropriate sources all data and information necessary for the proper and complete execution of the Consultant's services. Consultant shall be entitled to rely on materials and information provided by the Client. 7, INDEPENDENT CONSULTANT: The Consultant shall be deemed to be an independent contractor in all its operations and activities hereunder. The employees furnished by Consultant to perform the work shall be deemed to be Consultant employees exclusively, and said employees shall be paid by Consultant for all services in this connection. The Consultant shall be responsible for all obligations and reports covering Social Security, Unemployment Insurance, Worker's Compensation, Income Tax, and other reports and deductions required by an applicable state or Federal law. 8. RIGHTS OF WORK PRODUCT: Client shall have unlimited rights in all drawings, designs, specifications, notes, and other work developed in the performance of this contract, including the right to use same on any other work without additional cost to the Client. The Consultant shall not be liable for any use or reuse of the drawings, designs, specifications, notes and other work for use other than intended under the terms of this Agreement. 9. INDEMNIFICATION: The Consultant hereby agrees to indemnify and hold harmless the Client and any proper owners whose property it is necessary to access in the performance of this work, against any and all liability, loss, damages, demands, or actions or causes of action, which may result from any damages or injuries sustained by a person or entity in connection with or on account of any negligent act or omission of the Consultant or its employees relating to its obligations pursuant to this Agreement. -10. TERMINATION: Client may terminate this Agreement at any time upon ten (10) days written notice for whatsoever reason, provided Client shall pay the Consultant a reasonable fee for work satisfactorily performed prior to the effective date of termination. In no case, however,shall the total amount paid to Consultant exceed the amount set out above. U:1Proposal 11\TransportationTEREEI-Kennedy Road Yorkville.doax, 11. INSURANCE: The Consultant shall maintain insurance as set forth in the prime contract,if attached,or as set forth below. a. Worker's Compensation and Employer's Liability Insurance: Worker's Compensation in compliance with applicable State and Federal laws. b. Comprehensive General Liability Insurance for Bodily Injury and Property Damage to a combined single limit of$2,000,000 per occurrence/claim or an umbrella of$3,000,000. c. Comprehensive Automobile Liability Insurance, including owned,hired, and non-owned automobiles, for Bodily Injury and Property Damage to a combined single limit of $1,000,000 per occurrence. d. Professional liability insurance$2,000,000 on a claims made basis. 12. LIMITATION OF LIABILITY. Client recognized the disparity in relative risks and benefits of this engagement between Client and Consultant. In such recognition, Client agrees,to the fullest extent permitted by law, to limit all liability of Consultant to the Client for any claims, losses, costs, damages, suits, warranties, whether for negligence, breach of contract or any other legal, equitable or statutory theory whatsoever, regardless of cause, including but not limited to attorneys' fees, costs and expenses, so that the total aggregate liability of the Consultant to the Client shall not exceed $50,000 or, two hundred percent of all fees received by Consultant under this Agreement, whichever is greater. Additional limits of liability are available for additional fees. Unless such additional limits are negotiated in advance of any services under this Agreement, this limitation of liability shall apply regardless of the cause of action of legal theory pursued. 13. STANDARD OF CARE: Services performed by the Consultant under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. 14. RETENTION OF RECORDS: Consultant shall maintain complete records of all hours billed and direct costs incurred under this Agreement so as to accurately reflect the services performed and basis for compensation and reimbursement under this Agreement. All relevant project and accounting files relating to this project shall be maintained for a period of seven(7)years from the date of termination or completion. 15. LEGAL: This Agreement shall be construed and interpreted solely in accordance with the laws of the State of Illinois. U.Troposal I IUransportationTEREE1-Kennedy Road Yorkville.docx BOTH PARTIES HERETO WARRANT AND REPRESENT that they have full right, power, and authority to execute this Contract. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first specified above. CONSULTANT CLIENT HUFF &HUFF, INC. EEI ENTERPRISES, INC. Signature Signature By Linda L.Huff, P.E. Typed Name Typed Name President Officer's Title Officer's Title October 12, 2011 Date Date U:\Proposal I Transportation\EEREEI-Kennedy Road Yorkville,docx (*,Enom Payroll Escalation Table p Fixed Raises of nation FIRM NAME Huff&Huff,Inc. DATE 10/12111 PRIMEISUPPLEMENT EET PTB NO. CONTRACTTERM 6 MONTHS OVERHEAD RATE 155.00% START DATE 11/01/11 COMPLEXITY FACTOR D RAISE DATE 01/01/12 %OF RAISE ZSCALATION PER YEAR 9110111'1 - 01101/12 •0F/0712 05ro1/12 .2 ;4 s• 6 33.33% 68.67% = 1.0200 The total escalation for this project would be: 2-00° BDE 025(Rev.2106) PRINTED 10/12111,11:50 AM PAGE 1 (i)Illinois Department .of Transportation Payroll Rates FIRM NAME Huff&Huff, Inc. DATE 10/12/11 PRIME/SUPPLEMENT EEI PTB NO. ESCALATION FACTOR 2.00% CLASSIFICATION CURRENT RATE ESCALATED RATE Principal $62.37 $63.62 Senior Project Manager $55.76 $56.88 Senior Engineer III $41.60 $42.43 Senior Engineer II $35.42 $36.13 Transportation Planner $30.76 $31.38 Senior Scientist IV $41.84 $42.68 Senior Scientist III $35.86 $36.58 Senior Scientist II $28.88 $29.46 Senior Scientist 1 $24.72 $25.21 Senior Geologist 1 $32.68 $33.33 Project Engineer II $31.68 $32.31 Project Engineer 1 $25.52 $26.03 Wetland Scientist III $0.00 $0.00 Wetland Scientist II $22.72 $23.17 Wetland Scientist 1 $0.00 $0.00 Project Scientist III $22.68 $23.13 Project Scientist II $0.00 $0.00 Project Scientist 1 $18.76 $19.14 Project Geologist 1 $26.78 $27.32 Project Associate $23.00 $23.46 Senior CADD 1 $32.08 $32.72 CADD II $25.00 $25.50 CADD 1 $16.04 $16.36 Admin. Manager 1 $29.58 $30.17 Administrative IV $19.76 $20.16 Administrative II $17.80 $18.16 Administrative 1 $11.00 $11.22 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BDE 025(Rev. 2/06) PRINTED 10/12/11,11:50 AM PAGE 2 Illinois Department Cost Estimate'of Of Transportation Consultant Services (CPFF) Firm Huff&Huff, Inc. Date....... ..10/12111 Rot Kennedy Road Seeflott Overhead Rate 155.00% County. . _. Kendall Job No. Complexity Factor 0 PTB&Item Overhead In-House Outside Services %of Item Manhours Payroll & Direct Fixed Direct By Total Grand Fringe Benefits Costs Fee Costs Others Total PESA 41 1,122.67 1,740.14 38.25 420.65 265.50 0.00 3,587.221 32.81% Vllefland Delineation&Re 41 1,205.07 1,867.86 65.05 455.01 .15:50, 0..00 3,608.48.'8 `33.00% EndanFred°S ecies Revlei 7 219.42 340.10 1.20 81.31 0.,00 0.00 642.03 5.87% Tree Survey, 24 714.82 1,107.96 49.65 271.50 15.50' 0.00 2,159.43 19.75% .119 6 203.18 314.94 0.00 75,13 0.00 0.00 593.25 5.43% project Coordination 4 117.83 182.64 43.57 344.04 3.15% TOTALS 123 3,582.99 5,553.64 154.15j 1,347.16 296.50. 0,00 10,934.45 .1'0.0.00% Method of Compensation: Cost Plus Fixed Fee 1 0 14.5%[DL+ R(DL)+OH(DL) + IHDC] Cost Plus Fixed Fee 2 Q 14.5%[DL+R(DL)+ 1.4(DL)+IHDC] Cost Plus Fixed Fee 3 0 14.5%[(2.3+R)DL+ IHDC] Specific Rate Lump Sum PRINTED 10/12/11, 11:50 AM Page 3 BDE 025 (Rev.2/06) ois.: 3epeitrrt Tranarltil Kennedy f�dad Average Hourly Project•.Rates fitaafe:. • $ect(on.._. ._.... ....... Cou"ty Ken fafl Consultant Huff&Huff,Inc. Date 10/12111 Job No_ ....... .. . PTBAtem. . . Sheet 'I OF 1 Payroll Total Pro pct Rates PESA. .. Wetland Delineation B..Report. Endangered Species Regiaw ,Tree Survey WIE , Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours °/a tlUgtB Hours %. Wgtd Hours °l° Wgtd Classification Part Avg Part. Avg Part. Ay Part. AY Part. Avg Part. Avg_ Principal 2 1.63% 1.03 ;;2' 4.88% 3.10 Senior Scientist IV 8 6.50% 2.78 3 7.32% 3.12 1 14.29%. 6.10 2 8.33% 3.56 2 33:33% 14.23 Seriiof Scientist II• 64 52.03% 15.33 30 •73.17% 21.55 6 85.71%; 25.25 20 83.33% 24.55 4 66:67% 1:9.64 :Project.En'ineer 1 32 26.02% • 6.77 32 ...78.05"/0..•.,20.32 _.: ADA:L1_ 10 8.13% 2.07 4 9.76% 2.49 6 14.63% 3.73 : dminlstrathe 1V. 7 5.69% 1.15 3• "732%;: 1.47 2 4.88% 0.98 . 8.33% 1.68 0 0 0 TOTALS 123 100% 1 $29.13 41 1 1000/6 $27.38 41 100% 1 $29.39 7 100% $31.35• 24 100% $29.78 6 100% $33.86 BDE 025(Rev.2 106) PRINTED 10/12/11, 11:50 AM PAGE 4 Illinois Department of Transportation Average Hourly Project Rates Route Kennedy Road Section Colin Kendall Consultant Huff&Huff,Inc. Date 10/12/11 PTB/ltem Sheet 2 OF 1 Payrolt AVg. Project Coordination Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part Avg Part. Avg Part. Avg Part. Avg Part Avg Part . Av Principal 63.62 5eri4o Pro edit'Mana er 56.88 SeniorEn ineer III 42:43 Seniof En sneer.ll 36.13 Trans Ottation Planner 31.38 Senior Scientist:lV 42.68 Senior.Scieiitist III 36:56 Senior Scientist II 29,46 4 100.00% ...28.46 : . Senior Scientist 1 25.21 Senior GeoTo. ist I 133:33 I?io'edatrx ineer 11 .. .. '32.31 Pro ect:En lgeer I. 26.03 Wetland Scientist III Wetland:$aentist 11. 23:17 Weitlaild Scientist.) Pro'ectScientist 111 23.13 .P:iect Scientist 11 Proit:S:crribst I . 19.14 Pr iodmepl w 1 27:32 Pro ect Associate 23.46 eriior.:;Ci4DDa: 32.72 CA.iDD I 16.36 Adrn1M,AAana er J.. 30.17 AclinrniMt9tive IV 20.16 Ad'mi6i0raNve•11 18.16 Administ.ratite.:l:... .. .1.1.22. 25.50 TOTALS 4 100% $29.46 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% BDE 025(Rev.2106) PRINTED 10/12/11, 11:50 AM PAGE SUMMARY OF INHOUSE DIRECT COSTS Project; EEI = Kennedy Road DIRECT Task 01 - PESA Trips - Company 75 miles x 1 x $ 0.51 = $ 38.25 Task Total $ 38.25 Task 02- Wetland Delineation & Report Trips - Company 75 miles x 1 x $ 0.51 = $ 38:25 Tolls 4 x $ 0.40 = $ 1.60 Reproduction 7 sets x 60 x $ 0.03 = $ 12.60 Color copies 7 sets x 18 x $ 0.10 = $ 12.60 Task Total $ 65.05 Task 03 -Endangered Species Review Reproduction 4 sets x 5 x $ 0.03 = $ 0.60 Color copies 3 sets x 2 x $ 0.10 = $ 0.60 Task Total $ 1.20 Task 04- Tree Survey Trips- Company 75 miles x 1 x $ 0.51 = $ 38.25 Tolls 4 x $ 0.40 = $ 1.60 Reproduction 7 sets x 40 x $ 0.03 = $ 8.40 Color copies 7 sets x 2 x $ 0.10 = $ 1.40 Task Total $ 49.65 Task 05-W!E Task Total $ - GRAND TOTAL $ 154.15 PAProposa1-20111EE11[EEI Kennedy Rd DC.xlsjlnhouse Direct Costs SUMMARY-OF OUTSIDE DIRECT COSTS Project; EEI - Kennedy Road OUTSIDE Task 01 --PESA Federal Express 1 x $ 15.50 = $ 15.50 Records Search 1 x $ 250.00 = $ 250.00 Task Total $ 265.50 Task 02 - Wetland'Delineation $ Report Federal Express 1 x $ - 15.50 = $ 15.50 Task Total $ -15.50 Task 03 -Endangered Species Review Task Total $ Task 04- Tree Survey Federal Express 1 x $ 15.50 = $ 15.50 Task Total $ 15.50 Task 05-WIE Task Total GRAND TOTAL $ 296.50 PAProposal-201 11EEI1[EEI Kennedy Rd DC.xlsllnhouse Direct Costs ,`�D C1 J Memorandum EST 1836 To: Brad Sanderson, EEI From: Laura Schraw, Interim Director of Parks and Recreation CC: Krysti Barksdale-Noble, Community Development Director Bart Olson, City Administrator Date: November 4, 2011 LE Subject: Kennedy Road Shared-Use Path ITEP Grant Award The 2.72 mile trail connection along Kennedy Road from north of the Burlington Northern Santa Fe tracks to Route 47 is a primary connection for the Yorkville trail system. This link will connect residents between two elementary schools(Autumn Creek and Grande Reserve), commercial shopping,the Post Office, 5 city parks including our regional ballfields at Steven G. Bridge Park and future Disc Golf Course,the Oswego Park and Ride,the REC Center, and ultimately downtown Yorkville.This project also includes a signalized railroad crossing for the BNSF railroad tracks that will allow people to safely cross the tracks.The path will directly connect 618 Yorkville homeowners(build out number of 179 1)to the heart of Yorkville. The overall project cost estimate is$1,744,600.00 with construction and engineering costs of $1,716,600.00 plus$28,000.00 in land acquisition costs.The federal share(80%project+50% acquisition)is$1,387,280.00 and the City's share(20%project+50%acquisition)is$357,320.00. Of the City's share, if an IDNR Recreational Trail Grant is applied for and received,the$357,320.00 - $14,000.00(50%acquisition)totaling$343,320.00 would be a 50150 match and the City's share for engineering and construction could potentially be reduced to a total of$171,660.00. The Village of Oswego was awarded a CMAQ grant for Mill Road,which is the missing link between Yorkville's Blackberry Creek Trail in Grande Reserve and the greater trail system in Illinois. Oswego has been fast-tracking this project and has already submitted plans to IDOT for approval. Ultimately,the Kennedy Road trail would connect Yorkville to the Fox River Trail (total 46.2 miles),the Virgil Gilman Trail (17.2 miles)and the Illinois Prairie Path(61.0 miles)in addition to a number of shorter area trail systems. Oswego Trall Data provided by OswegOland Park District 'Ic ' i 1 i r I ;"�"— Village of Oswego - . - 1 Grande Reserve - Mill Road CMAQ Grant Regional Park A {` 1 Balifields y ' Ea 1 I F -' i i r - 1 _ ` ---- Course oil Grande Reserve ;..rI _ _ ` Elementary/Stepping 1 u ; ITEP Kennedy i - y >r- - - ! Stones Park R oad Project 46.2 Miles of Fox River Trail j w 1 Autumn Creek °. 1 1 i Park `� •; ' ME /`�� i Grande Reserve - - -- f s 0l } Blackberry Creek Trail • n I - Fr-, Reimhenscnieder /� Park �♦ I t...._._ ! Legend --- Autumn Creek , - ` Oswego Trails r- ! '� ♦ o `� �` ` : -.__- 1 HOMEOWNERS ASSOCIATION, EXISTING y s � , 7' ; 1 j ~ t -- - _ HOMEOWNERS ASSOC IATION, FUTURE .� ; � e/ , 1 ' --• . �- -' - re 7 - Autumn Creek MUNICIPAL, EXISTING I®OT Rte Elementra� MUNICIPAL, FUTURE P47 Project OSWEGOLAND PARK DISTRICT, EXISTING "T . � I . ♦ - ,, OSWEGOLAND PARK DISTRICT, FUTURE 1 !I -�-- -�?` —, ! l �`'�` '- _•_. _� ..r .,_ ,�._ Yorkvile Trails _•;,, s " `-- Secured By City L � •*-� '- - �_ °` 1 r Kennedy Road /, - l ��_ City Owned/Maintained Asphalt 1 r 1 Shared Use Path _ _ .� ,l ! ! J County Trail -.- _ 1 ! - • f" ! ` 1: I j- - - • In Developer PUD Agreement a j` ,►i 6! -`1 1 °� f I �_ ` / �` `,~ ` -- _. _. _ - i j Proposed Conceptual HOA Owned Engineering Enterprises, Inc. United City of Yorkville DATE. OCTOBER2011 KENNEDY ROAD LOCATION MAP CONSULTING ENGINEERS 800 Game Farm Road PROJECT NO: Y01144 BIKE PATH 52 Wheeler Road Yorkville,IL 60560 Sugar Grove,Illinois 60554 (630)553.4350 PATH: UNITED CITY OF YORKVILLE *f I(630)466-6700/www.eelweb.con http;//www.yorkville.il.us H:IGIS/PUBLICIYORKVILLE12011/Y0l l44 NO nnTC RFVTCTnNC FILE: —141 +e•u c..•� KENDALL COUNTY,ILLINOIS N 0?R r H CI P Reviewed By: f� O A enda Item Number J 4 �-v T Legal E] g esr. 1836 Finance Engineer ❑ Admin#1 ❑ City Administrator O ��! t 0) Human Resources ❑ Tracking Number 0 Community Development ❑ Police ❑ PW 2011-39 �tE �� Public Works ❑ City Council Agenda Item Summary Memo Title: Solid Waste Franchise Agreement RFP Meeting and Date: City Council—December 27, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: November 2011 Action Taken: Admin. Committee recommends approval Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: A4 Memorandum To: City Council EST. 1836 From: Bart Olson, City Administrator 0 CC: � � . "� Date: December 9, 2011 ca.m�5ea `a ,L� Kendal:.awry `p Subject: Residential solid waste franchise agreement CLE ��- Executive Summary Approval of the form of the RFP to be used for soliciting proposals from waste haulers for the City's solid waste refuse collection program from May 1, 2012 through April 30, 2017. Background This item was last discussed at the November Administration Committee meeting. At that meeting, the committee recommended that the attached RFP document be approved. Over the several month discussion on the RFP, the committee debated the merits of changing the solid waste collection program and whether the City wanted to negotiate a contract extension with Veolia, or post an RFP. Ultimately, the committee recommended an RFP. The committee also recommended that different prices be charged for 33, 65, and 96 gallon carts, and that the City encourage an alternate bid whereby the City receives all revenue generated by the sale of recyclables. The RFP recommended by the committee is substantially in the same format as the RFP that was issued in 2007 for the last refuse collection contract. All RFPs put out by the City must be approved by the City Council. Timeline for RFP publishing If the form and the document is approved at the December 13th City Council meeting, it would be my recommendation to have the RFP window from December 28th through January 18th. REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Solid Waste Collection Services Proposal No.: Proposal Due: DATE (i� 3:30 pm (FOUR WEEK WINDOW) Proposal Opening DATE g 34:31 p.m. Required of All Proposers: Deposit: $5,000.00 Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Contractor: Performance Bond/Letter of Credit: $500,000.00 Certificate of Insurance: Required Legal Advertisement Published: DATE AT BEGINNING OF WINDOW Date Issued: DEADLINE MINUS FOUR WEEKS This document consists of 44 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a *.doc (Microsoft Word) or *.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON CITY ADMINISTRATOR UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.yorkville.il.us 1 The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT. Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 I. REQUEST FOR PROPOSALS 1. GENERAL 1.1 Notice is hereby given that United City of Yorkville will receive sealed proposals up to DATE at 34:30 p.m. 1.2 Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road, on DATE at 34:31 p.m. 1.2 Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.3 Proposal forms shall be sent to the United City of Yorkville,ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.4 All proposals must be submitted on the forms supplied by the City and signed by a proper official of the company submitting proposal. Telephone, email and fax proposals will not be accepted. 1.5 By submitting this proposal,the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential Proposer. 2. PREPARATION OF PROPOSAL 2.1 It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations,provisions, and conditions surrounding the proposed services. 2.2 No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5)business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposer's of record. 2.3 In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4 All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges,use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance 3 with the requirements of the Contract Documents considered severally and collectively. 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1 A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal,provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2 A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening,by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety(90) days from the date set for the proposal opening,unless otherwise specified. 4. SECURITY FOR PERFORMANCE 4.1 The awarded contractor,within thirteen (13) calendar days after acceptance of the proposer's proposal by the City, shall furnish security for performance acceptable to the City when required under the documents. Such security shall be either a satisfactory performance bond(bonding company must be licensed to do business in Illinois) or a letter of credit on the form provided by the City and available from the City's Attorney. NOTE: As evidence of capability to provide such security for performance, each proposer shall submit with the proposal either a letter executed by its surety company indicating the proposer's performance bonding capability, or a letter from a bank or savings and loan within twenty-five miles of the corporate boundaries of the City indicating its willingness and intent to provide a letter of credit for the proposer. 5. DELIVERY 5.1 All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 6. TAX EXEMPTION 6.1 The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 7. RESERVED RIGHTS 7.1 The City of Yorkville reserves the exclusive right to waive sections,technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subcontractors as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. 4 II. TERMS AND CONDITIONS 8. CITY ORDINANCES 8.1 The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 9 USE OF CITY'S NAME 9.1 The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 10. INDEMNITY AND HOLD HARMLESS AGREEMENT 10.1 To the fullest extent permitted by law, the Proposer shall indemnify,keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs and expenses,which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify,keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its Subcontractors. 11. NONDISCRIMINATION 11.1 Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an "equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders#11246 and#11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal. 11.2 It is unlawful to discriminate on the basis of race, color, sex,national origin, ancestry, age,marital status, sexual orientation, physical or mental handicap or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS 5/1-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq. 5 12. SEXUAL HARASSMENT POLICY 12.1 The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 12.1.1 Notes the illegality of sexual harassment; 12.1.2 Sets forth the State law definition of sexual harassment; 12.1.3 Describes sexual harassment utilizing examples; 12.1.4 Describes the Proposer's internal complaint process including penalties; 12.1.5 Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 12.1.6 Describes the protection against retaliation afforded under the Illinois Human Rights Act. 13. EQUAL EMPLOYMENT OPPORTUNITY 13.1 In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"),the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract,the Proposer agrees as follows: 13.1.1 That it will not discriminate against any employee or applicant for employment because of race, color,religion, sex,marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 13.1.2 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 13.1.3 That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color,religion, sex,marital status, national origin or ancestry, age,physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 13.1.4 That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or 6 understanding, a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 13.1.5 That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.6 That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.7 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Proposer will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 14. DRUG FREE WORK PLACE 14.1 Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 14.2 Publishing a statement: (1)Notifying employees that the unlawful manufacture, distribution, dispensation,possession or use of a controlled substance,including cannabis, is prohibited in the City's or proposer's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and(B)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. 14.3 Establishing a drug free awareness program to inform employee's about: (1)the dangers of drug abuse in the workplace; (2) the City's or proposer's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 14.4 Providing a copy of the statement required above to each employee engaged in the 7 performance of the contract or grant and to post the statement in a prominent place in the workplace. 14.5 Notifying the contracting or granting agency within ten (10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 14.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 14.7 Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 14.8 Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 15. PREVAILING WAGE ACT 15.1 Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 15.2 Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer,workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four (4) years following completion of the contract. 16. INSURANCE REQUIREMENTS— 16.1 Prior to the beginning of the contract period, Contractor and any Subcontractors shall procure,maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, which may arise out of operations by the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City. Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee 8 Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile $1,000,000 Each Accident Liability Umbrella Liability $ 5,000,000 16.2 Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents.2 16.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned,hired and non-owned automobiles. 16.4 Workers Compensation coverage shall include a waiver of subrogation against the City. 16.5 Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 16.6 Contractor and all Subcontractors shall have their respective Comprehensive General Liability(including products/completed operations coverage),Employers Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the "City of Yorkville, its officers, officials, employees and volunteers" as "additional insureds"with respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Contractor of Subcontractor employees, or the employees of Subcontractor's subcontractors of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 16.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A-VIII. In the event that the Contractor or any Subcontractor fails to procure or maintain any insured required by the Contract Documents, the City may, at its option,purchase such coverage and deduct the cost thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 16.8 All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the City. Renewal 9 certificates shall be provided to the City not less than five (5) prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any deficiencies in such documents, and receipt thereof shall not relieve the Contractor or Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 17. COPYRIGHT/PATENT INFRINGEMENT 17.1 The Proposer agrees to indemnify, defend, and hold harmless the City against any suit, claim, or proceeding brought against the City for alleged use of any equipment, systems, or services provided by the Proposer that constitutes a misuse of any proprietary or trade secret information or an infringement of any patent or copyright. 18. COMPLIANCE WITH OSHA STANDARDS 18.1 Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 19. CERCLA INDEMNIFICATION 19.1 In the event this is a contract that has environment aspects,the Awarded Proposer shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City, its officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response, removal,remediation,investigation, property damage,personal injury, damage to natural resources,health assessments,health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et sea., as amended, and all other applicable statutes, regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Awarded Proposer,both before and after its disposal. 20. SUBLETTING OF CONTRACT 20.1 No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the City Administrator. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 22. TERMINATION OF CONTRACT 22.1 The City reserves the right to terminate the whole or any part of this contract,upon ten (10) days' written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. The Awarded Proposer shall be liable for any excess costs for such similar supplies or services unless 10 acceptable evidence is submitted to the City that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Awarded Proposer. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Proposer. 23. BILLING & PAYMENT PROCEDURES 23.1 Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 23.2 The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 23.3 Please send all invoices to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 24.1 The relationship between the City and the Proposer is that of a buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or partnership with the other. 25. STANDARD OF CARE 25.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one (1)year from the completion of Proposer's services for the Project. 26. GOVERNING LAW 26.1 This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 27. SUCCESSORS AND ASSIGNS 27.1 The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. 11 The Proposer will provide a list of key staff, titles,responsibilities, and contact information to include all expected sub Proposers. 28. WAIVER OF CONTRACT BREACH 28.1 The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 29. AMENDMENT 29.1 This Agreement will not be subject to amendment unless made in writing and signed by all parties. 30. CHANGE ORDERS 30.1 The contract price is a"not-to-exceed" cost. At any time additional work is necessary or requested, and the not-to-exceed price is increased thereby, any change, addition or price increase must be agreed to in writing by all parties. The appropriate authorizing signature for the City is the City Administrator. 31. SEVERABILITY OF INVALID PROVISIONS 31.1 If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 32. NOTICE 32.1 Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: City Administrator City of Yorkville 800 Game Farm Road. Yorkville,IL 60560 And to the Proposer as designated in the Contract Form. 12 III. DETAILED SPECIFICATIONS 33. DEFINITIONS 33.1 For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections. Attached Single-Family Dwelling (Group, Row, Townhouse) A building originally designed and constructed to accommodate two (2) or more dwelling units, with dwelling units joined together by party wall or walls and being not more than two (2) stories in height. Each unit shall have its own ground floor entrance and living space. Biodegradable shall mean chemically structured material that decomposes rapidly primarily through the action of living soil-borne microorganisms (bacteria, fungi, and actinomycetes) or macro-organisms (crickets, slugs, snowbugs,millipedes, etc.). Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container comprised of kraft paper most often used to contain groceries. Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers, tissues, and other similar products. Compost(ing) shall mean the process by which aerobic microorganisms decompose organic matter into a humus-like product. Contract shall mean the agreement created by and consisting of the Contract Documents. Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Proposal /Contract Form. Contractor shall mean the firm with which the City has executed the Contract for Solid Waste Collection and Disposal Services Corrugated Cardboard shall mean a sturdy paper product commonly used as a packaging consisting of two paper grades—a wavy inner portion and an outside liner. Curbside shall mean adjacent to the street pavement, alley pavement and gutter and within five feet thereof. Customer shall mean the resident party,property owner of a dwelling unit in Yorkville corporate boundaries participating in the scavenger collection service. Day shall mean Calendar Day unless otherwise stated. Detached Dwelling A single-family dwelling entirely surrounded by open space. Disposal Unit shall have different meanings as follows: For the purposes of refuse 13 collection, a"disposal unit" shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or one (1) water-tight metal, or plastic reusable waste container, no larger than thirty-two (32) or thirty-three (33) gallons in capacity, containing refuse,yard-waste or household construction and demolition debris as herein defined; or a securely tied,bundle of refuse or debris which is not placed in a container that does not exceed three(3) feet in diameter, six (6) feet in length, and fifty(50)pounds in weight, or one (1) single miscellaneous or odd-shaped item of refuse or debris that does not exceed fifty(50) pounds in weight. A large household item, as herein defined, is to be considered a disposal unit. Household construction and demolition debris, as is herein defined, is to be considered a disposal unit. For the purpose of yard-waste collection, a"disposal unit" shall mean a biodegradable two-ply fifty(50)pound wet-strength kraft paper bag designed for yard-waste collection, not to exceed thirty-three(33) gallons in capacity and fifty(50)pounds in weight, containing "yard-waste" as herein defined, or securely tied, bundles of brush or branches using biodegradable cord, string,rope or twine that does not exceed fifty(50)pounds in weight, two (2) feet in diameter, and four(4) feet in length and is manageable by one (1)person. For purpose of recycling collection, a"disposal unit" shall mean one (1) 64 gallon, 33 gallon, or 96 gallon tote. Envelope shall mean a flat, folded paper container for a letter or smaller object. Frozen Food Packages shall mean paperboard containers with special coatings to prevent tearing of the packages or smearing of the ink from moisture when refrigerated or frozen. Garbage or Rubbish shall mean discarded materials resulting from the handling, cooking, spoilage, and leftovers of food, discarded food or food residues, and paper necessarily used for wrapping same, and all types and kinds of waste materials from housekeeping activities, including,but not limited to ashes,metal cans bottles,books, glass,plastic, newspapers,boxes, cartons, and small amounts of earth,rock or sod, small automobile parts and building materials waste from residential type do-it-yourself projects provided that all such materials are of a size sufficiently small to permit being placed in an approved refuse container, except those items which are banned from direct disposal into a landfill. HDPE shall mean high-density polyethylene. Household Construction and Demolition Debris shall mean waste materials from interior and exterior household construction, remodeling and repair projects, including but not limited to: drywall,plywood and paneling pieces, lumber and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small amounts of sod, earth, clay, sand, concrete,rocks and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable disposable containers not exceeding fifty(50)pounds in weight, or in bundles not exceeding two (2) feet in diameter, four(4) feet in length, and fifty(50) pounds in weight. Household Garbage shall mean garbage and rubbish as collected from the residents of the City of Yorkville currently receiving curbside scavenger service or on-site dumpster service. 14 Household Garbage—Large Items shall mean any items set forth under"Garbage and Rubbish" above if such item is too large to fit in an approved Disposal Unit including, but not limited to boxes,barrels, crates, furniture, refrigerators, carpets,mattresses,box springs,hot water heaters, stoves and other household appliances, except those items which are banned from direct disposal into a landfill. Household Garbage—Large Items shall not include waste from manufacturing processes, construction materials, broken concrete, lumber, large rocks, automobile parts other than tires or dangerous substances which may create a danger to the health, safety, comfort or welfare of the residents of the City of Yorkville or items which are banned from direct disposal into a landfill. Industrial Wastes shall mean any and all debris and waste products generated by canning,manufacturing, food processing,restaurant, land clearing,building construction or alteration and public works type construction projects whether performed by a governmental unit or by Contract. Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with polyethylene plastic and aluminum foil, excluding milk cartons. Junk Mail shall mean brochures, advertisements, flyers, post cards, greeting cards, window envelopes, and other similar correspondence. Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and soft landscape waste. Large Household Item(also known as "Bulk Item"), shall mean any discarded and unwanted large household appliance such as freezers, stoves, trash compactors,washers, dryers, dishwasher,humidifiers, dehumidifiers, microwaves, water softeners, televisions, pianos, organs, tables, chairs, mattresses,box springs, bookcases, sofas and similar furniture. All "white goods" including those containing CFC's (chlorofluorocarbons), shall fit into this definition. White goods containing switches containing mercury, and PCB's (polychlorinated biphenyls) shall not fit into this definition. LDPE shall mean low density polyethylene. Magazines shall mean periodical publications, usually glue bound. Mixed Papers shall mean stationary, various office papers such as; computer paper, xerox paper, note paper, letterhead, and other similar papers. Multiple-Family Dwelling A dwelling containing three (3) or more dwelling units, with one or both of the following: (a) More than one (1) dwelling unit connecting to a common corridor or entrance-way; or, (b) Dwelling unit vertically connected to neighboring dwelling units through shared floors and ceilings. PET shall mean polyethylene terephthalate. 15 Performance Bond shall mean the form of security approved by the City and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. Processing Center shall mean a location to be maintained or utilized by the Contractor for the purpose of sorting, preparing, and marketing of recyclable materials. Properly-Prepared shall mean materials prepared according to the disposal program restrictions for refuse,yard-waste, and recycling. Processing Costs shall mean all reasonable costs incurred by the Contractor with respect to the collection of recyclables from residents currently receiving curbside scavenger services. Public Awareness Program shall mean a program developed and provided by the Contractor and the City to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the City. Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed on Appendix 2. Recycling shall mean the use, collection, and remanufacture of secondary materials as feedstock for the production of new materials or products. Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote if so acquired by the customer in the manner prescribed in the recycling collection program Refuse shall mean all discarded and unwanted household and kitchen wastes, including but not limited to: food, food residues, and materials necessarily used for packaging, storing,preparing and consuming same,usually defined as "garbage"; and all combustible and non-combustible waste materials resulting from routine domestic housekeeping, including but not limited to: aluminum and steel cans, glass containers, plastic containers, crockery and other containers,metal,paper(of all types), including newspapers,books, magazines, catalogs,boxes and cartons, cold ashes, furniture, furnishings and fixtures,household appliances (all kinds), textiles and leathers, toys and recreational equipment and similar items. For the purposes of this Agreement,the terms "garbage", "refuse", "rubbish", and"waste" shall be synonymous unless otherwise more specifically defined(for example: "yard-waste"). Refuse Sticker shall mean a biodegradable paper stamped with the City name and the Contractor's name and telephone number providing the solid waste services for the City. The sticker shall represent proof of payment for collection and disposal services to be rendered by the Contractor. Residence shall mean all attached single family and detached single family dwelling. Single-Family Dwelling A detached dwelling containing accommodations for and occupied by one (1) family only. 16 Specifications shall mean specifications identified in the Contract. Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33 gallon, or 96 gallon with tight-fitting cover, requiring semi-automatic lifting mechanism for collection. Waste shall mean refuse,recyclables, yard or landscape waste and white goods. Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with special coatings to prevent tearing of the containers or smearing of the ink from moisture when refrigerated. White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers,room air conditioners, water heaters and other similar domestic large appliances. Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag not exceeding thirty(34) gallons of capacity weighing up to fifty(50)pounds. The kraft paper bag shall be of the type specifically intended for landscape waste,being specifically biodegradable and not chemically treated; or a waste container(excluding plastic bags) not exceeding thirty-four(34) gallons of capacity weighing up to fifty(50) pounds; or bundles of hard landscape waste not exceeding two (2) feet in diameter and four(4) feet in length weighing up to fifty(50)pounds. Said bundle to be securely tied with biodegradablenatural fiber twine. Securing with plastic or wire is prohibited. Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves, branches and brush, other yard and garden trimmings,vines, garden plants and flowers, weeds, tree droppings (for example: pine cones and crabapples), and other similar organic waste materials accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines,trees and gardens. Sod, dirt, Christmas trees, and greenery from wreathes and garlands shall not be considered yard-waste and shall be disposed of as refuse,unless the composting facility will accept it. 34. DESCRIPTION OF THE CITY'S SOLID WASTE PROGRAM 34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located within the City on a once-per-week basis. The program,being a modified volume based program,based on a monthly fee for pickup of all refuse, consisting of one 35-gallon, 64- gallon tote, or 96-gallon tote, and a$1 charge for each refuse disposal unit beyond the tote,unlimited yard waste and unlimited recycling. As part of program, the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost outlined in Appendix 1. 34. 2 BULK ITEMS, as herein defined, are considered subject to collection by the CONTRACTOR, according to the terms and definitions of this contract. The CONTRACTOR will make available the collection of(1) one bulk item per week from residential UNITS at no additional cost to the resident. Individual residents will be responsible to contact CONTRACTOR and make arrangements for collection of additional BULK ITEMS on an individual basis. Residents with additional material or home improvement projects may contract separately with the CONTRACTOR. The 17 CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this purpose. 34.3 Yard-waste collection shall begin each year on the 1St collection day in April and end the last collection day in November. 35. SCOPE OF WORK 35.1 The Contractor shall be responsible for performing all work as outlined in the specifications herein and shall provide and furnish all labor, materials, equipment and supplies, vehicles,transportation services, and landfill and compost facility space required to perform and complete the collection and disposal of refuse and yard waste. The Contractor shall also make necessary arrangements with processors required to perform and complete the collection and marketing of recyclables. 35.2 The collection of refuse, yard waste, and recyclable materials shall be a joint program awarded to one firm and cannot be quoted or operated as separate programs. 36. COLLECTION UNITS 36.1 The base unit of service shall be known as a"Collection Unit or Stop". The Contractor shall collect, remove and dispose from every residential building unit, as defined herein, in the City of Yorkville, all refuse, yard-waste and curbside recyclables that may be set out for collection one (1) time each week. 37. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT OF DISPOSAL UNITS 37.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon totes to each single-family residence in the City of Yorkville for the purposes of garbage collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 37.2 The CONTRACTOR shall provide weekly collection of garbage and refuse for all occupied UNITS within the CITY. All GARBAGE and REFUSE as herein defined that is designated for collection and disposal hereunder must be placed in the provided carts. 37.3 Additional refuse material may be placed in covered cans or containers not to exceed thirty-three(33) gallons in capacity with a maximum weight for anyone container and its contents not to exceed fifty(50)pounds. The minimum can or container shall not be less than fifteen (15) gallons. Heavy duty bags which are securely fastened shall be considered proper containers so long as they do not exceed thirty-three (33) gallons capacity and are fifty(50)pounds or less in weight. Cans, containers, and/or heavy duty bags must be placed at the curb or roadway or in the alley(if designed by the CONTRACTOR). A$1 prepaid sticker must be attached to each bag or can in excess of the provided cart prior to collection by the CONTRACTOR. 37.4 All residences receiving the aforementioned services shall be required to prepare all materials for collection and/or disposal into proper "disposal units". The CONTRACTOR will be required to collect only properly prepared disposal units. Residents will be allowed to place unlimited amounts of disposal units at the curb for collection and disposal provided that a 18 disposal sticker has been attached to each unit above and beyond the disposal units covered in the monthly fee. 37.5 Properly prepared refuse shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians or snow plowing operations. The CONTRACTOR shall return all containers at each pick-up location to the curbside or adjacent to the right-of-way of paved or traveled CITY roadways. Containers will be placed, not thrown, and securely placed in such a manner that they are not left lying on their sides or in a manner that would allow roadway interference of vehicle and/or pedestrian traffic. Any contents spilled by CONTRACTOR on the parkways,premises, or streets are to be cleaned up in a workmanlike manner. 38. ACCEPTABLE/UNACCEPTABLE MATERIAL 38.1. UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials, radioactive materials,poisons, liquid waste,paint or similar products, acids,used motor oils, or any other material that the CONTRACTOR is legally unable to accept. 38.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties shall be accepted for regular collection including but not necessarily limited to: bulk items,household fixtures, appliances, furniture and yard-waste. 39. EXAMINATION OF SERVICE AREA 39.1 It is the responsibility of the Contractor to be completely informed of all conditions under which service is to be performed, the service area, and all other relevant matters pertaining to the collection services as specified herein, including,but not limited to, type of housing,population density, roads,traffic patterns, required collection procedure, labor requirements, and any other factor which would effect the execution and/or completion of the work covered by the contract. 40. ALTERNATIVES AND DEVIATIONS 40.1 The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Contractor. 40.2 Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 40.3 If the Contractor is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached for each deviation. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 40.4 If the Contractor does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. 19 40.5 The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 41 CHRISTMAS TREE COLLECTION 41.1 The CONTRACTOR will provide curbside collection service of live Christmas trees two (2) weeks during the 1 st and 2nd full week in January each contract year. It will be the responsibility of the CONTRACTOR to either recycle or correctly dispose of live Christmas trees. There will be no cost to the CITY of Yorkville for this service. The CONTRACTOR and the CITY will work together to educate the public with respect to the condition of the trees before they will be collected. Christmas trees will be accepted provided they are free of all ornamentation, including tinsel, garland and lights. If disposable tree bags are used, a refuse sticker must be affixed to the plastic bag. Christmas trees placed at the curb during the two-week special collection period shall be recycled. Recycling shall consist of taking the Christmas trees to a compost site to be chipped,mulched or composted. The CONTRACTOR shall provide the name and location of the compost site in accordance with Appendix 6. 42. YARD-WASTE/BUNDLED BRUSH COLLECTION 42.1 As a part of yard-waste collection, all eligible households located within the City's corporate boundaries shall be provided weekly yard-waste and bundled brush collection in an unlimited amount. All yard waste materials must be placed in"Kraft"paper bags designed and sold specifically for the collection and disposal of yard waste. All bundled brush must not exceed four (4) foot length, with each individual bundle not to exceed excess weight of fifty(50)pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine (plastic or wire is prohibited). Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1 st through the last collection day in November). 43. RECYCLABLE MATERIAL PROGRAM 43.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon tote to each single-family residence in the City of Yorkville for the purposes of recycling collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 43.2 The City of Yorkville's recyclable material program shall remain voluntary on the part of any person receiving residential scavenger service as covered under this contract. The Contractor shall,however,provide for the collection and disposal of all recyclable material placed for collection in accordance with the terms of this Contract. The Contractor shall provide for the collection and disposal of recyclable material at no additional cost to customers receiving residential scavenger service as covered under this contract. The cost of recycling collection and disposal services has been built into the rates and charges otherwise provided for in the Contract for collection of refuse and yard- waste. All revenue collected from the sale of recyclable material shall be the property of the Contractor. The Contractor shall have representatives available to participate in community-sponsored events promoting environmental awareness. 43.3 The method in which the recyclables are to be generally sorted for collection by the 20 United City of Yorkville household shall be commingled within the recycling container(s). 43.4 The Contractor shall specify the manner in which the recyclables are to be collected and sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate processing facility, and the like. The Contractor will be responsible for cleaning up any material that has spilled as a result of the collection process. 43.5 The Contractor shall allow for a tagging system for recyclables not collected and must provide a simple explanation as to why the recyclable material(s) were not picked up, including, but not limited to, the following: contaminants,improper preparation; materials not accepted in program: refuse and/or yard-waste mixed with recyclables; or some combination thereof. The Contractor shall submit an example of the tagging system to be used. Recyclable materials that were rejected shall be returned to the container and not left on the street or parkway areas. 43.6 The Contractor shall purchase and maintain a reasonable supply of recycling totes, for residential scavenger service to cover replacement for lost, damaged and stolen containers, and for customers desiring additional recycling capacity. The City reserves the right to approve the type of containers purchased by the Contractor. 43.7 The Contractor shall pick up all recyclable material placed in the recycling existing 64 gallon totes, or the recycling containers supplied by the Contractor, or any other recycling containers used by the customer. If, for operational purposes,the Contractor has difficulty identifying recycling containers used for recycling purposes, the Contractor shall provide free of charge, a recycling sticker or other identification mechanism to be placed on the various recycling containers used for collection of recyclable material. 43.8 The Contractor shall provide the name and location of the processing facility, as well as the proposed buyer/market for recyclable materials as set forth in Appendix 6. In the event that an alternative site is preferred by the City, the Contractor shall use the alternative site location provided that any changes in the costs for collection and processing created by the use of such site will be negotiated between the City and the Contractor prior to its use. 43.9 The City reserves the right to accept or reject any or all suggested categories, which may be offered for collection in the residential recycling program. The City also reserves the right to phase in at a later date, any material(s) which the Contractor has indicated an ability to collect but which the City has determined not to add to the collection program, or to phase in any material(s)that the Contractor may not presently offer but will be able to offer sometime during the term of the Contract. The basis for determining cost of adding materials at a later date will be based on evidence supplied by the Contractor specifically justifying additional cost due to collection, administration,profit, and processing (minus revenue) only. 44. AMNESTY DAY 44.1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional 21 United City of Yorkville refuse and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY. In addition, the CONTRACTOR will collect WHITE GOODS and up to 4 automobile tires during the scheduled Amnesty Day. All rims must be removed from the tires prior to collection. There shall be no additional charge to the residents for the clean up and additional BULK ITEMS and WHITE GOODS that will be accepted during the designated clean-up week and stickers will not be required. 45. COLLECTION FROM CITY-OWNED FACILITIES 45.1 At no additional cost, the Contractor shall collect, transport, and dispose of all refuse, yard-waste and recyclables from all City-owned facilities as set forth in Exhibit B. The Contractor shall furnish, at no additional cost to the City, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the City's Designated Representative, with the size to be agreed upon. The City reserves the right to request such containers, in addition to, or increase the size of normal containers, on a permanent or temporary basis. If requested by the City, any and all containers furnished by the Contractor shall be equipped with non-removable hinged covers or lids. Collection and disposal services by the Contractor will be as often as necessary each week, as set forth in Exhibit B. 46. STICKER DESIGN AND DISTRIBUTION 46.1 The CITY has the sole authority to approve or disapprove the design and constmction of the CONTRACTOR's stickers. Stickers must be of an approved color, which should be clearly visible at dawn or at dusk by drivers, and which said color should be changed periodically to prevent counterfeiting. The paper used shall be biodegradable and shall contain glue backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers shall contain the CONTRACTOR's name and telephone number, state the CITY of Yorkville title and be consecutively numbered for record keeping and balancing purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY upon request. 39.2 The CONTRACTOR shall be responsible for the printing, distribution, and sale of an ample and always available supply of waste stickers. The CONTRACTOR shall arrange for local retail outlets to aid in the sale of the stickers. The CITY also may act as a disposal sticker retailer for the CONTRACTOR. 48. BILLING PROCEDURES 48.1 The CONTRACTOR shall bill the City for all serviced UNITS within the City. The City shall provide the contractor with the number of occupied UNITS within the City on a monthly basis. 49. MONTHLY REPORTING 49.1 The Contractor shall prepare and submit to the City a monthly refuse,yard-waste and recycling material report, due by the 25th of the following month. The report shall include the following information for all residential scavenger service covered under this contract: 22 United City of Yorkville 49.2 Refuse- Total weight in tons and total volume in compacted cubic yards of refuse land- filled each month; Number of white goods collected each month; Tipping fee charge per ton at the landfill site; Name and location of the landfill facility and/or transfer station used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 49.3 Yard-waste- Total volume, in compacted cubic yards, of yard-waste collected; Tipping fee charge per compacted cubic yard at the compost facility;Name and location of the compost facility used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 49.4 Recyclable Material - Weekly set-out rate; Monthly participation rate (total number of set-outs divided by the number of homes/dwelling units included in the collection service); Total weight, in pounds, of recyclable materials collected; Revenue received by the Contractor for the sale of recyclables; Tipping fee savings (total weight of recyclable materials collected in tons multiplied by the tipping fee charge per ton at the landfill site); Name and location of processing facility used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 50. CONSUMER EDUCATION 50.1 Upon request, the Contractor agrees to provide City residents with such educational materials as the City deems necessary. Educational materials may include notices to be left at resident's property as well as literature describing in detail the refuse,recycling and yard-waste collection program. There shall be no cost to the City or its residents for the printing and distribution of any consumer education materials. 51. TITLE TO WASTES 51.1 All refuse, yard-waste, and curbside recyclables collected shall belong to the Contractor as soon as the same is placed in the Contractor's vehicle. 52. DISPOSAL 52.1 All refuse and yard-waste collected shall be removed from the City by the Contractor as soon as it has been collected;but in any event,not later than noon of the date following collection, and shall not be disposed of in violation of any state, federal or county laws or regulations. 53. RATES AND SPECIAL RATES 53.1 For any services required to be performed under this Contract,the charge shall not exceed the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and made a part hereof. For items not otherwise provided for by the Contract document, and requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between the Contractor and the resident customer for collection and disposal into a landfill or processing facility. 54. SPECIAL & EMERGENCY COLLECTIONS 54.1 The Contractor shall offer special curbside collection service for large quantities of refuse 23 United City of Yorkville including,but not limited to, construction and demolition debris, and move-in or move- out clean-up rubbish. Such services shall be an advance arrangement with the Contractor at the resident customer request. The collection cost for such services shall be based upon cubic yards and the resident customer shall make payment directly to the Contractor. The Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yard as requested by the City) for refuse and recycling collection during the City's annual Hometown Days, 4th of July Parade and celebration in the park, and other special events which were provided service under the previous contract. The City and the Contractor may mutually agree to emergency pick-up services for disasters including,but not limited to, flood,wind and snow. 55. SCHEDULE AND TIME OF COLLECTIONS 55.1 The City of Yorkville shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the City of Yorkville, designating collection areas shall be made a part of this contract and attached hereto as Exhibit A. 55.2 The schedule shall not be changed without first obtaining consent from the City Administrator or designee, and not without giving a minimum of thirty(30) days written notice to all parties affected by the change. The City may, at its discretion,waive the minimum time limits required. This waiver must be in writing and signed by the City designee. The Contractor will be required to publish an advertisement twice per week in two separate weekly issues of the local newspapers, no earlier than 60 days prior to the change, with the last advertisement to be no later than fifteen (15) days prior to the schedule change. Failure of the Contractor to maintain said collection schedule shall be considered a breach and default of the contract and grounds for immediate termination of the contract. 55.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m. on any day during the term of the contract. The collection schedule shall not include Saturday or Sunday as a regular collection day for any area in the City. 56. HOLIDAYS 56.1 Collection normally falling on the following holidays may be rescheduled for the first working day following the legal holiday, or on Saturday, as necessary, for that week only: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 56.2 The Contractor agrees to inform the City and its residents of changes in normal collections due to holidays by notification through at least two local media outlets or establish a permanent holiday schedule or plan to be printed within the refuse literature. 57. SCHEDULE ADHERANCE 57.1 If, at any time during the term of this contract,the Contractor shall collect any section of the City on a day other than the scheduled day, the Contractor shall immediately notify the City that he is in violation of the contract. If a similar violation should occur more 24 United City of Yorkville than once within the three week period following the week of the original violation, the City will notify the Contractor by certified mail and withhold any further payment that may be due under the contract until the Contractor has furnished evidence satisfactory to the City that the Contractor has taken necessary actions and precautions to prevent further violations. The City may determine that this second or subsequent collection violation as a breach of contract, and therefore the City reserves the right to terminate the contract. Delays that are occasioned by holidays, or by daily(any 24-hour period)precipitation of four (4) inches or more of rain, or eight(8) inches or more of snow,may not be considered as violations. The City Administrator or the City's Designated Representative shall be the judge of whether delays constitute a violation, or not. 58. PLACE OF PICK-UP 58.1 The Contractor is responsible for the public streets, or properly wavered private street curbside pick-up of all residential locations as well as designated locations as requested by the City. 59. REPLACEMENT DAMAGE 59.1 The Contractor is responsible for damages resulting from its careless handling of any receptacle. The Contractor at no extra charge to the user shall replace all containers, which suffer damage caused by the Contractor. The containers so supplied shall remain the property of the CONTRACTOR. 60. COLLECTION VEHICLES 60.1 All vehicles used for collection purposes, except those exempted by other provisions of these specifications, shall have fully enclosed bodies with self-contained mechanisms to load and compress the material collected. These vehicles must be modern, neat,rear, front, or side-loading packer-type motor trucks,have entry for refuse into the vehicle's collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept closed except during collections along collection route. All equipment used by the Contractor shall be painted with no rust showing on the cab, chassis or body. Vehicles must be kept in clean, sanitary and quiet operating condition. Vehicles must at all times be supplied with brooms and necessary items to provide for immediate clean up of any litter or mess, which may result from leaking, spilling or blowing during collection procedures. Vehicles shall be clearly labeled with the firm's name, address, and telephone number and have a vehicle identification number printed clearly on each and every vehicle. However, if the Contractor desires to use a vehicle of larger capacity, specific written approval of the specific vehicle shall be required from the City's Designated Representative, after an actual demonstration of the vehicle on the streets of Yorkville. Overweight vehicles are the responsibility of the Contractor. Contractor is required to comply with weight requirements and safety requirements as established by Illinois Law or City Ordinances for vehicles,vehicle operators and specialty equipment. 61. EMPLOYEES 61.1 The Contractor shall undertake to perform all disposal services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to 25 United City of Yorkville provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her(drivers and crew members)job while on duty or in the course of performing their duties under this contract. The Contractor shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Contractor's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Contractor and the City Designated Representative. 62. ACCIDENT PREVENTION 62.1 Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the manual of Accident Prevention in Construction,published by the Associated General Contractors of America,to the extent that such provisions are not in contravention of applicable law. 63. COMPLAINT PROCEDURE 63.1 All complaints received by the Contractor shall be given prompt and courteous attention. The City and the Contractor will agree upon a formalized complaint form to be filled out by the Contractor each and every time a customer contacts the Contractor with a complaint. It will be the Contractor's responsibility to have the complaint forms, on NCR(no carbon required)paper,printed and available for use by the Contractor prior to the commencement of this Contract. The Contractor will supply the City with sufficient NCR forms for logging of complaints by City of Yorkville staff. Any complaint received by the City shall be immediately communicated to the contractor. The Contractor is required to supply the City with copies of all complaint forms within five (5)business days of a complaint being made, indicating thereon the resolution thereof 63.2 The Contractor shall provide the City with name,phone number, and email address for an individual to serve as point person for purposes of City staff contact with the Contractor. 64. COMPLAINTS 64.1 Where any dispute arises between a resident/customer and the Contractor, as to the manner or placing of containers for collection or preparation of recyclable materials, or the nature of the Contract or the like,the Contractor agrees that in the specific instance collection will be immediately made even though in its opinion,the customer is in error; and that it will immediately report the same to the City's Designated Representative so that the City and the Contractor may resolve the dispute, if possible,before additional collection becomes necessary. The intent of this paragraph is to avoid disputes/disagreements between the customers and the Contractor's employees, and to permit disputes/disagreements to be handled by mutual discussion between the Contractor and the City. If a missed pick up is reported by the City or a customer to the Contractor,the Contractor shall collect the refuse, recyclable material or yard-waste from 26 United City of Yorkville such customer within on (1)business day of notification. All complaints other than missed pickups shall be resolved to the satisfaction of the City within two (2)business days. As noted above, the Contractor shall supply to the City an NCR copy of the complaint form for each and every complaint and on which the nature of the complaint and the disposition is clearly noted. The Contractor shall cooperate with the City in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the City, or failure of the Contractor to carry out any of its contractual obligations such as,but not limited to,rude treatment, messy pickups, damage to persons or property and early start-up may be due cause for the City to terminate this Contract after notice and an opportunity to be heard. 65. CUSTOMER VIOLATIONS OF CITY CODE 65.1 The Contractor shall have the right to notify any customer of noncompliance with the applicable Yorkville code provisions concerning the handling or disposal of solid waste as those same may apply to such customers. The Contractor shall report any continuance of any such noncompliance to the City. 66. NEW CUSTOMERS 66.1 The Contractor agrees to provide service immediately to all new customers, even if the new customer neglected to first notify or request collection services. The City agrees to make every effort possible to alert the new customer to the collection procedure for refuse, recycling and yard-waste. 67. EXCLUSIVE GRANT/INTENT 67.1 The City agrees that in consideration of the faithful performance of the obligations herein undertaken by the Contractor, the City does,by execution of this Contract pursuant to City Code, give and grant to the Contractor, for the term of this Contract only, the sole and exclusive Class A License to collect and dispose of all residential solid wastes. The Contract shall include all residences (attached single-family and detached single-family as defined herein) and municipal facilities as required within the corporate boundaries of the City of Yorkville. This grant expressly includes the right and duty to service any land annexed to the City where new residences or municipal buildings have been constructed during the term of this Contract. Service will be provided on the same terms as set forth herein. The City shall communicate any changes to the corporate boundaries or service area resulting from annexations, zoning actions, site plan approvals, construction, etc., to the Contractor. It is the intent of this Contract to obtain, throughout its term, clean, courteous,well scheduled, and well-executed collection and disposal or processing of refuse, recycling and yard-waste from properties in the City of Yorkville. While the City recognizes that any collection service involves minor customer operating problems, the intent of this Contract is to ensure that any such operating problems are minimized to the extent possible and corrected as soon as possible. 68. QUALIFICATIONS/REFERENCES 68.1 The Contractor shall provide at least five(5) references of"like"public agencies with current contacts in accordance with Appendix 4 and shall indicate if appropriate, which municipality has implemented a volume-based program. Contractor shall complete the 27 United City of Yorkville attached Appendix 6 listing its qualifications. 69. PROPOSAL SECURITY 69.1 Each proposal shall be accompanied by proposal security, which shall be in the form of a certified check or a bank cashier's check in the amount of five thousand dollars ($5,000), made payable to the City of Yorkville. Proposals submitted without the required security shall be rejected. After formal written notification by the City that a contract award decision has been made, the proposal security of the successful Contractor shall be forfeited to the City in the event that the Contractor shall withdraw its proposal, or neglect or refuse to enter into a contract and required bond, and the Contractor shall be liable for any damages the City may thereby suffer. 69.2 Proposal securities shall be released as follows: 69.3 (1) The successful Contractor's security shall be retained until the required performance bond ($500,000.00)has been furnished; (2)Proposal securities of the proposing Contractors shall be held until the successful Contractor's performance bond has been furnished, at which time the checks will be promptly returned to the unsuccessful Contractors 70. TERM OF CONTRACT 70.1 The term of the Contract will be five (5)years, and shall commence at 12:01 a.m. on May 1, 20812 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2017. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11:59 p.m. on April 30, 2019. The Contractor may negotiate in good faith, on request of the City, for an extension to the contract,provided that the contract extension is approved by the City Council no later than one hundred twenty(120) days before the termination of the existing contract. 71. STICKER REFUND 71.1 At the end of the Contract term, should the City select a different scavenger service, the Contractor agrees to refund to all customers,retailers and the City,the full purchase price of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty (120) days after the end of such term. 72. PERFORMANCE BOND 72.1 The Contractor shall provide the City with a performance bond issued by a surety in an amount of$500,000. 73. EMERGENCIES 73.1 The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or other act of God which require additional hauling equipment by the City,the Contractor's equipment shall be placed at the disposal of the City upon request for such temporary use, provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an emergency. 28 United City of Yorkville 74 LOCAL IMPROVEMENTS 74.1 The City of Yorkville reserves the right to construct any improvement or to permit any construction in any street, which may have the effect for a time of preventing the Contractor from traveling his accustomed route or routes for collection. The Contractor shall, however,by an acceptable method, continue to collect the refuse, yard-waste and recyclables to the same extent as though no interference existed upon the streets formerly traveled. This shall be done without extra cost to the City of Yorkville. 75. TAXES, LICENSES & PERMITS 75.1 The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or the Contractor in connection with the Contractor's facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Contractor shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 76. DEFAULT 76.1 If the Contractor fails to observe the established schedule for more than two (2) consecutive working days, and in the opinion of the City's Designated Representative, there has not been sufficient cause to justify such lack of observance,the City shall serve notice, either personally or by affixing such notice to the local premises of the Contractor, that this contract shall be in default if the Contractor does not take action to re-establish the schedule within twenty-four(24)hours of said notice. If at the end of the twenty-four (24) hour period, the Contractor has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Contractor. The Contractor will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's Designated Representative, the City shall have the right to take over all equipment and facilities of the Contractor for a period of up to one-hundred-twenty(120) days from the date of notice of default. 77. STRIKES/FORCE MAJEURE 77.1 The Contractor shall be required to file proof with the City Administrator or his designee that it has a "no strike" provision for the duration of all collective bargaining agreements with its workers. Upon execution of any new agreement, the Contractor shall forward to the City Administrator within thirty(30) days thereafter,proof that said agreement also contains a "no strike" clause. 78.2 In the event that the Contractor shall fail to collect,remove and properly dispose ofthe waste in accordance with the terms of this contract, for a period of five(5) business_days or more, the CITY,may, at its option, cause such waste to be collected and disposed of by any reasonable—means available to the CITY, and the cost thereof may be charged against the Contractor and the performance bond furnished by the Contractor. The foregoing option shall not be available to the CITY if the Contractor's failure so to collect and remove waste for the period was due to unusual weather conditions, or some other"act of God," which rendered 29 United City of Yorkville such collection and removal impossible to perform. The Contractor shall not be liable for the failure to perform its duties if such failure was caused by a catastrophe, riot, war, government order or regulation, fire, accident or any similar contingency beyond the reasonable control of the Contractor. "Act of God" does not include any strike, sympathy strike, slowdown, sit- down, stoppage of work,refusal to perform overtime,mass absenteeism,refusal to cross a picket line or any other similar concerted action or intentional interruption or disruption of the operations of the Contractor by Contractor's own employees (the foregoing collectively referred to as "labor dispute"),provided,however, that in the event that the CITY exercises its option under this Article to collect and dispose of waste by other reasonable means because of the Contractor's failure to perform due to a labor dispute, the total amount charged against the Contractor by the CITY can only be an amount which is in excess of the total amount that the CITY would have otherwise paid to the Contractor for collection over the duration of the labor dispute. The CONTRACTOR shall promptly notify the CITY in writing of any event covered by this Section and the date,nature and cause thereof. Such notice shall indicate the anticipated extent of such delay and the obligations under this Agreement to be affected thereby 30 United City of Yorkville IV. PROPOSAL/CONTRACT FORM ***THIS PROPOSAL,WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Bid Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name(Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name&Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services upon which prices are quoted, at the price set opposite each item, delivered at the designated point within the time specified above. 31 United City of Yorkville VENDOR W-9 REQUEST FORM The law requires that we maintain accurate taxpayer identification numbers for all individuals and partnerships to whom we make payments,because we are required to report to the I.R.S. all payments of$600 or more annually. We also follow the I.R.S. recommendation that this information be maintained for all payees including corporations. Please complete the following substitute W-9 letter to assist us in meeting our I.R.S. reporting requirements.The information below will be used to determine whether we are required to send you a Form 1099. Please respond as soon as possible, as failure to do so will delay our payments. BUSINESS (PLEASE PRINT OR TYPE): NAME' ADDRESS' CITY: STATE: ZIP' PHONE' FAX' TAX ID##(TIN): (If you are supplying a social security number, please give your full name) REMIT TO ADDRESS(IF DIFFERENT FROM ABOVE): NAME: ADDRESS: CITY' STATE: ZIP' TYPE OF ENTITY(CIRCLE ONE): •Individual -Sole Proprietor -Government Agency •LLP(Limited Liability Partnership) •LLC(Limited Liability Corporation) •Medical -Partnership -Charitable/Nonprofit •Incorporated -Other(Please describe) SIGNATURE: DATE: 32 United City of Yorkville PROPOSER'S CERTIFICATION (page I of 3) With regard to ,proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS §12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall County County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the City of Yorkville. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four(4) years following completion of the contract. Proposer certifies that proposer and any subcontractors working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, contractor and subcontractor. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Contractor agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the Department of Revenue, Proposer has entered into an agreement with the Department of 33 United City of Yorkville PROPOSER'S CERTIFICATION (page 2 of 3) Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of , 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: 34 United City of Yorkville PROPOSER'S CERTIFICATION (page 3 of 3) The partnership does business under the legal name of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 35 United City of Yorkville APPENDIX 1 GENERAL PRICE QUOTATION SHEET Please provide all costs associated with once a week,same day refuse,yard waste,leaf,and recycling collection services for each year in accordance with the following schedule: Year I Year 2 Year 3 Year 4 Year 5 i s Description of i 4/30/16 4130117 1.Monthly prices for refuse,yard waste,and recycling collection program as outlined in the contract for any-size r Hug tote and: 33 gallon garbage tote $ $ $ $ $ 64 gallon garbage tote $ $ $ $ $ 96 gallon garbage tote $ $ $ $ $ 2. jAlternative service package price quote]The same service as#1 above,with alt revenues derived from the sale of recyclable products collected in the municipality paid to the City each month after they are collected by the contractor, 33 gallon garbage tote $ $ $ $ $ 64 gallon garbage tote $ $ $ $ $ 96 gallon garbage tote $ $ $ $ $ 3.Other Components of Price Quotation Special Collections $ $ $ $ $ (charge per cubic yard) 36 United City of Yorkville APPENDIX 2 REQUIRED RECYCLABLES TO BE COLLECTED The City requires that the Contractor shall collect the following recyclable material for the entire term of the contract. Additionally, the Contractor is encouraged to identify additional items they will be collecting, not on the current list. Required Recyclable Materials • brown paper bags • corrugated cardboard • boxes and cartons • chipboard/paperboard (to include brown or gray box board or paperboard, cereal boxes, shoe boxes, &paper towel cores) • magazines and catalogues • mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it notes, computer paper, typing paper, flyers, greeting cards, file folders and all envelopes, with and without windows) • newspaper(including all supplements) • telephone books • wet strength carrier stock (to include paper board used for refrigerated and frozen items) • frozen food packages • aerosol cans • aluminum cans and foil • formed aluminum containers and wraps • aseptic packaging and gable top containers • formed steel containers • glass bottles and jars (brown, green, and clear) • plastic containers (colored or cloudy white HDPE milk,juice and/or water bottles, jars and jugs) • all plastic containers#1 through#5 and plastic containers #7 • LDPE and HDPE soft plastic six (6) and twelve (12)pack rings • steel cans • steel paint cans and lids • household batteries Other Recyclable Materials Proposed by Contractor 37 United City of Yorkville APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section Paragrapli Explanation of Alternative/Deviation 38 United City of Yorkville APPENDIX 4 SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Please list municipal references. (Please attach additional sheets if necessary) Municipality Contact Name & Service Explanation of Collection and Telephone Number Dates Disposal Program 39 United City of Yorkville APPENDIX 5 LOCATION OF DISPOSAL FACILITIES Please provide below information concerning the facilities,which are intended to be used for the disposal of refuse, yard waste, and recyclable materials collected at the curbside. (Please attach additional sheets if necessary.) REFUSE Name of Facility Facility Address Disposal Limitations RECYCLING Name of Facility Facility Address Disposal Limitations YARD WASTE Name of Facility Facility Address Disposal Limitations 40 United City of Yorkville APPENDIX 6 CONTRACTOR QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company(if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: Signature: Date: 41 United City of Yorkville EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached 42 United City of Yorkville EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location Service Type Size Frequency Library Refuse 1-1.5 yd lx/wk 902 Game Farm Road Recycling 1-1.5 yd lx/wk City Hall and Police Refuse 1-6 yd 2x/wk Department Recycling 1-2 yd cardboard lx/wk 800 Game Farm Road Recycling(paper) 6-96 gallon toters lx/wk Public Works Recycling 1-2 yd cardboard lx/wk 610 Tower Lane Refuse 1-20 yd open lx/wk Parks and Recreation Refuse 1-20 yd open lx/wk Satellite Office at Old Recycling 1-96 gallon toter lx/wk Post Office Recycling 1-1 yd cardboard lx/wk 201 W.Hydraulic Avenue Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Administrative Recycling 2-96 gallon toter lx/wk Building 301 E.Hydraulic Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Program Recycling 2-96 gallon toter lx/wk Building 131 E.Hydraulic Beecher Center Refuse 1-4yd refuse lx/wk 908 Game Farm Road Recycle 1-2yd recycle lx/wk REC Center Refuse 1-6 yd lx/wk 202 E Countryside Pkwy Recycle 1-6 yd lx/wk All City Rentals Refuse 96 gal.toters, 33 gal. toters, 18 When Required gal.toters 30 yd open dumpster The location of the facilities, the number of facilities, their bin/tote size, and pickup schedule are subject to change throughout the lift of the contract. The Contractor shall provide, at no cost to the City, the collection and disposal of all refuse, recycling, and yard waste, or more often if requested by the City. A comprehensive recycling program shall also be provided at no cost for the municipal facilities listed above (new or additional facilities may be added at any time during the Contract term). The Contractor shall be responsible for supplying all service equipment associated with totes and containers/dumpsters to said facilities as set forth in the Contract. 43 United City of Yorkville 44